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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the transport of surface water or |
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groundwater more than a specified distance from the water's source; |
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providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.013(a), Water Code, is amended to read |
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as follows: |
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(a) The commission has general jurisdiction over: |
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(1) water and water rights including the issuance of |
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water rights permits, water rights adjudication, cancellation of |
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water rights, [and] enforcement of water rights, and the transport |
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of surface water or groundwater; |
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(2) continuing supervision over districts created |
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under Article III, Sections 52(b)(1) and (2), and Article XVI, |
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Section 59, of the Texas Constitution; |
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(3) the state's water quality program including |
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issuance of permits, enforcement of water quality rules, standards, |
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orders, and permits, and water quality planning; |
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(4) the determination of the feasibility of certain |
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federal projects; |
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(5) the adoption and enforcement of rules and |
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performance of other acts relating to the safe construction, |
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maintenance, and removal of dams; |
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(6) conduct of the state's hazardous spill prevention |
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and control program; |
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(7) the administration of the state's program relating |
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to inactive hazardous substance, pollutant, and contaminant |
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disposal facilities; |
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(8) the administration of a portion of the state's |
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injection well program; |
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(9) the administration of the state's programs |
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involving underground water and water wells and drilled and mined |
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shafts; |
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(10) the state's responsibilities relating to regional |
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waste disposal; |
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(11) the responsibilities assigned to the commission |
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by Chapters 361, 363, 382, and 401, Health and Safety Code; |
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(12) administration of the state's water rate program |
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under Chapter 13 of this code; and |
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(13) any other areas assigned to the commission by |
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this code and other laws of this state. |
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SECTION 2. Section 7.051(b), Water Code, is amended to read |
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as follows: |
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(b) Except as provided by this subsection, this [This] |
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subchapter does not apply to violations of chapter 11, 12, 13, 16, |
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or 36 of this code, or Chapter 341, Health and Safety Code. This |
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subchapter applies to a violation of Section 12.018 of this code. |
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SECTION 3. Subchapter B, Chapter 12, Water Code, is amended |
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by adding Section 12.018 to read as follows: |
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Sec. 12.018. TRANSPORT OF SURFACE WATER OR GROUNDWATER. |
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(a) A person may not transport surface water or groundwater more |
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than 75 miles from the water's source. |
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(b) The commission may assess an administrative penalty as |
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provided by Section 7.051 against a person who violates this |
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section. |
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SECTION 4. (a) The changes in law made by this Act apply |
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only to a violation that occurs on or after the effective date of |
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this Act. For purposes of this section, a violation occurs before |
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the effective date of this Act if any element of the violation |
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occurs before that date. |
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(b) A violation that occurs before the effective date of |
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this Act is governed by the law in effect on the date of the |
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violation, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |