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AN ACT
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relating to priority groundwater management areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 35.007, Water Code, is |
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amended to read as follows: |
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(a) The executive director and the executive administrator |
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shall meet periodically to identify, based on information gathered |
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by the commission and the Texas Water Development Board, those |
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areas of the state that are experiencing or that are expected to |
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experience, within the immediately following 50-year [25-year] |
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period, critical groundwater problems, including shortages of |
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surface water or groundwater, land subsidence resulting from |
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groundwater withdrawal, and contamination of groundwater supplies. |
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Not later than September 1, 2005, the commission, with assistance |
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and cooperation from the Texas Water Development Board, shall |
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complete the initial designation of priority groundwater |
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management areas across all major and minor aquifers of the state |
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for all areas that meet the criteria for that designation. The |
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studies may be prioritized considering information from the |
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regional planning process, information from the Texas Water |
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Development Board groundwater management areas and from |
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groundwater conservation districts, and any other information |
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available. After the initial designation of priority groundwater |
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management areas, the commission and the Texas Water Development |
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Board shall annually review the need for additional designations as |
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provided by this subsection. |
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SECTION 2. Section 35.008, Water Code, is amended by adding |
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Subsection (j) to read as follows: |
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(j) The commission may adopt rules regarding: |
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(1) the creation of a district over all or part of a |
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priority groundwater management area that was designated as a |
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critical area under Chapter 35, Water Code, as that chapter existed |
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before September 1, 1997, or under other prior law; and |
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(2) the addition of all or part of the land in a |
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priority groundwater management area described by Subdivision (1) |
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to an existing district. |
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SECTION 3. Section 35.012, Water Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) Except as provided by Section 35.013, within [Within] |
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two years, but no sooner than 120 days, from the date on which the |
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commission issues an order under Section 35.008 designating a |
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priority groundwater management area, for those areas that are not |
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within a district, the commission shall[:
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[(1)] create one or more new districts under Section |
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36.0151[;
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[(2)
recommend that the areas, or a portion of the
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areas, be added to an existing district under Section 35.013; or
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[(3)
take any combination of the actions under
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Subdivisions (1) and (2)]. |
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(b-1) For purposes of this section, the commission may |
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consider territory in two separately designated priority |
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groundwater management areas to be in the same designated priority |
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groundwater management area if: |
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(1) the two areas share a common boundary and one or |
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more common aquifers; and |
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(2) the commission determines that a district composed |
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of territory in the two areas will result in more effective or |
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efficient groundwater management than other options available to |
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the commission. |
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SECTION 4. Section 35.013, Water Code, is amended by |
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amending Subsections (b), (c), (e), (f), (g), and (h) and adding |
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Subsections (b-1) and (g-1) to read as follows: |
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(b) The commission shall submit a copy of the order to the |
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board of the district to which it is recommending the priority |
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groundwater management area be added. Not later than the 120th day |
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after the date of receiving the copy, the [The] board shall vote on |
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the addition of the priority groundwater management area to the |
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district and shall advise the commission of the outcome. |
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(b-1) If the district described by Subsection (b) has not |
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approved an ad valorem tax on the date of the commission's order |
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issued under Section 35.008 and the board of the district votes to |
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accept the addition of the priority groundwater management area to |
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the district, the board shall enter an order adding the territory in |
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the district. |
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(c) If the district described by Subsection (b) has approved |
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an ad valorem tax on the date of the commission's order issued under |
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Section 35.008 and the board votes to accept the addition of the |
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priority groundwater management area to the district, the board: |
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(1) shall enter an order adding the territory in the |
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district; |
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(2) may request the Texas AgriLife [Agricultural] |
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Extension Service, the commission, and the Texas Water Development |
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Board, with the cooperation and assistance of the Department of |
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Agriculture and other state agencies, to administer an educational |
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program to inform the residents of the status of the area's water |
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resources, the addition of territory to the district, and |
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[management] options for financing management of the groundwater |
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resources of the [including possible annexation into a] district; |
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(3) [(2)] shall call an election to be held not later |
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than the 270th day after the date of the board's vote under |
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Subsection (b) within the priority groundwater management area, or |
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portion of the priority groundwater management area, as delineated |
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by the commission to determine if the added area will assume a |
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proportional share of the debts or taxes of the district [priority
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groundwater management area will be added to the district]; and |
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(4) [(3)] shall designate election precincts and |
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polling places for the elections in the order calling an election |
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under this subsection. |
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(e) The ballots for the election shall be printed to provide |
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for voting for or against the proposition: "The [inclusion of
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_________________________ (briefly describe priority groundwater
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management area) in the ______________ District.
"If the district
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has outstanding debts or taxes, the proposition shall include the
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following language: "and] assumption by the ______ (briefly |
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describe the territory added under Subsection (c)(1)) [described
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area] of a proportional share of the debts or taxes of the ______ |
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District instead of the assessment of fees in the described area to |
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fund the groundwater management activities of the district." |
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(f) Immediately after the election, the presiding judge of |
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each polling place shall deliver the returns of the election to the |
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board, and the board shall canvass the returns for the election |
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within the priority groundwater management area and declare the |
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results. If a majority of the voters in the priority groundwater |
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management area voting on the proposition vote in favor of the |
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proposition, the board shall declare that the priority groundwater |
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management area assumes a proportional share of the debts or taxes |
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of [is added to] the district. If a majority of the voters in the |
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priority groundwater management area voting on the proposition do |
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not vote in favor of the proposition [against adding the priority
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groundwater management area to the district], the board shall adopt |
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rules to implement Subsection (g-1) [declare that the priority
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groundwater management area is not added to the district]. The |
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board shall file a copy of the election results with the commission. |
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(g) The [If the voters approve adding the priority
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groundwater management area to the district, the] board of the |
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district to which the priority groundwater management area is added |
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shall provide reasonable representation on that board compatible |
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with the district's existing scheme of representation. Not later |
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than the 30th day after the date on which the board declares that |
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the priority groundwater management area is added to the district, |
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the board of the existing district shall appoint a person or persons |
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to represent the area until the next regularly scheduled election |
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or appointment of directors. |
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(g-1) If the voters do not approve the assumption of a |
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proportional share of the debts or taxes of a district under |
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Subsection (e), the board shall assess production fees in the added |
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territory based on the amount of water authorized by permit to be |
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withdrawn from a well or the amount actually withdrawn. A district |
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may use revenue generated for any purpose authorized by Section |
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36.206 or 36.207. Initial production fees may not exceed |
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production fees as set in Section 36.205(c), but may be increased by |
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the board on a majority vote after the first anniversary of the |
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commission order. Production fees may be raised incrementally by |
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40 percent and 10 percent every following year until the maximum |
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production fees equal: |
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(1) $2 per acre-foot, payable annually, for water used |
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for an agricultural purpose; or |
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(2) 30 cents per 1,000 gallons, payable annually, for |
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water used for any non-agricultural purpose. |
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(h) Not later than the first anniversary of the date on |
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which [If] the proposition is defeated, or [if] the board of the |
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existing district votes not to accept the addition of the area to |
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the district, [then] the commission shall, except as provided under |
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Subsection (i): |
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(1) [,] create under Section 36.0151 one or more |
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districts covering the priority groundwater management area; or |
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(2) recommend the area be added to another existing |
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district as provided by this section [not later than the first
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anniversary of the date on which the proposition is defeated or the
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board votes not to accept the area]. |
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SECTION 5. Section 36.0151, Water Code, is amended by |
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amending Subsection (a) and adding Subsections (c), (d), and (e) to |
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read as follows: |
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(a) If the commission is required to create a district under |
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Section 35.012(b), it shall, without an evidentiary hearing, issue |
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an order creating the district and shall provide in its order that |
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temporary directors be appointed under Section 36.0161 [36.016] and |
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that an election be called by the temporary directors to authorize |
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the district to assess taxes and to elect permanent directors. |
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(c) The commission may amend the territory in an order |
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issued under Section 35.008 or this section to adjust for areas |
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that, in the time between when the order was issued under Section |
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35.008 and the order is issued under this section, have: |
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(1) been added to an existing district or created as a |
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separate district; or |
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(2) not been added to an existing district or created |
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as a separate district. |
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(d) In making a modification under Subsection (c), the |
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commission may recommend: |
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(1) creation of a new district in the area; or |
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(2) that the area be added to a different district. |
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(e) Except as provided by Section 35.013(h), a change in the |
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order under Subsection (c) does not affect a deadline under Section |
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35.012 or 35.013. |
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SECTION 6. Subsection (h), Section 36.0171, Water Code, is |
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amended to read as follows: |
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(h) If the majority of the votes cast at the election are |
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against the levy of a maintenance tax, the district shall set |
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production [permit] fees in accordance with Section 35.013(g-1) to |
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pay for the district's regulation of groundwater in the district, |
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including fees based on the amount of water to be withdrawn from a |
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well. |
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SECTION 7. (a) The changes in law made by this Act apply to |
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any territory in a priority groundwater management area that is not |
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included in a groundwater conservation district on the effective |
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date of this Act. |
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(b) Not later than September 1, 2012, the Texas Commission |
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on Environmental Quality shall create a district or add territory |
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to an existing district for any territory for which the commission |
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has issued an order recommending creation of a district or addition |
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of territory to an existing district under Section 35.008, Water |
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Code, before the effective date of this Act, unless the commission |
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determines that the territory is not suitable under Subsection (i), |
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Section 35.013, Water Code. |
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SECTION 8. All governmental acts and proceedings, including |
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the adoption of rules, of the Texas Commission on Environmental |
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Quality relating to the creation of a groundwater conservation |
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district over all or part of a priority groundwater management area |
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that was designated as a critical area under Chapter 35, Water Code, |
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as that chapter existed before September 1, 1997, or under other |
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prior law, are validated in all respects as of the dates on which |
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they occurred. |
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SECTION 9. Subsection (a), Section 35.007, Water Code, as |
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amended by this Act, applies only to a designation of a priority |
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groundwater management area made by the Texas Commission on |
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Environmental Quality on or after the effective date of this Act. A |
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designation made before the effective date of this Act is governed |
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by the law in effect when the designation was made, and that law is |
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continued in effect for that purpose. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this 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. 313 passed the Senate on |
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March 22, 2011, by the following vote: Yeas 30, Nays 0; |
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May 5, 2011, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 17, 2011, House |
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granted request of the Senate; May 28, 2011, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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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. 313 passed the House, with |
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amendments, on April 20, 2011, by the following vote: Yeas 145, |
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Nays 0, one present not voting; May 17, 2011, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 26, 2011, House adopted Conference Committee Report by the |
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following vote: Yeas 141, 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 |