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AN ACT
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relating to the calculation and reporting of water usage by |
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municipalities and water utilities for state water planning and |
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other purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (e), Section 16.053, Water Code, is |
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amended to read as follows: |
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(e) Each regional water planning group shall submit to the |
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development board a regional water plan that: |
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(1) is consistent with the guidance principles for the |
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state water plan adopted by the development board under Section |
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16.051(d); |
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(2) provides information based on data provided or |
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approved by the development board in a format consistent with the |
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guidelines provided by the development board under Subsection (d); |
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(3) identifies: |
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(A) each source of water supply in the regional |
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water planning area, including information supplied by the |
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executive administrator on the amount of managed available |
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groundwater in accordance with the guidelines provided by the |
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development board under Subsections (d) and (f); |
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(B) factors specific to each source of water |
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supply to be considered in determining whether to initiate a |
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drought response; |
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(C) actions to be taken as part of the response; |
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and |
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(D) existing major water infrastructure |
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facilities that may be used for interconnections in the event of an |
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emergency shortage of water; |
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(4) has specific provisions for water management |
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strategies to be used during a drought of record; |
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(5) includes but is not limited to consideration of |
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the following: |
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(A) any existing water or drought planning |
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efforts addressing all or a portion of the region; |
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(B) approved groundwater conservation district |
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management plans and other plans submitted under Section 16.054; |
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(C) all potentially feasible water management |
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strategies, including but not limited to improved conservation, |
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reuse, and management of existing water supplies, conjunctive use, |
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acquisition of available existing water supplies, and development |
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of new water supplies; |
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(D) protection of existing water rights in the |
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region; |
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(E) opportunities for and the benefits of |
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developing regional water supply facilities or providing regional |
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management of water supply facilities; |
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(F) appropriate provision for environmental |
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water needs and for the effect of upstream development on the bays, |
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estuaries, and arms of the Gulf of Mexico and the effect of plans on |
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navigation; |
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(G) provisions in Section 11.085(k)(1) if |
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interbasin transfers are contemplated; |
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(H) voluntary transfer of water within the region |
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using, but not limited to, regional water banks, sales, leases, |
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options, subordination agreements, and financing agreements; and |
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(I) emergency transfer of water under Section |
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11.139, including information on the part of each permit, certified |
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filing, or certificate of adjudication for nonmunicipal use in the |
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region that may be transferred without causing unreasonable damage |
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to the property of the nonmunicipal water rights holder; |
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(6) identifies river and stream segments of unique |
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ecological value and sites of unique value for the construction of |
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reservoirs that the regional water planning group recommends for |
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protection under Section 16.051; |
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(7) assesses the impact of the plan on unique river and |
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stream segments identified in Subdivision (6) if the regional water |
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planning group or the legislature determines that a site of unique |
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ecological value exists; [and] |
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(8) describes the impact of proposed water projects on |
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water quality; and |
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(9) includes information on: |
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(A) projected water use and conservation in the |
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regional water planning area; and |
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(B) the implementation of state and regional |
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water plan projects, including water conservation strategies, |
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necessary to meet the state's projected water demands. |
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SECTION 2. Subchapter K, Chapter 16, Water Code, is amended |
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by adding Sections 16.403 and 16.404 to read as follows: |
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Sec. 16.403. WATER USE REPORTING. (a) The legislature |
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finds that: |
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(1) tracking water use over time and evaluating the |
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effects of water conservation programs or strategies are vital |
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components of planning for and managing the state's water resources |
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to estimate and meet future water demand requirements; |
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(2) gallons per capita per day, the common metric used |
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by municipalities and water utilities for water supply planning and |
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the calculation of water use, is not an accurate measure of water |
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use or water conservation because a uniform, consistent methodology |
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for the calculation of gallons per capita per day has not been |
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established; |
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(3) using a single gallons per capita per day metric to |
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compare the water use of municipalities and water utilities does |
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not produce a reliable comparison because water use is dependent on |
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several variables, including differences in the amount of water |
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used for commercial and industrial sector activities, power |
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production, permanent versus temporary service populations, and |
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agricultural sector production; |
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(4) if valid water use comparisons and evaluations of |
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a municipality's or water utility's water conservation programs are |
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to be made over time for statewide resource management and water |
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supply planning and permitting purposes, the methodology used to |
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calculate gallons per capita per day must be uniform for all water |
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suppliers; |
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(5) a municipality's or water utility's industrial and |
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agricultural sector's gallons per capita per day figures are not an |
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accurate measure of actual water use and conservation by entities |
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within those sectors because water use in the industrial and |
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agricultural sectors is not population-dependent and therefore not |
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accurately calculated using a population-based metric; and |
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(6) a sector-based water use metric, adjusted for |
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variables in water use by municipalities and water utilities, is |
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necessary in order to provide an accurate comparison of water use |
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and water conservation among municipalities and water utilities. |
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(b) The board and the commission, in consultation with the |
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Water Conservation Advisory Council, shall develop a uniform, |
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consistent methodology and guidance for calculating water use and |
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conservation to be used by a municipality or water utility in |
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developing water conservation plans and preparing reports required |
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under this code. At a minimum, the methodology and guidance must |
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include: |
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(1) a method of calculating total water use by a |
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municipality or water utility, including water billed and |
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nonrevenue water used, and a method of calculating water use for |
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each sector of water users served by a municipality or water |
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utility; |
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(2) a method of calculating total water use by a |
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municipality or water utility in gallons per capita per day; |
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(3) a method of classifying water users within |
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sectors; |
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(4) a method of calculating water use in the |
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residential sector that includes both single-family and |
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multifamily residences, in gallons per capita per day; |
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(5) a method of calculating water use in the |
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industrial, agricultural, commercial, and institutional sectors |
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that is not dependent on a municipality's population or the number |
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of customers served by a water utility; and |
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(6) guidelines on the use of service populations by a |
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municipality or water utility in developing a per-capita-based |
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method of calculation, including guidance on the use of permanent |
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and temporary populations in making calculations. |
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(c) The board or the commission, as appropriate, shall use |
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the methodology and guidance developed under Subsection (b) in |
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evaluating a water conservation plan, program of water |
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conservation, survey, or other report relating to water |
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conservation submitted to the board or the commission under: |
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(1) Section 11.1271; |
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(2) Section 13.146; |
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(3) Section 15.106; |
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(4) Section 15.607; |
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(5) Section 15.975; |
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(6) Section 15.995; |
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(7) Section 16.012(m); |
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(8) Section 16.402; |
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(9) Section 17.125; |
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(10) Section 17.277; |
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(11) Section 17.857; or |
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(12) Section 17.927. |
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(d) The board, in consultation with the commission and the |
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Water Conservation Advisory Council, shall develop a data |
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collection and reporting program for municipalities and water |
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utilities with more than 3,300 connections. |
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(e) Not later than January 1 of each odd-numbered year, the |
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board shall submit to the legislature a report that includes the |
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most recent data relating to: |
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(1) statewide water usage in the residential, |
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industrial, agricultural, commercial, and institutional sectors; |
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and |
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(2) the data collection and reporting program |
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developed under Subsection (d). |
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Sec. 16.404. RULES AND STANDARDS. The commission and the |
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board, as appropriate, shall adopt rules and standards as necessary |
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to implement this subchapter. At a minimum, the rules adopted under |
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this subchapter must require an entity to report the most detailed |
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level of water use data currently available to the entity. The |
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commission may not adopt a rule that requires an entity to report |
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water use data that is more detailed than the entity's billing |
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system is capable of producing. The rules may require that billing |
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systems purchased after September 1, 2011, be capable of reporting |
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detailed water use data described in this subchapter. |
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SECTION 3. (a) Not later than January 1, 2013, the Texas |
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Water Development Board and the Texas Commission on Environmental |
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Quality, in consultation with the Water Conservation Advisory |
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Council, shall develop the water use and conservation calculation |
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methodology and guidance and the data collection and reporting |
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program required by Subsections (b) and (d), Section 16.403, Water |
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Code, as added by this Act. |
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(b) Not later than January 1, 2015, the Texas Water |
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Development Board shall submit to the legislature the first report |
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required by Subsection (e), Section 16.403, Water Code, as added by |
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this Act. |
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SECTION 4. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 181 passed the Senate on |
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March 23, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 26, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 181 passed the House, with |
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amendments, on May 23, 2011, by the following vote: Yeas 146, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |