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A BILL TO BE ENTITLED
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AN ACT
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relating to the management of groundwater resources in the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 35.009, Water Code, is |
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amended to read as follows: |
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(c) The commission shall also give written notice of the |
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date, time, place, and purpose of the hearing to each state senator |
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and state representative who represents any part of the area |
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proposed for designation as a priority groundwater management area |
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and the governing body of each county, regional water planning |
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group, adjacent groundwater district, municipality, river |
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authority, water district, or other entity which supplies public |
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drinking water, including each holder of a certificate of |
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convenience and necessity issued by the commission, and of each |
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irrigation district, located either in whole or in part in the |
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priority groundwater management area or proposed priority |
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groundwater management area. The notice must be given before the |
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30th day preceding the date set for the hearing. |
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SECTION 2. Section 36.051, Water Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) Vacancies in the office of director shall be filled by |
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appointment of the board. If the vacant office is not scheduled for |
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election for longer than two years at the time of the appointment, |
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the board shall order an election for the unexpired term to be held |
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as part of the next regularly scheduled director's election. The |
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appointed director's term shall end on qualification of the |
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director elected at that election. Vacancies in the office of |
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director are subject to Subchapter B, Chapter 201, Election Code. |
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(e) The resignation of a director or a director-elect's |
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declination is subject to Subchapter A, Chapter 201, Election Code. |
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SECTION 3. Section 36.058, Water Code, is amended to read as |
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follows: |
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Sec. 36.058. CONFLICTS OF INTEREST. A director of a |
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district is subject to the provisions of Chapters [Chapter] 171 and |
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176, Local Government Code, relating to the regulation of conflicts |
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of officers of local governments. |
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SECTION 4. Section 36.111, Water Code, is amended by adding |
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Subsection (c) to read as follows: |
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(c) A district by rule may establish that the records and |
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reports required by the Texas Department of Licensing and |
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Regulation under its rules or Chapter 1901, Occupations Code, |
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satisfy the requirements of this section. |
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SECTION 5. Section 36.112, Water Code, is amended to read as |
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follows: |
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Sec. 36.112. DRILLERS' LOGS. A district shall require that |
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accurate drillers' logs be kept of water wells and that copies of |
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drillers' logs and electric logs be filed with the district. A |
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district by rule may establish that the drillers' logs required by |
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the Texas Department of Licensing and Regulation under its rules or |
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Chapter 1901, Occupations Code, satisfy the requirements of this |
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section. |
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SECTION 6. Subsection (b), Section 36.117, Water Code, is |
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amended to read as follows: |
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(b) A district may not require any permit issued by the |
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district for: |
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(1) a well used solely for domestic use or for |
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providing water for livestock or poultry on a tract of land larger |
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than 10 acres that is either drilled, completed, or equipped so that |
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it is incapable of producing more than 25,000 gallons of |
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groundwater a day; |
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(2) the drilling of a water well used solely to supply |
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water for a rig that is actively engaged in drilling or exploration |
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operations for an oil or gas well permitted by the Railroad |
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Commission of Texas provided that the person holding the permit is |
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responsible for drilling and operating the water well and the well |
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is located on the same lease or field associated with the drilling |
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rig; [or] |
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(3) the drilling of a water well authorized under a |
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permit issued by the Railroad Commission of Texas under Chapter |
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134, Natural Resources Code, or for production from such a well to |
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the extent the withdrawals are required for mining activities |
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regardless of any subsequent use of the water; or |
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(4) a monitoring well, as defined by Section 1901.001, |
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Occupations Code. |
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SECTION 7. Subsection (a), Section 36.157, Water Code, is |
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amended to read as follows: |
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(a) A district may pay all costs and expenses necessarily |
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incurred in the creation and organization of a district, including |
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legal fees and other incidental expenses, and may reimburse any |
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person or governmental entity, including a county, for money |
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advanced for these purposes. |
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SECTION 8. This Act takes effect September 1, 2009. |
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