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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and funding of the state water plan fund to |
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assist the Texas Water Development Board in the funding of certain |
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projects included in the state water plan; imposing a fee and a |
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surcharge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 13, Water Code, is amended by adding |
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Subchapter O to read as follows: |
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SUBCHAPTER O. WATER USAGE FEE AND SURCHARGE |
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Sec. 13.551. WATER USAGE FEE. (a) Each retail public |
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utility shall collect from each ultimate consumer to whom the |
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utility provides retail water utility service a water usage fee as |
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provided by this subchapter. |
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(b) The rate of the fee is three cents for each 1,000 gallons |
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of water sold to the ultimate consumer for consumption each month. |
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Sec. 13.552. WATER USAGE SURCHARGE. (a) In addition to |
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collecting the fee imposed under this subchapter, each retail |
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public utility shall collect a surcharge from an ultimate consumer |
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to whom the utility provides retail water utility service if: |
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(1) the consumer is a resident of a single-family |
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dwelling or a dwelling unit of a multifamily dwelling; and |
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(2) the utility sells more than 12,000 gallons of |
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water to the consumer for consumption in a month. |
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(b) The rate of the surcharge is $1 for each 1,000 gallons of |
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water sold to the consumer for consumption in that month in excess |
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of 12,000 gallons. |
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Sec. 13.553. EXEMPTION. An entity described by Section |
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151.309 or 151.310, Tax Code, is exempt from the fee or surcharge |
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imposed by this subchapter. |
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Sec. 13.554. PAYMENT OF FEE AND SURCHARGE. (a) On or before |
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the 20th day of the month following the end of each calendar month, |
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each retail public utility that sold water to an ultimate consumer |
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for consumption shall pay to the comptroller the total amount of the |
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fees and surcharges the utility collected under this subchapter for |
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the preceding calendar month. |
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(b) For each month a retail public utility makes timely |
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payment of the fees and surcharges imposed under this subchapter, |
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the utility is entitled to retain an amount equal to one-half of one |
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percent of the total amount of the fees and surcharges collected as |
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reimbursement for the costs of collection. |
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Sec. 13.555. REPORTS. On or before the 20th day of the |
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month following the end of each calendar month, each retail public |
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utility that sold water to an ultimate consumer for consumption |
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shall file with the comptroller a report stating: |
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(1) the number of gallons of water sold to ultimate |
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consumers during the preceding calendar month; |
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(2) the number of gallons of water sold to ultimate |
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consumers during the preceding calendar month on which the fees or |
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surcharges were imposed; and |
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(3) any other information required by the comptroller. |
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Sec. 13.556. RECORDS. A retail public utility that sells |
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water to the ultimate consumer for consumption shall keep a |
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complete record of: |
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(1) the number of gallons of water sold to ultimate |
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consumers during the preceding calendar month; |
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(2) the number of gallons of water sold to ultimate |
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consumers during the preceding calendar month on which the fees or |
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surcharges were imposed; and |
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(3) any other information required by the comptroller. |
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Sec. 13.557. ALLOCATION OF REVENUE. The revenue from the |
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fees and surcharges imposed by this subchapter shall be deposited |
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to the credit of the state water plan fund. |
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SECTION 2. Chapter 15, Water Code, is amended by adding |
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Subchapter G to read as follows: |
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SUBCHAPTER G. STATE WATER PLAN FUND |
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Sec. 15.431. DEFINITION. In this subchapter, "fund" means |
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the state water plan fund. |
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Sec. 15.432. STATE WATER PLAN FUND. (a) The state water |
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plan fund is a special fund in the state treasury outside the |
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general revenue fund to be administered by the board under this |
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subchapter and rules adopted by the board under this subchapter. |
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(b) The fund consists of: |
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(1) money transferred to the fund by law; |
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(2) revenue deposited to the credit of the fund under |
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Section 13.557; |
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(3) any other revenue dedicated to the fund by |
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statute; and |
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(4) interest earned on the balance of the fund. |
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Sec. 15.433. USE OF FUND. The board may use money in the |
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fund only to provide financing for projects included in the state |
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water plan that are authorized under Subchapter Q of this chapter, |
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Subchapter E, Chapter 16, Subchapter K, Chapter 17, or another law |
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administered by the board. |
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Sec. 15.434. TRANSFERS TO OR FROM OTHER FUNDS OR ACCOUNTS. |
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(a) The board may direct the comptroller to transfer amounts from |
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the fund to the credit of: |
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(1) the water infrastructure fund to be used for the |
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purposes provided by Section 15.433 related to projects included in |
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the state water plan that are authorized under Subchapter Q; |
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(2) the Texas Water Development Fund II state |
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participation account to be used for the purposes provided by |
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Section 15.433 related to projects included in the state water plan |
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that are authorized under Subchapter E, Chapter 16; |
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(3) the Texas Water Development Fund II economically |
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distressed areas program account to be used for the purposes |
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provided by Section 15.433 related to projects included in the |
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state water plan that are authorized under Subchapter K, Chapter |
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17; or |
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(4) another fund or account administered by the board |
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to be used for the purposes provided by Section 15.433 related to |
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projects included in the state water plan that are authorized under |
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the law governing that fund or account. |
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(b) If the comptroller transfers an amount from the fund to |
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the credit of another fund or account as provided by this section, |
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the board may direct the comptroller to transfer an amount not to |
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exceed that amount from the other fund or account to the fund if |
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money is available in the other fund or account for that purpose. |
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Sec. 15.435. RULES. The board shall adopt rules providing |
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for the use of money in the fund consistent with this subchapter. |
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SECTION 3. Section 15.973(b), Water Code, is amended to |
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read as follows: |
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(b) The fund consists of: |
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(1) appropriations from the legislature; |
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(2) any other fees or sources of revenue that the |
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legislature may dedicate for deposit to the fund; |
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(3) repayments of loans made from the fund; |
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(4) interest earned on money credited to the fund; |
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(5) depository interest allocable to the fund; |
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(6) money from gifts, grants, or donations to the |
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fund; |
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(7) money from revenue bonds or other sources |
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designated by the board; [and] |
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(8) proceeds from the sale of political subdivision |
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bonds or obligations held in the fund and not otherwise pledged to |
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the discharge, repayment, or redemption of revenue bonds or other |
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bonds, the proceeds of which were placed in the fund; and |
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(9) money transferred from the state water plan fund |
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as authorized by Section 15.434. |
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SECTION 4. Section 17.957(b), Water Code, is amended to |
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read as follows: |
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(b) The state participation account is composed of: |
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(1) money and assets attributable to water financial |
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assistance bonds designated by the board as issued for projects |
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described in Section 16.131; |
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(2) money from the sale, transfer, or lease of a |
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project described in Subdivision (1) that was acquired, |
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constructed, reconstructed, developed, or enlarged with money from |
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the state participation account; |
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(3) payments received under a bond enhancement |
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agreement with respect to water financial assistance bonds |
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designated by the board as issued for projects described in Section |
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16.131; |
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(4) investment income earned on money on deposit in |
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the state participation account; |
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(4-a) money transferred from the state water plan fund |
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as authorized by Section 15.434; and |
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(5) any other funds, regardless of their source, that |
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the board directs be deposited to the credit of the state |
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participation account. |
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SECTION 5. Section 17.958(b), Water Code, is amended to |
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read as follows: |
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(b) The economically distressed areas program account is |
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composed of: |
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(1) money and assets attributable to water financial |
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assistance bonds designated by the board as issued for projects |
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described in Subchapter K; |
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(2) money provided by the federal government, the |
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state, political subdivisions, and private entities for the purpose |
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of paying debt service on water financial assistance bonds issued |
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for purposes provided by Subchapter K; |
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(3) payments received under a bond enhancement |
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agreement with respect to water financial assistance bonds |
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designated by the board as issued for purposes provided by |
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Subchapter K; |
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(4) investment income earned on money on deposit in |
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the economically distressed areas program account; |
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(4-a) money transferred from the state water plan fund |
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as authorized by Section 15.434; and |
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(5) any other funds, regardless of their source, that |
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the board directs be deposited to the credit of the economically |
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distressed areas program account. |
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SECTION 6. Not later than December 1, 2013, the Texas Water |
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Development Board shall adopt rules providing for the use of money |
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in the state water plan fund under Subchapter G, Chapter 15, Water |
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Code, as added by this Act. |
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SECTION 7. This Act takes effect September 1, 2013. |