| 1 | 1 | | 81R5438 HLT-D |
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| 2 | 2 | | By: Rose H.B. No. 4153 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an exemption from permitting requirements of the |
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| 8 | 8 | | Edwards Aquifer Authority for certain wells owned by a charitable |
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| 9 | 9 | | organization. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 1.15(b), Chapter 626, Acts of the 73rd |
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| 12 | 12 | | Legislature, Regular Session, 1993, is amended to read as follows: |
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| 13 | 13 | | (b) Except as provided by Sections 1.17, [and] 1.33, and |
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| 14 | 14 | | 1.337 of this article, a person may not withdraw water from the |
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| 15 | 15 | | aquifer or begin construction of a well or other works designed for |
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| 16 | 16 | | the withdrawal of water from the aquifer without obtaining a permit |
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| 17 | 17 | | from the authority. |
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| 18 | 18 | | SECTION 2. Chapter 626, Acts of the 73rd Legislature, |
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| 19 | 19 | | Regular Session, 1993, is amended by adding Section 1.337 to read as |
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| 20 | 20 | | follows: |
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| 21 | 21 | | Sec. 1.337. EXEMPTION FOR CERTAIN WELLS OWNED BY CHARITABLE |
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| 22 | 22 | | ORGANIZATIONS FROM PERMIT REQUIREMENTS. (a) Notwithstanding |
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| 23 | 23 | | Section 1.14(e) of this article, an owner of a well is exempt from |
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| 24 | 24 | | the requirement to obtain a permit for the well from the authority |
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| 25 | 25 | | if the well: |
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| 26 | 26 | | (1) is owned by an organization recognized by the |
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| 27 | 27 | | Internal Revenue Service as a tax-exempt organization under Section |
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| 28 | 28 | | 501(c)(3) of the Internal Revenue Code of 1986; |
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| 29 | 29 | | (2) was in existence and owned by the charitable |
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| 30 | 30 | | organization before January 1, 2008; and |
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| 31 | 31 | | (3) produces less than one acre-foot of water per |
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| 32 | 32 | | year. |
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| 33 | 33 | | (b) A well described by Subsection (a) of this section is |
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| 34 | 34 | | not exempt from metering requirements applicable to a nonexempt |
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| 35 | 35 | | well under Section 1.31 of this article. |
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| 36 | 36 | | (c) An owner of a well described by Subsection (a) of this |
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| 37 | 37 | | section shall file with the authority a written report of water use |
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| 38 | 38 | | in the manner required by Section 1.32 of this article for a holder |
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| 39 | 39 | | of a permit. |
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| 40 | 40 | | (d) When a critical period stage is in effect, the authority |
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| 41 | 41 | | may require an owner of a well that qualifies for exemption under |
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| 42 | 42 | | Subsection (a) of this section to reduce groundwater withdrawals |
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| 43 | 43 | | from the well. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2009. |
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