H.B. No. 2615
 
 
 
 
AN ACT
  relating to the use of state water; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.031, Water Code, is amended by
  amending Subsections (b) and (d) and adding Subsections (b-1) and
  (g) to read as follows:
         (b)  A person who fails to file an annual report with the
  commission as required by Subsection (a) or fails to timely comply
  with a request by the commission to make information available
  under Subsection (d) [this section] is liable for [to] a penalty [of
  $25, plus $1 per day] for each day the person fails to file the
  statement or comply with the request after the applicable deadline
  in an amount not to exceed:
               (1)  $100 per day if the person is the holder of a water
  right authorizing the appropriation of 5,000 acre-feet or less per
  year; or
               (2)  $500 per day if the person is the holder of a water
  right authorizing the appropriation of more than 5,000 acre-feet
  per year [he fails to file the statement after March 1. However,
  the maximum penalty under this section is $150].
         (b-1)  The state may sue to recover a [the] penalty under
  Subsection (b).
         (d)  Each person who has a water right issued by the
  commission or who impounds, diverts, or otherwise uses state water
  shall maintain water use information required under Subsection (a)
  on a monthly basis during the months a water rights holder uses
  permitted water.  The person shall make the information available
  to the commission on the commission's request. The executive
  director shall establish a reasonable deadline by which a person
  must make available information requested by the commission under
  this subsection.
         (g)  The commission shall establish a process by which a
  report required under Subsection (a) may be submitted
  electronically through the Internet.
         SECTION 2.  Section 11.173(b), Water Code, is amended to
  read as follows:
         (b)  A permit, certified filing, or certificate of
  adjudication or a portion of a permit, certified filing, or
  certificate of adjudication is exempt from cancellation under
  Subsection (a):
               (1)  to the extent of the owner's participation in the
  Conservation Reserve Program authorized by the Food Security Act,
  Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514
  (1985)  or a similar governmental program;
               (2)  if a significant portion of the water authorized
  to be used pursuant to a permit, certified filing, or certificate of
  adjudication has been used in accordance with a specific
  recommendation for meeting a water need included in the regional
  water plan approved pursuant to Section 16.053;
               (3)  if the permit, certified filing, or certificate of
  adjudication:
                     (A)  was obtained to meet demonstrated long-term
  public water supply or electric generation needs as evidenced by a
  water management plan developed by the holder; and
                     (B)  is consistent with projections of future
  water needs contained in the state water plan;
               (4)  if the permit, certified filing, or certificate of
  adjudication was obtained as the result of the construction of a
  reservoir funded, in whole or in part, by the holder of the permit,
  certified filing, or certificate of adjudication as part of the
  holder's long-term water planning; or
               (5)  to the extent the nonuse resulted from:
                     (A)  the implementation of water conservation
  measures under a water conservation plan submitted by the holder of
  the permit, certified filing, or certificate of adjudication as
  evidenced by implementation reports submitted by the holder;
                     (B)  a suspension, adjustment, or other
  restriction on the use of the water authorized to be appropriated
  under the permit, certified filing, or certificate of adjudication
  imposed under an order issued by the executive director; or
                     (C)  an inability to appropriate the water
  authorized to be appropriated under the permit, certified filing,
  or certificate of adjudication due to drought conditions.
         SECTION 3.  Section 11.031, Water Code, as amended by this
  Act, applies only to a report due or a request for information made
  on or after the effective date of this Act. A report due or request
  made before that date is governed by the law in effect on the date
  the report is due or the request is made, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2615 was passed by the House on May 4,
  2013, by the following vote:  Yeas 94, Nays 32, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2615 on May 24, 2013, by the following vote:  Yeas 114, Nays 29,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2615 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 29, Nays
  2.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor