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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of groundwater permits to certain aliens |
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or foreign entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 36, Water Code, is amended |
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by adding Section 36.1141 to read as follows: |
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Sec. 36.1141. PERMITS ISSUED TO CERTAIN FOREIGN INDIVIDUALS |
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OR ENTITIES. (a) In this section: |
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(1) "Designated country" means a country identified by |
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the United States Director of National Intelligence as a country |
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that poses a risk to the national security of the United States in |
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each of the three most recent Annual Threat Assessments of the U.S. |
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Intelligence Community issued pursuant to Section 108B, National |
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Security Act of 1947 (50 U.S.C. Section 3043b). |
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(2) "Governing authority," "governing person," and |
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"organization" have the meanings assigned by Section 1.002, |
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Business Organizations Code. |
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(3) "Risk to the health, safety, and welfare of the |
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public" includes a likelihood that an individual, organization, or |
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governmental entity will engage in an act that: |
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(A) constitutes: |
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(i) a violation of state or federal |
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criminal law; |
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(ii) corporate espionage; or |
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(iii) a public nuisance; or |
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(B) causes or threatens to cause bodily injury to |
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a person, including the introduction of a dangerous disease or |
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dangerous substance into an area. |
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(b) For purposes of this section, an organization is under |
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the control of an individual or another organization if the |
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controlling individual or organization is authorized to: |
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(1) direct the activities of the controlled |
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organization; |
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(2) make or direct others to make legal commitments on |
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behalf of the controlled organization; or |
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(3) hire and fire a principal decision maker of the |
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controlled organization. |
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(c) The authority of the controlling individual or |
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organization under Subsection (b) may derive from: |
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(1) exercise of a voting ownership interest of the |
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controlled organization sufficient to elect a governing person or |
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governing authority of the controlled organization to exercise on |
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the controlling individual's or organization's behalf the authority |
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described by Subsection (b); or |
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(2) a financial, legal, practical, contractual, or |
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other arrangement that functionally enables the controlling |
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individual or organization to exercise the authority described by |
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Subsection (b). |
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(d) This section does not apply to a permit or permit |
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amendment issued to: |
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(1) an individual who is a citizen or lawful permanent |
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resident of the United States, including an individual who is a |
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citizen of a foreign country; or |
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(2) an organization that is owned by or under the |
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control of one or more individuals described by Subdivision (1). |
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(e) Except as provided by Subsection (d) and |
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notwithstanding any other law, a district may not issue a permit or |
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a permit amendment to or renew a permit for the following if the |
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issuance or renewal of the permit or amendment would create a risk |
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to the health, safety, and welfare of the public: |
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(1) a governmental entity of a designated country; |
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(2) an organization that is: |
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(A) headquartered in a designated country; |
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(B) directly or indirectly under the control of |
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the government of a designated country; or |
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(C) owned by or under the control of one or more |
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individuals who are domiciled in a designated country; |
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(3) an organization that is owned by or under the |
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control of an organization described by Subdivision (2); or |
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(4) an individual who is domiciled in a designated |
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country. |
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SECTION 2. Section 36.1141, Water Code, as added by this |
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Act, applies only to a permit issued, amended, or renewed by a |
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groundwater conservation district on or after the effective date of |
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this Act. A permit issued, amended, or renewed by a groundwater |
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conservation district before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |