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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the San Jacinto River |
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Authority; providing authority to issue bonds; imposing an |
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administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 426, Acts of the 45th Legislature, |
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Regular Session, 1937, is amended by adding Sections 10A, 11, 11A, |
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11B, 11C, 11D, 11E, 11F, 11G, 11H, 11I, 11J, 11K, 11L, 11M, 11N, |
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11O, 11P, and 11Q to read as follows: |
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Sec. 10A. (a) In this section: |
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(1) "Public security" has the meaning assigned by |
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Section 1201.002, Government Code. |
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(2) "Credit agreement," "security agreement," and |
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"security interest" have the meanings assigned by Section 1208.001, |
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Government Code. |
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(b) The Authority may issue, sell, and deliver public |
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securities in the manner provided by this section or other law, |
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including Chapter 1371, Government Code, to finance or pay for any |
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project, improvement, program, plan, or purpose of the Authority or |
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to refund or refinance any public security. |
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(c) Except as provided by Subsection (d) of this section, |
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public securities of the Authority may be sold by the Board or an |
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officer or employee of the Authority, if authorized by the Board, at |
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public or private sale in the form, at the price, on the terms, and |
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at the interest rate or rates, whether fixed, variable, floating, |
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adjustable, or otherwise, as the Board determines is appropriate. |
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(d) The net effective interest rate on public securities |
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described by Subsection (c) of this section may not exceed the |
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maximum rate allowed by law. |
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(e) Without the necessity for an election, public |
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securities of the Authority may be made payable from any designated |
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portion or combination of revenue, receipts, fees, user fees, |
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rates, charges, special assessments, contract revenue, income, |
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proceeds of refunding public securities, or funds from any source |
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other than ad valorem taxes. |
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(f) Public securities of the Authority payable wholly or |
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partly from ad valorem taxes may be issued only after approval by a |
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majority of the voters of all or a defined area of the Authority |
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voting at an election held for that purpose. The Board may hold an |
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election in all or a defined area of the Authority for the purpose |
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described by this subsection. |
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(g) Public securities of the Authority may be secured by a |
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security agreement or credit agreement, or both, and with the |
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security interest or interests, other than a mortgage interest on |
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real property, and the parity or priority of pledge and lien as the |
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Board determines is appropriate. |
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Sec. 11. In Sections 11A, 11B, 11C, 11D, 11E, 11F, 11G, 11H, |
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11I, 11J, 11K, 11L, 11M, 11N, 11O, 11P, and 11Q of this Act: |
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(1) "Authority" means the San Jacinto River Authority. |
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(2) "Board" means the board of directors of the |
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Authority. |
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(3) "District" means any district or authority created |
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under Section 52(b)(1) or (2), Article III, or Section 59, Article |
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XVI, Texas Constitution, regardless of the manner of creation, |
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other than: |
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(A) the Lone Star Groundwater Conservation |
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District; |
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(B) a navigation district or a port authority; or |
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(C) a district that does not have the legal |
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authority to provide retail water service. |
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(4) "Groundwater reduction plan" means a plan adopted |
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or implemented by the Authority under Section 11A of this Act and |
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any related water supply plan, water conservation plan, or drought |
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contingency plan of the Authority. |
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(5) "Local government" means a municipality, county, |
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district, or other political subdivision of this state or a |
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combination of two or more of those entities. |
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(6) "Participant" means a regulated user |
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participating in the groundwater reduction plan. |
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(7) "Person" means an individual, corporation, |
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organization, government or governmental subdivision or agency, |
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district, local government, business trust, estate, trust, |
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partnership, association, or other legal entity. |
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(8) "Regulated user" means a person, other than a |
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person that owns or operates a single groundwater well serving not |
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more than one single-family residential dwelling or unit, who is |
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subject to any rule, order, or requirement of the Lone Star |
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Groundwater Conservation District imposing groundwater withdrawal |
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reductions. |
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Sec. 11A. (a) Consistent with the purposes of Section 59, |
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Article XVI, Texas Constitution, the Authority may provide for the |
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conservation, preservation, protection, recharge, and prevention |
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of waste of groundwater and for the reduction of groundwater |
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withdrawals by developing, adopting, implementing, and enforcing a |
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groundwater reduction plan as necessary in the discretion of the |
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Authority to comply with the applicable rules, orders, or |
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requirements of the Lone Star Groundwater Conservation District. |
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(b) The groundwater reduction plan described by Subsection |
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(a) of this section may: |
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(1) specify measures to be taken by regulated users to |
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reduce groundwater withdrawals; |
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(2) identify alternative sources of water, including |
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water from the Authority, to be provided to regulated users; |
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(3) identify or estimate the rates and terms under |
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which alternative sources of water will be provided, which may be |
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changed as considered necessary by the Authority; |
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(4) specify the dates by which and the extent to which |
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participants must reduce or cease usage of groundwater and accept |
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water from alternative sources, including water from the Authority; |
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(5) exceed the minimum requirements imposed by the |
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Lone Star Groundwater Conservation District, including any |
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applicable groundwater reduction requirements; |
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(6) provide that the groundwater reduction plan is the |
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exclusive groundwater reduction plan that is binding and mandatory |
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on participants; |
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(7) limit, prohibit, or permit the export of |
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groundwater from or the importation of water from any source to |
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participants; |
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(8) include other terms and measures that are |
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consistent with the powers and duties of the Authority; and |
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(9) be amended at the discretion of the Authority. |
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Sec. 11B. The Authority by rule may develop, adopt, |
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implement, revise as necessary, and enforce a comprehensive water |
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supply plan, a water conservation plan, or a drought contingency |
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plan for participants. |
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Sec. 11C. For the purpose of implementing Section 11A of |
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this Act, the Authority may take any actions necessary or |
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convenient to: |
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(1) design, finance, construct, acquire by purchase, |
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gift, lease, contract, or other means, operate, maintain, repair, |
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improve, or extend a water treatment or water supply system, |
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including taking any actions necessary or convenient for those |
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purposes with regard to: |
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(A) any addition to such a system; |
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(B) all land, improvements, facilities, plants, |
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equipment, and appliances needed in connection with such a system; |
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(C) any interests in property, water rights or |
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contract rights for water supply, regional, regulatory or joint use |
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participation rights, or other contract rights needed in connection |
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with such a system; and |
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(D) administrative facilities needed in |
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connection with such a system; |
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(2) notwithstanding any provision of law or of a |
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municipal charter to the contrary, enter into contracts with |
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persons inside or outside the Authority's boundaries on terms the |
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Board considers desirable, fair, and advantageous for the exercise |
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of the rights, powers, privileges, and functions provided by this |
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Act; |
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(3) allocate water among participants; |
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(4) coordinate water services provided by or among |
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participants; |
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(5) except as provided by Section 11E of this Act, |
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provide wholesale and retail water services to any participant by |
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order, rule, or policy or on open account, without executing a |
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written contract with the participant; |
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(6) store, sell, or reuse water or any by-product from |
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the operation of the Authority's water systems; |
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(7) adopt and enforce rules and administrative |
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policies reasonably required to implement this section and Sections |
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11A, 11B, 11D, 11E, 11F, 11G, 11H, 11I, 11J, 11K, 11L, 11M, 11N, |
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11O, 11P, and 11Q of this Act, including rules governing procedures |
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before the Board and regarding the groundwater reduction plan; and |
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(8) otherwise administer and enforce the sections of |
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this Act described by Subdivision (7) of this section. |
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Sec. 11D. To facilitate the implementation of a groundwater |
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reduction plan, the Authority may: |
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(1) establish and maintain one or more separate |
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operating divisions of the Authority with separate books of |
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account; |
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(2) contract for, lease, or purchase by and for an |
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operating division services, land, equipment, and facilities, |
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including administrative and management services and facilities, |
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and water and water by-products, from: |
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(A) the Authority; |
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(B) one or more other operating divisions of the |
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Authority; or |
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(C) other persons; and |
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(3) allocate to an operating division a proportional |
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share of the direct and indirect costs of the Authority's general |
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and administrative, managerial, accounting, legal, fiscal, |
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clerical, human resources, support, and technical services. |
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Sec. 11E. (a) For purposes of this section, the boundaries |
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of a municipality include territory in the extraterritorial |
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jurisdiction of the municipality. |
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(b) The Authority may not provide retail water service to a |
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person located in the boundaries or certificated area of a |
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district, municipality, or retail public utility participating in |
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the Authority's groundwater reduction plan on the date the |
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Authority awards a contract for the construction or executes a |
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contract for the acquisition of water supply facilities to serve |
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that retail user unless: |
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(1) the district, municipality, or retail public |
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utility consents in writing to the Authority's provision of retail |
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water service; or |
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(2) the retail water user is a regulated user, the |
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Authority has provided the district, municipality, or retail public |
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utility with written notice of the request for service from the |
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retail water user, the Authority has provided the district, |
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municipality, or retail public utility with reasonable opportunity |
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to negotiate an agreement for the requested service with the retail |
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water user, and the district, municipality, or retail public |
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utility has not entered into an agreement for the requested service |
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with the retail water user on or before the 120th day after the date |
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the Authority provides the district, municipality, or retail public |
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utility with written notice of the request for service from the |
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retail water user. |
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(c) If a retail water user that does not own or operate a |
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groundwater well is added to the boundaries or certificated area of |
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a district, municipality, or retail public utility after the date |
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the Authority awards a contract for the construction or executes a |
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contract for the acquisition of water supply facilities to serve |
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that retail water user and the district, municipality, or retail |
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public utility is a participant, the Authority may provide retail |
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water service to that retail water user without consent. |
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Sec. 11F. Except as otherwise provided by this Act, all |
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regulated users located wholly or partly in Montgomery County on |
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the effective date of this section are initially included in the |
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groundwater reduction plan and the Authority has jurisdiction to |
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enforce the rights, powers, privileges, and functions described by |
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this section and Sections 11A, 11B, 11C, 11D, 11E, 11G, 11H, 11I, |
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11J, 11K, 11L, 11M, 11N, 11O, 11P, and 11Q of this Act with respect |
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to those regulated users. |
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Sec. 11G. (a) A regulated user that, on the effective date |
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of this section, is included as a participant in the groundwater |
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reduction plan may file with the Authority a duly authorized and |
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executed petition requesting to be excluded from the groundwater |
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reduction plan. |
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(b) Not later than the 120th day after the later of the dates |
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described by Subdivisions (2)(A) and (B) of this subsection, the |
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Board shall grant a petition filed under Subsection (a) of this |
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section and order the regulated user excluded from the groundwater |
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reduction plan if the petition: |
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(1) includes an accurate legal description of the |
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boundaries of the regulated user's service area or a description or |
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map that sufficiently identifies the area proposed to be excluded; |
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and |
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(2) is filed with the Board not later than the 120th |
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day after the later of: |
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(A) the effective date of this section; or |
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(B) the effective date of any final rule, order, |
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or requirement of the Lone Star Groundwater Conservation District |
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that is adopted and effective on or after the effective date of this |
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Act and that imposes groundwater withdrawal reductions applicable |
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to the regulated user. |
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(c) The Authority may impose but may not enforce the |
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collection of fees, user fees, rates, charges, or special |
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assessments on a regulated user while a petition for exclusion |
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filed by the regulated user is pending with the Authority or after |
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the petition is granted. |
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(d) If a regulated user is excluded from the groundwater |
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reduction plan as provided by this section, the Authority may not |
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include the regulated user in any groundwater reduction plan |
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adopted or implemented by the Authority unless the regulated user |
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is subsequently added to the Authority's groundwater reduction plan |
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as provided by Section 11H of this Act. |
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(e) After the period for filing a petition for exclusion |
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under this section has expired, the Authority may exclude a |
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regulated user from the groundwater reduction plan, at its sole |
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discretion and on terms the Board considers appropriate, if the |
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regulated user files with the Board a duly authorized and executed |
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petition requesting to be excluded. |
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(f) This section does not limit the power of the Authority |
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to exclude a regulated user from the groundwater reduction plan, |
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without the filing of a petition, as provided by Section 11M of this |
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Act. |
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Sec. 11H. (a) A person that becomes a regulated user after |
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the expiration of the period for filing a petition for exclusion |
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under Section 11G of this Act becomes a participant without further |
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action by the Authority or the person. The Authority and the Lone |
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Star Groundwater Conservation District may enter into an agreement |
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to provide information to the Authority reasonably necessary to |
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identify and contact participants described by this section. The |
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Authority by rule may require a participant to provide to the |
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Authority any necessary documents pertaining to the participant's |
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service area and the actual or projected water demands of the |
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service area. |
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(b) A regulated user excluded from the Authority's |
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groundwater reduction plan under Section 11G of this Act may |
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subsequently file with the Board a duly authorized and executed |
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petition requesting the addition of all or part of the regulated |
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user's service area to the groundwater reduction plan. The |
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petition must include an accurate legal description of the |
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boundaries of the regulated user's service area or a description or |
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map that sufficiently identifies the area proposed to be added. The |
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Authority may grant a petition filed under this section in its sole |
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discretion and on terms the Board considers appropriate. |
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(c) The Authority may require a regulated user whose service |
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area is added to the groundwater reduction plan under Subsection |
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(b) to pay to the Authority any fees, user fees, charges, and |
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special assessments, with interest, as determined by the Authority, |
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that the regulated user would have been obligated to pay to the |
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Authority if the regulated user had not been excluded. If the |
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Authority has outstanding or unissued bonds, notes, or other |
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obligations to finance the costs of the Authority's provision of |
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water supply facilities and services under the groundwater |
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reduction plan, the petition is considered to constitute the |
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election and agreement of the petitioner to assume its pro rata |
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share of the principal of and interest on the outstanding or |
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unissued bonds, notes, or other obligations. |
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(d) Subsections (b) and (c) of this section do not apply to |
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an annexation to, or expansion of, a participant's boundaries, |
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extraterritorial jurisdiction, or service area, notwithstanding |
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that the annexation or expansion may include, wholly or partly, |
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territory that is currently located in or was previously located in |
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the boundaries or service area of a regulated user excluded from the |
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groundwater reduction plan under Section 11G of this Act. |
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(e) The Authority by rule may require participants to |
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provide to the Authority written notice of the effective date of an |
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annexation to, or expansion of, the participant's boundaries or |
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service area and copies of any necessary documents, descriptions, |
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maps, and information regarding the projected or actual water |
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demands of the annexed land or expanded boundaries or service area. |
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Except to the extent otherwise provided by rule, order, or written |
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agreement of the Authority, an annexation or expansion described by |
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this subsection with regard to a participant does not affect: |
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(1) the Authority's power and authority inside or |
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outside the expanded boundaries or service area of the participant; |
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(2) the groundwater reduction plan or contracts |
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entered into by the Authority; or |
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(3) the Authority's authority to assess fees, user |
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fees, rates, charges, or special assessments inside or outside the |
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expanded boundaries or service area of the participant. |
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(f) The addition of territory to the groundwater reduction |
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plan under this section does not affect the validity of the |
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Authority's bonds, notes, or other obligations authorized, issued, |
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or incurred before or after the addition. |
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Sec. 11I. (a) The Authority may establish fees, user fees, |
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rates, and charges for a regulated user's participation in and |
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benefit derived from the groundwater reduction plan that are |
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sufficient to: |
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(1) achieve water conservation; |
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(2) prevent waste of water; |
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(3) serve as a disincentive to pumping groundwater; |
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(4) develop, implement, or enforce a groundwater |
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reduction plan; |
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(5) accomplish the purposes described by this section |
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and Sections 11A, 11B, 11C, 11D, 11E, 11F, 11G, 11H, 11J, 11K, 11L, |
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11M, 11N, 11O, 11P, and 11Q of this Act, including making available |
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alternative water supplies; |
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(6) cover the Authority's administrative, operations, |
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and maintenance expenses relating to the groundwater reduction |
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plan; |
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(7) pay the principal of and interest on notes, bonds, |
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and other obligations issued or incurred or to be issued or incurred |
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in connection with the exercise of the Authority's rights, powers, |
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privileges, and functions under the sections of this Act described |
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by Subdivision (5) of this subsection; |
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(8) satisfy all rate covenants relating to the |
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issuance of notes, bonds, and other obligations; and |
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(9) establish, accumulate, maintain, or replenish one |
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or more operating, debt service, contingency, or emergency reserve |
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funds, as considered necessary by the Authority. |
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(b) In addition to the authority provided by Subsection (a) |
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of this section, the Authority may impose rates, fees, user fees, or |
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charges for the importation of water by a participant. |
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(c) The Authority may establish fees, user fees, rates, and |
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charges applicable to any participant and make reasonable |
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classifications of participants for purposes of the fees, rates, |
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and charges as considered necessary by the Authority to implement |
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and enforce the plans, powers, and authority provided by this |
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section and Sections 11A, 11B, 11C, 11D, 11E, 11F, 11G, 11H, 11J, |
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11K, 11L, 11M, 11N, 11O, 11P, and 11Q of this Act. |
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(d) Among other criteria and classifications, the Authority |
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may charge a participant a fee or user fee based on the amount of |
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water withdrawn from the participant's groundwater well. If |
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ownership of a groundwater well changes, the prior and subsequent |
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owners are liable to the Authority as participants, jointly and |
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severally, for all fees and user fees imposed by the Authority under |
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this Act and any related penalties and interest for water withdrawn |
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from the groundwater well before the change in ownership. |
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(e) The Board shall make a reasonable effort to notify each |
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participant by publication or by written notice of the date, time, |
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and location of the meeting at which the Board intends to adopt a |
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proposed rate, fee, user fee, or charge under this section and of |
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the amount of the proposed rate, fee, user fee, or charge. The |
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Board's failure to provide actual notice to each participant does |
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not invalidate a rate, fee, user fee, or charge adopted by the Board |
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under this section. |
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Sec. 11J. (a) The Board shall exempt from any rate, fee, |
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user fee, or charge under Section 11I of this Act persons or classes |
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of groundwater wells that are not subject to any groundwater |
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reduction requirement imposed by the Lone Star Groundwater |
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Conservation District, but if the person or class of groundwater |
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wells subsequently becomes subject to a groundwater reduction |
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requirement imposed by the Lone Star Groundwater Conservation |
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District, the Authority may impose a rate, fee, user fee, or charge |
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on the person or class of groundwater wells at any time after that |
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date. For purposes of this subsection, a person or a groundwater |
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well is subject to a groundwater reduction requirement if the Lone |
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Star Groundwater Conservation District adopts a requirement or rule |
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that withdrawals from the groundwater well, or from the groundwater |
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well and other groundwater wells collectively, be reduced, |
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including a groundwater reduction requirement that does not need to |
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be satisfied until a future date. |
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(b) Notwithstanding Subsection (a) of this section, any |
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person that owns or operates a single groundwater well serving not |
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more than one single-family residential dwelling or unit, or the |
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class of groundwater wells that serves not more than one |
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single-family residential dwelling or unit, is exempt from any |
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rate, fee, user fee, or charge described by Section 11I of this Act. |
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(c) The Board by rule may exempt any other persons or |
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classes of groundwater wells from any rate, fee, user fee, or charge |
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under Section 11I of this Act. |
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Sec. 11K. (a) The Board may undertake improvement projects |
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or services that confer a special benefit on all or a defined area |
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of a service area of one or more participants. |
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(b) After notice and a hearing under Section 11L of this |
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Act, the Board may impose a special assessment on property in a |
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defined area that is in the service area of one or more |
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participants, including property of a local government, to cover |
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the cost of an improvement project or service under Subsection (a) |
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of this section. |
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(c) The Board shall apportion the cost of an improvement |
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project or service to be assessed against the property based on the |
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special benefits that accrue to the property because of the |
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improvement project or service. Among other classifications of |
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benefits received, the Board may assess costs according to the |
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number of gallons of groundwater pumped from groundwater wells |
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located on the property or that serve the property and are subject |
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to a groundwater reduction requirement imposed by the Lone Star |
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Groundwater Conservation District. |
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(d) The Authority may finance with special assessments any |
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improvement project or service authorized by this Act or other law. |
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Sec. 11L. (a) The Board may not impose a special assessment |
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under Section 11K of this Act unless the Board holds a public |
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hearing on the advisability of the proposed assessment and the |
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improvement project or service to be financed by the assessment. |
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(b) The Board shall publish notice of a hearing under this |
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section in a newspaper or newspapers with general circulation in |
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Montgomery County not later than the 30th day before the date of the |
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hearing. |
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(c) Notice under this section must include: |
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(1) the time and place of the hearing; |
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(2) the general nature of the proposed improvement |
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project or service; |
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(3) the estimated cost of the improvement project or |
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service, including projected interest and associated financing |
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costs; and |
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(4) the proposed method of assessment. |
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(d) Not later than the 30th day before the date of the |
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hearing, the Board shall send written notice containing the |
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information required by Subsection (c) of this section by certified |
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mail, return receipt requested, to each participant affected by the |
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proposed assessment. |
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(e) At the conclusion of a hearing conducted by the Board on |
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a proposed improvement project or service, the Board shall make |
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written findings and conclusions relating to: |
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(1) the advisability of the improvement project or |
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service; |
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(2) the nature of the improvement project or service; |
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(3) the estimated costs of the improvement project or |
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service; and |
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(4) the area that will benefit from the improvement |
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project or service. |
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(f) At the conclusion of a hearing conducted by a hearings |
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examiner on a proposed improvement project or service, the hearings |
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examiner shall file with the Board a written report of the |
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examiner's findings and conclusions. The Board may act on the |
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findings and conclusions at any meeting of the Board at which notice |
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of the meeting is given as provided by Chapter 551, Government Code, |
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without the necessity for further notice. |
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(g) On adjournment of a hearing on proposed assessments, or |
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after consideration of a hearings examiner's findings and |
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conclusions on proposed assessments, the Board shall hear and rule |
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on any objections to each proposed assessment. After ruling on any |
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objections to each proposed assessment, the Board by order: |
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(1) shall fix the amount of and impose the assessments |
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as special assessments on any affected property; |
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(2) shall specify the method of payment of the |
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assessments; and |
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(3) may require the assessments, including interest, |
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to be paid in periodic installments or, if prepaid, be subject to |
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prepayment charges. |
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(h) Periodic installment payments of assessments must be in |
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an amount sufficient to meet all costs for the associated |
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improvement projects or services and must continue in effect for |
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the number of years required to fully and timely pay for the |
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services to be rendered or any bonds, notes, or other obligations |
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issued or incurred by the Authority to finance any associated |
|
improvement projects. The Board may impose interest charges or |
|
penalties for failure to make timely payment and may impose a charge |
|
in an amount sufficient to cover delinquencies and expenses of |
|
collection. |
|
(i) A person that becomes a participant after the Authority |
|
has imposed assessments or a participant whose territory or service |
|
area is added to the groundwater reduction plan may: |
|
(1) waive the right to notice and an assessment |
|
hearing; and |
|
(2) agree to the imposition and payment of assessments |
|
at an agreed rate. |
|
(j) The Board shall have prepared an assessment roll showing |
|
the assessments against each property and the Board's basis for the |
|
assessment. The assessment roll shall be: |
|
(1) filed with the secretary of the Board or another |
|
officer who performs similar functions; and |
|
(2) open for public inspection. |
|
(k) After notice and a hearing in the manner required for an |
|
original assessment, the Board may make supplemental assessments to |
|
correct omissions or mistakes or account for changed circumstances |
|
relating to the total costs of the improvement project or service, |
|
or to cover delinquencies or costs of collection. |
|
Sec. 11M. (a) The Board may require the payment of interest |
|
on any late or unpaid fees, user fees, rates, charges, and special |
|
assessments imposed by the Authority, but the interest rate may not |
|
exceed the interest rate described by Section 2251.025, Government |
|
Code. |
|
(b) In addition to requiring the payment of interest under |
|
Subsection (a) of this section for the failure to make a complete or |
|
timely payment to the Authority, the Board may: |
|
(1) impose penalties; and |
|
(2) exclude a participant, or the service area or the |
|
territory or groundwater well owned or controlled by a participant, |
|
from the groundwater reduction plan. |
|
(c) The Authority is entitled to reasonable attorney's fees |
|
incurred by the Authority in enforcing its rules or in collecting |
|
any delinquent fees, user fees, rates, charges, or special |
|
assessments, and any related penalties and interest. |
|
(d) Fees, user fees, rates, charges, and special |
|
assessments imposed by the Authority under Section 11I or 11K of |
|
this Act, any related penalties and interest, and collection |
|
expenses and reasonable attorney's fees incurred by the Authority: |
|
(1) are a first and prior lien against the groundwater |
|
well to which they apply; |
|
(2) are superior to any other lien or claim, other than |
|
a lien or claim for ad valorem taxes imposed by a county, school |
|
district, or municipality; and |
|
(3) are the personal liability of and a charge against |
|
the owner of the affected groundwater well. |
|
(e) A lien under this section is effective from the date of |
|
the resolution or order of the Board imposing the fee, user fee, |
|
rate, charge, or special assessment until payment is received by |
|
the Authority. The Board may enforce the lien in the same manner |
|
that a municipal utility district operating under Chapters 49 and |
|
54, Water Code, may enforce an ad valorem tax lien against real |
|
property. |
|
Sec. 11N. (a) A person who violates a rule or order of the |
|
Authority adopted under Section 11A, 11B, 11C, 11D, 11E, 11F, 11G, |
|
11H, 11I, 11J, 11K, 11L, 11M, 11O, 11P, or 11Q of this Act is subject |
|
to an administrative penalty, payable to the Authority, of not more |
|
than $10,000, as determined by the Board, for each violation or each |
|
day of a continuing violation. |
|
(b) The Authority may bring an action to recover the penalty |
|
in a district court in the county where the violation occurred. |
|
(c) The Authority may bring an action for injunctive relief |
|
in a district court in the county where a violation of a rule or |
|
order of the Authority occurs or is threatened to occur. The court |
|
may grant to the Authority, without requiring a bond or other |
|
undertaking, a prohibitory or mandatory injunction as warranted by |
|
the facts, including a temporary restraining order, temporary |
|
injunction, or permanent injunction. |
|
(d) The Authority may bring an action for an administrative |
|
penalty and injunctive relief in the same proceeding. |
|
Sec. 11O. Immunity from suit, judgment, or liability of any |
|
local government participating in the groundwater reduction plan is |
|
waived to the extent necessary for the Authority to exercise and |
|
enforce against the local government the rights, powers, and |
|
privileges granted in Sections 11A, 11B, 11C, 11D, 11E, 11F, 11G, |
|
11H, 11I, 11J, 11K, 11L, 11M, 11N, 11P, and 11Q of this Act. |
|
Sec. 11P. In addition to any other financial assistance |
|
program for which the Authority may be eligible, the rights, |
|
powers, privileges, and authority conferred under Sections 11A, |
|
11B, 11C, 11D, 11E, 11F, 11G, 11H, 11I, 11J, 11K, 11L, 11M, 11N, |
|
11O, and 11Q of this Act authorize the Authority to receive |
|
financial assistance from the groundwater district loan assistance |
|
fund under Subchapter L, Chapter 36, Water Code. |
|
Sec. 11Q. The Board by rule may establish procedures for |
|
conducting public hearings and may determine whether a hearing will |
|
be conducted by the Board or a hearings examiner. Any public |
|
hearing may be adjourned from time to time to a date, time, and |
|
location specified on adjournment, without the necessity for |
|
further notice. |
|
SECTION 2. (a) Sections 10, 10a, 10b, 10c, and 10d, Chapter |
|
426, Acts of the 45th Legislature, Regular Session, 1937, are |
|
repealed. |
|
(b) The repeal of laws under Subsection (a) of this section |
|
does not affect the validity, enforceability, security, priority of |
|
lien, or other terms of any bonds, notes, or obligations of the San |
|
Jacinto River Authority that were issued or incurred before the |
|
effective date of this Act. |
|
SECTION 3. The legal notice of the intention to introduce |
|
this Act, setting forth the general substance of this Act, has been |
|
published as provided by law, and the notice and a copy of this Act |
|
have been furnished to all persons, agencies, officials, or |
|
entities to which they are required to be furnished under Section |
|
59, Article XVI, Texas Constitution, and Chapter 313, Government |
|
Code. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |