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A BILL TO BE ENTITLED
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AN ACT
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relating to a study of the availability and sustainability of |
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groundwater in the Hays Trinity Groundwater Conservation District; |
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providing funds for the study. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Part 3, Article 3, Chapter 966, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by adding Section |
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3.03121 to read as follows: |
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Sec. 3.03121. STUDY OF GROUNDWATER AVAILABILITY AND |
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SUSTAINABILITY. (a) In this section "groundwater supplier" means a |
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water supply corporation or special district that: |
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(1) owns and operates a water well located in the Hays |
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Trinity Groundwater Conservation District that produces more than |
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25,000 gallons of groundwater a day; and |
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(2) uses groundwater from the well to provide water to |
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the supplier's customers. |
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(b) The district shall conduct a study to determine the |
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quantity of groundwater available for use in the district and the |
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sustainability of the groundwater supply. |
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(c) Notwithstanding Section 3.0312(c) of this part, to |
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finance the study under this section, the district may charge a |
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groundwater conservation and management fee of $2 to be collected |
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monthly by each groundwater supplier from each of the supplier's |
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customers as provided by Subsection (d) of this section. |
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(d) If the district imposes the groundwater conservation |
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and management fee, a groundwater supplier shall include the fee as |
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an itemized charge on each customer's monthly billing statement |
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beginning with the billing statement for January 2010. |
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(e) The groundwater supplier shall remit the fees collected |
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under Subsection (d) of this section to the district. Fees |
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collected by the district under this section may be used by the |
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district only to finance the study of groundwater availability and |
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sustainability and not for any other purpose. |
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(f) The district shall annually provide a report to the |
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Commissioners Court of Hays County showing the total amount of |
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groundwater conservation and management fees collected by the |
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district from each groundwater supplier and how the money was used. |
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(g) If the district collects more than $100,000 in fees |
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under this section in a year, the district shall return the excess |
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amount to the groundwater suppliers in proportion to the amount of |
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the fees collected from each supplier. Each groundwater supplier |
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shall rebate the returned fees to the supplier's customers. |
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(h) The district may not collect the groundwater |
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conservation and management fee for more than two years. |
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(i) This section expires April 1, 2012. |
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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. |