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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Prairielands Groundwater |
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Conservation District; providing authority to issue bonds; |
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granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8855 to read as follows: |
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CHAPTER 8855. PRAIRIELANDS GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8855.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Prairielands Groundwater |
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Conservation District. |
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Sec. 8855.002. NATURE OF DISTRICT; FINDINGS. (a) The |
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district is a groundwater conservation district initially composed |
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of Ellis, Hill, Johnson, and Somervell Counties created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) All of the land and other property included within the |
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boundaries of the district will be benefited by the works and |
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projects that are to be accomplished by the district under powers |
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conferred by this chapter and by Chapter 36, Water Code. |
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(d) Any fees imposed by the district under this chapter are |
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necessary to pay for the costs of accomplishing the purposes of the |
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district, including the conservation and management of groundwater |
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resources, as provided by this chapter and Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8855.003. DISTRICT TERRITORY. The initial boundaries |
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of the district are coextensive with the boundaries of Ellis, Hill, |
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Johnson, and Somervell Counties. |
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Sec. 8855.004. APPLICABILITY OF OTHER GROUNDWATER |
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CONSERVATION DISTRICT LAW. Except as otherwise provided by this |
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chapter, Chapter 36, Water Code, applies to the district. |
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Sec. 8855.005. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed to achieve the purposes expressed by this |
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chapter and Chapter 36, Water Code. A power granted by this chapter |
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or Chapter 36, Water Code, shall be broadly interpreted to achieve |
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that intent and those purposes. |
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[Sections 8855.006-8855.020 reserved for expansion] |
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SUBCHAPTER B. INITIAL ORGANIZATION |
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Sec. 8855.021. APPOINTMENT OF INITIAL DIRECTORS. (a) The |
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district is governed by a board of eight initial directors |
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appointed as provided by Section 8855.051(a). |
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(b) Initial directors shall be appointed not later than the |
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90th day after the effective date of the Act enacting this chapter. |
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If after the 90th day fewer than eight initial directors have been |
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appointed, each unfilled initial director position shall be |
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considered a vacancy and filled by the remaining initial directors. |
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(c) Except as provided under Subsection (b) for failure to |
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appoint an initial director, if a vacancy occurs on the board in a |
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position for which an initial director has previously been |
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appointed, the appointing county commissioners court for the vacant |
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position shall appoint a person to fill the vacancy in a manner that |
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meets the representational requirements of Section 8855.051. |
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(d) To be eligible to serve as an initial director, a person |
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must be a registered voter in the appointing county. |
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(e) Each initial director must qualify to serve as a |
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director under Section 36.055, Water Code. |
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Sec. 8855.022. ORGANIZATIONAL MEETING OF INITIAL |
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DIRECTORS. As soon as practicable after all the initial directors |
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have qualified under Section 36.055, Water Code, a majority of the |
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initial directors shall convene the organizational meeting of the |
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district at a location in the district agreeable to a majority of |
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the directors. If an agreement on location cannot be reached, the |
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organizational meeting shall be held at a suitable location on the |
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Hill College campus in Cleburne, Johnson County, Texas. |
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Sec. 8855.023. INITIAL TERMS. (a) The two initial |
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directors appointed from each county shall draw lots to determine |
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which director serves an initial term expiring August 31, 2011, and |
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which director serves an initial term expiring August 31, 2013. |
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(b) Each successor director shall be appointed and shall |
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serve in accordance with Subchapter C. |
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[Sections 8855.024-8855.050 reserved for expansion] |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 8855.051. GOVERNING BODY; TERMS. (a) Except as |
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provided by Subchapter D, the district is governed by a board of |
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eight directors appointed as follows: |
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(1) two directors appointed by the Ellis County |
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Commissioners Court; |
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(2) two directors appointed by the Hill County |
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Commissioners Court; |
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(3) two directors appointed by the Johnson County |
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Commissioners Court; and |
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(4) two directors appointed by the Somervell County |
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Commissioners Court. |
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(b) Directors serve staggered four-year terms, with the |
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term of one director from each of the four counties expiring on |
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August 31 of each odd-numbered year. |
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(c) A director may serve multiple consecutive terms. |
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Sec. 8855.052. DIRECTOR ELIGIBILITY; QUALIFICATION. |
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(a) To be eligible to serve as a director, a person must be a |
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registered voter in the appointing county. |
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(b) Each director must qualify to serve under Section |
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36.055, Water Code. |
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Sec. 8855.053. VACANCIES. If a vacancy occurs on the board, |
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the appointing county commissioners court for the vacant position |
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shall appoint a person to fill the vacancy. Section 36.051(c), |
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Water Code, does not apply to the district. |
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Sec. 8855.054. COMPENSATION; REIMBURSEMENT. |
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(a) Notwithstanding Sections 36.060(a) and (d), Water Code, a |
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director may not receive compensation for performing the duties of |
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director. |
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(b) A director is entitled to reimbursement of actual |
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expenses reasonably and necessarily incurred while engaging in |
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activities on behalf of the district. |
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[Sections 8855.055-8855.070 reserved for expansion] |
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SUBCHAPTER D. DISTRICT EXPANSION |
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Sec. 8855.071. EXPANSION OF DISTRICT BOUNDARIES. |
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(a) After the effective date of the Act enacting this chapter, the |
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district territory described in Section 8855.003 shall be expanded |
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to include all of the territory in Navarro County, and the governing |
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board described by Section 8855.051(a) shall be expanded to 10 |
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members and include two directors appointed by the Navarro County |
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Commissioners Court, if: |
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(1) pursuant to Chapter 35, Water Code, the Texas |
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Commission on Environmental Quality designates all or any portion |
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of the territory in Navarro County as a priority groundwater |
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management area; and |
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(2) following the designation described by |
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Subdivision (1), the commissioners court of Navarro County: |
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(A) adopts a resolution that states, "By this |
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action of the Navarro County Commissioners Court, all of the |
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territory in Navarro County, Texas, shall, as of the date of this |
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resolution, be included in the boundaries of the Prairielands |
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Groundwater Conservation District"; and |
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(B) appoints two directors who are registered to |
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vote in Navarro County to the board. |
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(b) A person appointed under this section must qualify to |
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serve under Section 36.055, Water Code. |
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(c) At the first regular meeting of the board following the |
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qualification of both directors, the two directors appointed under |
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this section shall draw lots to determine which director serves a |
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term expiring August 31 of the first odd-numbered year after the |
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directors' appointment, and which director serves a term expiring |
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August 31 of the next odd-numbered year. |
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(d) A director appointed under this section shall otherwise |
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serve in accordance with Subchapter C. |
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[Sections 8855.072-8855.100 reserved for expansion] |
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SUBCHAPTER E. POWERS AND DUTIES |
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Sec. 8855.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
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AND DUTIES. Except as provided by this chapter, the district has |
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the powers and duties provided by the general law of this state |
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applicable to groundwater conservation districts created under |
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Section 59, Article XVI, Texas Constitution, including Chapter 36, |
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Water Code. |
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Sec. 8855.102. CONTRACTS. The district may enter into a |
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contract with any person, public or private, for any purpose |
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authorized by law. |
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Sec. 8855.103. APPLICABILITY OF DISTRICT REGULATIONS. |
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Groundwater regulation under this chapter applies to all persons |
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except as exempted from permitting under Section 36.117, Water |
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Code, or this chapter. |
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Sec. 8855.104. WELL SPACING RULES; EXEMPTIONS. (a) Except |
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as provided by Subsection (b), the district shall exempt from the |
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well spacing requirements adopted by the district any well that is |
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completed on or before the effective date of those requirements. |
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(b) The district may provide by rule that a well may lose its |
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exemption under this section if the well is modified in a manner |
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that substantially increases the capacity of the well after the |
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effective date of the well spacing requirements adopted by the |
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district. |
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(c) Except as provided by this section and notwithstanding |
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Section 8855.103, the district may require a well or class of wells |
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exempt from permitting under Chapter 36, Water Code, to comply with |
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the well spacing requirements adopted by the district. The |
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district shall apply well spacing requirements uniformly to any |
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well or class of wells based on the size or capacity of the well and |
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without regard to the type of use of the groundwater produced by the |
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well. |
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Sec. 8855.105. REGISTRATION AND REPORTING REQUIREMENTS FOR |
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CERTAIN EXEMPT WELLS. The district may adopt rules that require the |
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owner or operator of a well or class of wells exempt from permitting |
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under Section 36.117, Water Code, to register the well with the |
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district and, except for a well exempt from permitting under |
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Section 36.117(b)(1), to report groundwater withdrawals from the |
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well using reasonable and appropriate reporting methods and |
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frequency. |
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Sec. 8855.106. ENFORCEMENT. (a) The district may enforce |
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this chapter against any person in the manner provided by Chapter |
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36, Water Code. In lieu of a remedy available to the district under |
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Section 36.102, Water Code, or in addition to those remedies, the |
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district may impose a fee in addition to a fee assessed under |
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Section 8855.152 on a person producing groundwater in violation of |
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a district order or rule, including the failure or refusal to comply |
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with any district order or rule relating to reducing or ceasing |
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groundwater use. The purpose of a fee authorized by this subsection |
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is to serve as a disincentive to producing groundwater except as |
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authorized by the district. |
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(b) A fee imposed under Subsection (a) may not exceed an |
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amount equal to 10 times the amount of a fee assessed under Section |
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8855.152. |
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[Sections 8855.107-8855.150 reserved for expansion] |
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SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS |
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Sec. 8855.151. TAXES PROHIBITED. The district may not |
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impose a tax. Sections 36.020(a) and 36.201-36.204, Water Code, do |
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not apply to the district. |
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Sec. 8855.152. DISTRICT REVENUES. (a) The district by |
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rule, resolution, or order may establish, amend, pledge, encumber, |
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spend the proceeds from, and assess to any person production fees, |
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based on the amount of groundwater authorized by permit to be |
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withdrawn from a well or on the amount of water actually withdrawn, |
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to enable the district to fulfill its purposes and regulatory |
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functions as provided by this chapter. The district may use revenue |
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generated by fees it assesses for any lawful purpose. |
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(b) Notwithstanding any provision of general law to the |
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contrary, a fee authorized by Subsection (a) may not exceed: |
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(1) $1 per acre-foot annually for groundwater used for |
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agricultural purposes; or |
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(2) 30 cents per thousand gallons annually for |
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groundwater used for nonagricultural purposes. |
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(c) Notwithstanding any provision of general law or this |
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chapter to the contrary, if any, the district may assess a |
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production fee under this section for groundwater produced from a |
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well or class of wells exempt from permitting under Section 36.117, |
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Water Code, except for a well exempt from permitting under Section |
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36.117(b)(1). A production fee assessed by the district under this |
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subsection must be based on the amount of groundwater actually |
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withdrawn from the well and may not exceed the amount established by |
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the district for permitted uses under Subsection (b)(2) of this |
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section. |
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(d) Notwithstanding Section 36.1071(f), Water Code, the |
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district by rule, resolution, or order before the adoption of its |
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management plan may: |
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(1) establish, assess, and enforce the collection of |
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production fees under this section; and |
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(2) establish and enforce metering and reporting |
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requirements, except for a well exempt from permitting under |
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Section 36.117(b)(1), Water Code. |
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(e) The district by rule may establish a temporary or |
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permanent discounted fee rate for persons who prepay production |
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fees to the district under this section on or before the dates |
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established by district rule. |
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SECTION 2. (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 has submitted the notice and Act to the |
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Texas Commission on 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, |
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lieutenant governor, and speaker of the house of representatives |
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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 3. This Act takes effect September 1, 2009. |
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* * * * * |