By: Lucio III H.B. No. 1318
 
  Substitute the following for H.B. No. 1318:
 
  By:  Larson C.S.H.B. No. 1318
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulation of production of wells for retail public
  utilities by a groundwater conservation district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 36.116(c), Water Code, is amended to
  read as follows:
         (c)  In regulating a retail public utility's [the
  ]
  production of groundwater based on tract size or acreage, a
  district shall [may] consider the aggregate contiguous acreage
  owned or leased by the retail public utility in the district. A
  district shall also consider the aggregate contiguous acreage owned
  or leased by the retail public utility's customers inside the
  district if the customer dedicates its acreage for this purpose in
  an amount of acreage per customer sufficient to provide service to
  that customer, but not to exceed five acres per customer. The
  district may not include the acreage associated with a customer's
  permitted wells and registered wells with the aggregated acreage
  dedicated to the retail public utility [service needs or service
  area of a retail public utility]. The board shall record in its
  minutes the factors provided by this subsection considered by the
  district. For the purposes of this subsection:
               (1)  "Retail[, "retail] public utility" has [shall
  have] the meaning assigned [provided] by Section 13.002.
               (2)  "Contiguous acreage" includes acreage connected
  through a retail public utility's distribution system.
         SECTION 2.  This Act takes effect September 1, 2017.