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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption for groundwater used for certain purposes |
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from production fees assessed by the Upper Trinity 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. Subchapter D, Chapter 8830, Special District |
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Local Laws Code, is amended by adding Section 8830.153 to read as |
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follows: |
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Sec. 8830.153. EXEMPTION FROM PRODUCTION FEES FOR |
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GROUNDWATER USED FOR CERTAIN EMERGENCY PURPOSES. (a) In this |
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section, "involved entity" means: |
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(1) a fire department or emergency services district |
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that uses groundwater produced within the boundaries of the |
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district; or |
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(2) a person that provides groundwater produced within |
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the boundaries of the district to a fire department or emergency |
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services district. |
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(b) Groundwater produced within the boundaries of the |
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district for use by a fire department or emergency services |
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district solely for emergency purposes is exempt from the |
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assessment of any production fees that would otherwise be required |
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under a district rule, resolution, or order adopted under Section |
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8830.152. |
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(c) For purposes of this section, emergency purposes |
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include the use of groundwater: |
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(1) to fight fires, manage chemical spills, and |
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otherwise address emergency public safety or welfare concerns; and |
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(2) for training exercises conducted in preparation |
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for responding to fires, chemical spills, and other emergency |
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public safety or welfare concerns. |
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(d) The district may adopt rules to implement this section |
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that require each involved entity to report to the district using |
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reasonable and appropriate reporting methods established by the |
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district: |
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(1) the total quantity of groundwater produced or |
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used, as applicable, for all purposes by the involved entity during |
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each month of the reporting period; |
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(2) the quantity of groundwater produced or used, as |
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applicable, for emergency purposes during each month of the |
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reporting period; and |
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(3) the quantity of groundwater produced or used, as |
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applicable, for any purpose other than for emergency purposes |
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during each month of the reporting period. |
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(e) The production fee exemption provided by Subsection (b) |
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does not apply to groundwater produced for a purpose other than for |
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emergency purposes. |
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SECTION 2. Section 8830.153, Special District Local Laws |
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Code, as added by this Act, applies only to the assessment of a |
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groundwater production fee by the Upper Trinity Groundwater |
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Conservation District on or after the effective date of this Act. |
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The assessment of a groundwater production fee by the Upper Trinity |
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Groundwater Conservation District before the effective date of this |
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Act is governed by the law in effect on the date the fee was |
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assessed, and that law is continued in effect for that purpose. |
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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, 2009. |