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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of damages resulting from an emergency |
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transfer of water authorized by the Texas Commission on |
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Environmental Quality. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.139, Water Code, is amended by |
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amending Subsection (j) and adding Subsection (j-1) to read as |
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follows: |
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(j) The person granted an emergency authorization under |
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Subsection (h) [of this section] is liable to the owner and the |
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owner's agent or lessee from whom the use is transferred for the |
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fair market value of the water transferred as well as for any |
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damages caused by the transfer of use. If [, within 60 days of the
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termination of the authorization,] the parties do not agree on the |
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amount due, or if full payment is not made, either party may [file a
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complaint with the commission to determine the amount due. The
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commission may use dispute resolution procedures for a complaint
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filed under this subsection. After exhausting all administrative
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remedies under this subsection, an owner from whom the use is
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transferred may] file suit to [recover or] determine the amount due |
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in a district court in the county where the owner from whom the use |
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is transferred resides or has its headquarters. An owner from whom |
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the use is transferred may file suit to recover the amount due in a |
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district court in the county where the owner resides or has its |
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headquarters. The prevailing party in a suit filed under this |
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subsection is entitled to recover court costs and reasonable |
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attorney's fees. |
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(j-1) Subsection (j) applies to an owner from whom the use |
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is transferred under Subsection (h) regardless of whether the |
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owner's water right is subject to interruption or curtailment |
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during a period of drought. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for an emergency authorization or renewal of an |
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emergency authorization that is submitted to the Texas Commission |
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on Environmental Quality on or after the effective date of this Act. |
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An application for an emergency authorization or renewal of an |
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emergency authorization that is submitted to the commission before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |