Texas 2009 - 81st Regular

Texas House Bill HB4231 Compare Versions

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Old	New	Differences
1	1	H.B. No. 4231
2	2
3	3
4	4	AN ACT
5	5	relating to the conveyancing or transfer in this state of water
6	6	imported into this state from a source located outside this state.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 11.0237(b), Water Code, is amended to
9	9	read as follows:
10	10	(b) This section does not alter the commission's
11	11	obligations under Section 11.042(a-1), (b), [11.042(b)] or (c),
12	12	11.046(b), 11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471,
13	13	11.1491, 11.150, 11.152, 16.058, or 16.059.
14	14	SECTION 2. Section 11.042, Water Code, is amended by adding
15	15	Subsection (a-1) to read as follows:
16	16	(a-1) With prior authorization granted under rules
17	17	prescribed by the commission, a person, association of persons,
18	18	corporation, water control and improvement district, water
19	19	improvement district, or irrigation district supplying water
20	20	imported from a source located wholly outside the boundaries of
21	21	this state, except water imported from a source located in the
22	22	United Mexican States, may use the bed and banks of any flowing
23	23	natural stream in the state to convey water for use in this state.
24	24	The authorization must:
25	25	(1) allow for the diversion of only the amount of water
26	26	put into a watercourse or stream, less carriage losses; and
27	27	(2) include special conditions adequate to prevent a
28	28	significant impact to the quality of water in this state.
29	29	SECTION 3. Section 11.085(v), Water Code, is amended to
30	30	read as follows:
31	31	(v) The provisions of this section, except Subsection (a),
32	32	do not apply to:
33	33	(1) a proposed transfer which in combination with any
34	34	existing transfers totals less than 3,000 acre-feet of water per
35	35	annum from the same permit, certified filing, or certificate of
36	36	adjudication;
37	37	(2) a request for an emergency transfer of water;
38	38	(3) a proposed transfer from a basin to its adjoining
39	39	coastal basin; [or]
40	40	(4) a proposed transfer from a basin to a county or
41	41	municipality or the municipality's retail service area that is
42	42	partially within the basin for use in that part of the county or
43	43	municipality and the municipality's retail service area not within
44	44	the basin; or
45	45	(5) a proposed transfer of water that is:
46	46	(A) imported from a source located wholly outside
47	47	the boundaries of this state, except water that is imported from a
48	48	source located in the United Mexican States;
49	49	(B) for use in this state; and
50	50	(C) transported by using the bed and banks of any
51	51	flowing natural stream located in this state.
52	52	SECTION 4. This Act takes effect immediately if it receives
53	53	a vote of two-thirds of all the members elected to each house, as
54	54	provided by Section 39, Article III, Texas Constitution. If this
55	55	Act does not receive the vote necessary for immediate effect, this
56	56	Act takes effect September 1, 2009.
57	57	______________________________ ______________________________
58	58	President of the Senate Speaker of the House
59	59	I certify that H.B. No. 4231 was passed by the House on April
60	60	29, 2009, by the following vote: Yeas 143, Nays 0, 1 present, not
61	61	voting.
62	62	______________________________
63	63	Chief Clerk of the House
64	64	I certify that H.B. No. 4231 was passed by the Senate on May
65	65	21, 2009, by the following vote: Yeas 31, Nays 0.
66	66	______________________________
67	67	Secretary of the Senate
68	68	APPROVED: _____________________
69	69	Date
70	70	_____________________
71	71	Governor