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A BILL TO BE ENTITLED
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AN ACT
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relating to the addition of territory to and the amount of |
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production fees imposed by the Trinity Glen Rose Groundwater |
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Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13, Chapter 1312, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by amending |
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Subsection (b) and adding Subsection (b-1) to read as follows: |
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(b) Except as provided by Subsection (i) of this section, |
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the board of directors may impose [reasonable] fees on each |
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nonexempt well in the district. The fees may be assessed annually, |
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based on: |
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(1) the size of column pipe used in the well; |
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(2) the production capacity of the well; or |
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(3) actual, authorized, or anticipated pumpage. |
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(b-1) The district may not impose a fee under Subsection (b) |
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of this section in an amount greater than: |
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(1) $1 per acre-foot for water used for agricultural |
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purposes; or |
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(2) $40 per acre-foot for water used for any other |
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purpose. |
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SECTION 2. Section 19, Chapter 1312, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by adding |
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Subsections (e), (f), and (g) to read as follows: |
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(e) If a municipality that has held an election under |
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Subsection (a) of this section subsequently annexes land, the |
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annexed land by that action: |
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(1) becomes part of the territory of the groundwater |
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conservation district chosen by the municipality in the election; |
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and |
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(2) is disannexed from any other groundwater |
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conservation district in which the land is located. |
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(f) Any land annexed by the municipality after an election |
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under Subsection (a) of this section and before the effective date |
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of this Act is: |
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(1) territory of the district chosen by the |
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municipality in the election; and |
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(2) disannexed from any other groundwater |
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conservation district in which the land is located. |
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(g) A disannexation of a groundwater conservation |
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district's territory under this section does not diminish or impair |
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the rights of the holders of any outstanding and unpaid bonds, |
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warrants, or other obligations of that groundwater conservation |
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district. Property disannexed under this section is not released |
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from its pro rata share of any indebtedness of that groundwater |
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conservation district at the time of the disannexation, and that |
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groundwater conservation district may continue to tax the property |
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until that debt is paid. |
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SECTION 3. (a) All governmental acts and proceedings of the |
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Trinity Glen Rose Groundwater Conservation District relating to the |
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annexation of territory to the municipality or to the district that |
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were taken before the effective date of this Act are validated, |
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ratified, and confirmed in all respects as if they had been taken as |
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authorized by law. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. 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, 2009. |