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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a groundwater conservation district to |
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assess production fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.205, Water Code, is amended to read as |
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follows: |
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Sec. 36.205. AUTHORITY TO SET FEES. (a) A district may set |
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fees for administrative acts of the district, such as filing |
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applications. Fees set by a district may not unreasonably exceed |
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the cost to the district of performing the administrative function |
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for which the fee is charged. |
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(b) A district shall set and collect fees for all services |
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provided outside the boundaries of the district. The fees may not |
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unreasonably exceed the cost to the district of providing the |
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services outside the district. |
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(c) A district may assess production fees based on the |
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amount of water authorized by permit to be withdrawn from a well or |
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the amount actually withdrawn. A district may assess the fees in |
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lieu of, or in conjunction with, any taxes otherwise levied by the |
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district. A district may use revenues generated by the fees for any |
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lawful purpose. Production fees shall not exceed: |
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(1) $1 per acre-foot payable annually for water used |
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for agricultural use; or |
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(2) 30 cents [$10] per 1,000 gallons [acre-foot] |
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payable annually for water used for any other purpose. |
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(d) [The Lone Star Groundwater Conservation District and
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the Guadalupe County Groundwater Conservation District may not
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charge production fees for an annual period greater than $1 per
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acre-foot for water used for agricultural use or 17 cents per
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thousand gallons for water used for any other purpose. This
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subsection shall take precedence over all prior enactments.
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[(e)] Subsection (c) does not apply to the following |
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districts: |
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(1) the Edwards Aquifer Authority; |
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(2) the Fort Bend Subsidence District; |
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(3) the Harris-Galveston Coastal Subsidence District; |
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(4) the Barton Springs Edwards Aquifer Conservation |
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District; or |
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(5) any district that collects a property tax and that |
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was created before September 1, 1999, unless otherwise authorized |
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by special law. |
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(e) [(f)] A district[, including a district described under
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Subsection (d),] may assess a production fee under Subsection (c) |
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for any water produced under an exemption under Section 36.117 if |
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that water is subsequently sold to another person. |
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(f) [(g)] A district may assess a transportation fee under |
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Section 36.122. |
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SECTION 2. 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. |