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A BILL TO BE ENTITLED
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AN ACT
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relating to an exemption from permitting requirements of the |
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Edwards Aquifer Authority for certain wells owned by a charitable |
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organization. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.15(b), Chapter 626, Acts of the 73rd |
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Legislature, Regular Session, 1993, is amended to read as follows: |
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(b) Except as provided by Sections 1.17, [and] 1.33, and |
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1.337 of this article, a person may not withdraw water from the |
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aquifer or begin construction of a well or other works designed for |
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the withdrawal of water from the aquifer without obtaining a permit |
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from the authority. |
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SECTION 2. Chapter 626, Acts of the 73rd Legislature, |
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Regular Session, 1993, is amended by adding Section 1.337 to read as |
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follows: |
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Sec. 1.337. EXEMPTION FOR CERTAIN WELLS OWNED BY CHARITABLE |
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ORGANIZATIONS FROM PERMIT REQUIREMENTS. (a) Notwithstanding |
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Section 1.14(e) of this article, an owner of a well is exempt from |
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the requirement to obtain a permit for the well from the authority |
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if the well: |
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(1) is owned by an organization recognized by the |
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Internal Revenue Service as a tax-exempt organization under Section |
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501(c)(3) of the Internal Revenue Code of 1986; |
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(2) was in existence and owned by the charitable |
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organization before January 1, 2008; and |
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(3) produces less than one acre-foot of water per |
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year. |
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(b) A well described by Subsection (a) of this section is |
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not exempt from metering requirements applicable to a nonexempt |
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well under Section 1.31 of this article. |
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(c) An owner of a well described by Subsection (a) of this |
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section shall file with the authority a written report of water use |
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in the manner required by Section 1.32 of this article for a holder |
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of a permit. |
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(d) When a critical period stage is in effect, the authority |
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may require an owner of a well that qualifies for exemption under |
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Subsection (a) of this section to reduce groundwater withdrawals |
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from the well. |
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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. |