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