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A BILL TO BE ENTITLED
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AN ACT
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relating to the purpose and operation of groundwater conservation |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.0015, Water Code, is amended to read |
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as follows: |
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Sec. 36.0015. PURPOSE. In order to provide for the |
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conservation, preservation, protection, recharging, and prevention |
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of waste of groundwater, and of groundwater reservoirs or their |
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subdivisions, and to control subsidence caused by withdrawal of |
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water from those groundwater reservoirs or their subdivisions, |
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consistent with the objectives of Section 59, Article XVI, Texas |
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Constitution, groundwater conservation districts may be created as |
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provided by this chapter. Groundwater conservation districts |
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created as provided by this chapter are the state's preferred |
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method of groundwater management in order to protect property |
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rights, balance the development and conservation of groundwater to |
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meet the state's needs, and utilize the best available science, |
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through rules developed, adopted, and promulgated by a district in |
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accordance with the provisions of this chapter. |
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SECTION 2. Section 36.066, Water Code, is amended by |
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amending subsection (g) and adding a subsection (h) to read as |
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follows: |
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Sec. 36.066. SUITS. (g) If the district prevails in any |
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suit other than a suit in which it voluntarily intervenes, the |
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district may seek and the court may, in the interests of justice and |
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as provided by subsection (h), [shall] grant, in the same action, |
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recovery for attorney's fees, costs for expert witnesses, and other |
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costs incurred by the district before the court. The amount of the |
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attorney's fees shall be fixed by the court. |
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(h) If the district prevails on some, but not all, of the |
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issues in the suit, the court may award attorney's fees and costs |
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only for those issues on which the district prevails. The district |
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has the burden of segregating its attorney's fees and costs in order |
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for the court to make an award. |
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SECTION 3. Section 36.122, Water Code, subsections (a), |
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(b), (c), (e), and (h), are amended to read as follows: |
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Sec. 36.122. EXPORT [TRANSFER] OF GROUNDWATER OUT OF |
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DISTRICT. (a) If an application for a permit or an amendment to a |
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permit under Section 36.113 proposes the export [transfer] of |
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groundwater outside of a district's boundaries, the district may |
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also consider the provisions of this section in determining whether |
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to grant or deny the permit or permit amendment. |
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(b) A district may promulgate rules requiring a person to |
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obtain a permit or an amendment to a permit under Section 36.113 |
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from the district to export [for the transfer of] groundwater [out
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of the district] to: |
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(1) increase, on or after March 2, 1997, the amount of |
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groundwater to be exported [transferred] under a continuing |
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arrangement in effect before that date; or |
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(2) export [transfer] groundwater [out of the
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district] on or after March 2, 1997, under a new arrangement. |
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(c) Except as provided in Section 36.113(e), the district |
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may not impose more restrictive permit conditions on exporters |
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[transporters] than the district imposes on existing in-district |
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users. The district may not deny a permit based on the fact that the |
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applicant seeks to export groundwater. A district may not prohibit |
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the export of groundwater. |
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(e) The district may impose an export [a reasonable] fee or |
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surcharge [for an export fee] using one of the following methods: |
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(1) a fee negotiated between the district and the |
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exporter [transporter]; |
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(2) a rate not to exceed the equivalent of the |
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district's tax rate per hundred dollars of valuation for each |
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thousand gallons of water exported from [transferred out of] the |
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district or 2.5 cents per thousand gallons of water, if the district |
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assesses a tax rate of less than 2.5 cents per hundred dollars of |
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valuation; or |
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(3) for a fee-based district, a 50 percent export |
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surcharge, in addition to the district's production fee, for water |
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exported from [transferred out of] the district. |
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(h) In addition to conditions provided by Section 36.1131, |
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the permit shall specify: |
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(1) the amount of water that may be exported from |
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[transferred out of] the district; and |
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(2) the period for which the water may be exported |
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[transferred]. |
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(p) Subsection (e) does not apply to a district that is |
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collecting an export fee or surcharge on March 1, 2001. |
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SECTION 4. Subsections (f), (g), (k), (l), (m), (n), (o), |
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and (q), Section 36.122, Water Code, are repealed. |
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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, 2015. |