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A BILL TO BE ENTITLED
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AN ACT
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relating to the rulemaking power of certain groundwater |
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conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.121, Water Code, is amended to read as |
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follows: |
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Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS |
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OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section |
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36.117, a district that is created under this chapter on or after |
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September 1, 1991, shall exempt from regulation under this chapter |
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a well and any water produced or to be produced by a well that is |
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located in a county that has a population of 14,000 or less if the |
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water is to be used solely to supply a municipality that has a |
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population of 121,000 or less and the rights to the water produced |
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from the well are owned by a political subdivision that is not a |
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municipality, or by a municipality that has a population of 115,000 |
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[100,000] or less, and that purchased, owned, or held rights to the |
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water before the date on which the district was created, regardless |
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of the date the well is drilled or the water is produced. The |
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district may not prohibit the political subdivision or municipality |
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from transporting produced water inside or outside the district's |
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boundaries. |
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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, 2011. |