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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting and information availability requirements |
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for persons impounding, diverting, or otherwise using state water; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 11.031(b) and (d), Water Code, are |
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amended to read as follows: |
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(b) A person who fails to file an annual report with the |
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commission as required by Subsection (a) or fails to timely comply |
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with a request by the commission to make information available |
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under Subsection (d) [this section] is liable for [to] a penalty in |
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an amount not to exceed $5,000 [of $25, plus $1] per day for each day |
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the person fails to file the statement or comply with the request |
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after the applicable deadline [he fails to file the statement after
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March 1. However, the maximum penalty under this section is $150]. |
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The state may sue to recover the penalty. |
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(d) Each person who has a water right issued by the |
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commission or who impounds, diverts, or otherwise uses state water |
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shall maintain water use information required under Subsection (a) |
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on a monthly basis during the months a water rights holder uses |
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permitted water. The person shall make the information available |
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to the commission on the commission's request. The executive |
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director shall establish a reasonable deadline by which a person |
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must make available information requested by the commission under |
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this subsection. |
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SECTION 2. Section 11.031, Water Code, as amended by this |
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Act, applies only to a report due or a request for information made |
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on or after the effective date of this Act. A report due or request |
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made before that date is governed by the law in effect on the date |
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the report is due or the request is made, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |