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A BILL TO BE ENTITLED
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AN ACT
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relating to a groundwater conservation district's regulation of |
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groundwater use by any person, including a state agency or |
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political subdivision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 36, Water Code, is amended |
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by adding Section 36.003 to read as follows: |
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Sec. 36.003. APPLICABILITY OF GROUNDWATER REGULATIONS. |
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Each person, including a state agency, a political subdivision, and |
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any other legal entity, who produces groundwater inside the |
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boundaries of a district is subject to groundwater regulation under |
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this chapter, except as exempted under Section 36.117 or 36.121. |
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SECTION 2. Subsections (a) and (b), Section 36.102, Water |
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Code, are amended to read as follows: |
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(a) A district may enforce this chapter and its rules by |
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bringing an action for an injunction, mandatory injunction, or |
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other appropriate remedy in a court of competent jurisdiction |
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against any person, including a state agency, a political |
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subdivision, and any other legal entity, subject to groundwater |
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regulation under this chapter, except as exempted under Section |
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36.117 or 36.121. |
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(b) The board by rule may set reasonable civil penalties for |
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breach of any rule of the district by any person, including a state |
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agency, a political subdivision, and any other legal entity, |
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subject to groundwater regulation under this chapter not to exceed |
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$10,000 per day per violation, and each day of a continuing |
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violation constitutes a separate violation. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |