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A BILL TO BE ENTITLED
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AN ACT
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relating to the Hays Trinity Groundwater Conservation District; |
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authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 8843.104 and 8843.153, Special District |
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Local Laws Code, are amended to read as follows: |
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Sec. 8843.104. PERMIT REQUIRED; EXEMPT USE [WELLS]. (a) |
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The district may not require a permit to drill or operate |
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[Groundwater withdrawals from the following wells may not be
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regulated, permitted, or metered by the district]: |
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(1) a well used for domestic use by a single-family |
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[single private] residential household and incapable of producing |
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more than 25,000 gallons per day; and |
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(2) a well used for agricultural use [conventional
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farming and ranching activities, including such intensive
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operations as aquaculture, livestock feedlots, or poultry
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operations]. |
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(b) The district may not require a meter on [charge or
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collect a well construction fee for] a well described by Subsection |
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(a) [(a)(2)]. |
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(c) [(b-1)] A well owner must obtain a permit and pay any |
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required fees, including a well construction fee, before using any |
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groundwater withdrawn from a well in the district for purposes |
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other than those exempted by this chapter or Chapter 36, Water Code |
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[section]. |
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[(c)
A well used for dewatering and monitoring in the
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production of coal or lignite is exempt from permit requirements,
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regulations, and fees imposed by the district.] |
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(d) The district may not enter property to inspect a [an
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exempt] well described by Subsection (a) without the property |
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owner's permission. |
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Sec. 8843.153. TAXES [AND OTHER FEES] PROHIBITED. |
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Notwithstanding Section 8843.101 or Subchapter G, Chapter 36, Water |
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Code, the district may not[:
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[(1)] impose a tax[; or
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[(2)
assess or collect any fees except as authorized
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by Section 8843.151 or 8843.152]. |
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SECTION 2. Subchapter D, Chapter 8843, Special District |
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Local Laws Code, is amended by adding Section 8843.155 to read as |
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follows: |
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Sec. 8843.155. FEES. (a) The district may assess |
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production fees as authorized by Section 36.205, Water Code. |
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(b) The district may not charge for an annual period a |
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production fee greater than: |
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(1) $1 per acre-foot for water used for agricultural |
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use; or |
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(2) 25 cents per 1,000 gallons for water used for any |
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other purpose. |
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SECTION 3. The following sections of the Special District |
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Local Laws Code are repealed: |
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(1) Section 8843.055; |
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(2) Section 8843.105; |
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(3) Section 8843.106; and |
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(4) Section 8843.154. |
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SECTION 4. This Act takes effect September 1, 2019. |