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A BILL TO BE ENTITLED
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AN ACT
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relating to powers of the West Harris County Regional Water |
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Authority relating to certain wells. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4.03, Chapter 414, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by amending |
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Subsection (d) and adding Subsections (d-1) and (d-2) to read as |
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follows: |
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(d) For wells located in Harris County or Fort Bend County, |
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the board shall exempt from the charge under Subsection (b) the |
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classes of wells that are not subject to any groundwater reduction |
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requirement imposed by the Harris-Galveston Coastal Subsidence |
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District or the Fort Bend Subsidence District, as appropriate. If |
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any of those classes of wells become subject to a groundwater |
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reduction requirement imposed by the Harris-Galveston Coastal |
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Subsidence District or the Fort Bend Subsidence District, as |
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appropriate, the authority may impose the charge under Subsection |
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(b) on those wells. For purposes of this subsection, a well is |
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subject to a groundwater reduction requirement if the |
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Harris-Galveston Coastal Subsidence District or Fort Bend |
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Subsidence District, as appropriate, has adopted or adopts a |
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requirement or regulation that the well reduce groundwater |
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withdrawals or that the well join with other wells to collectively |
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reduce groundwater withdrawals, including a groundwater reduction |
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that is not required until a future date. |
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(d-1) Notwithstanding Subsection (d), the authority may |
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impose a charge under Subsection (b) on a well or class of wells |
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located in Harris County or Fort Bend County that, on or after |
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February 1, 2013: |
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(1) ceases to be subject to a groundwater reduction |
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requirement imposed by the Harris-Galveston Subsidence District or |
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the Fort Bend Subsidence District, as applicable; or |
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(2) is no longer subject to the regulatory provisions, |
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permitting requirements, or jurisdiction of the Harris-Galveston |
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Subsidence District or the Fort Bend Subsidence District, as |
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applicable. |
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(d-2) The board by rule may exempt any other classes of |
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wells from the charge under Subsection (b). The board may not apply |
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the charge under Subsection (b) to a well: |
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(1) with a casing diameter of less than five inches |
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that solely serves a single-family dwelling; or |
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(2) regulated under Chapter 27, Water Code. |
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SECTION 2. The West Harris County Regional Water Authority |
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retains all rights, powers, privileges, authorities, duties, and |
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functions that it had before the effective date of this Act. |
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SECTION 3. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the West Harris County |
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Regional Water Authority that were taken before the effective date |
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of this Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 4. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |