2009S0250-1 02/04/09
By: Averitt S.B. No. 2320
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a groundwater conservation district to
assess production fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.205, Water Code, is amended to read as
follows:
Sec. 36.205. AUTHORITY TO SET FEES. (a) A district may set
fees for administrative acts of the district, such as filing
applications. Fees set by a district may not unreasonably exceed
the cost to the district of performing the administrative function
for which the fee is charged.
(b) A district shall set and collect fees for all services
provided outside the boundaries of the district. The fees may not
unreasonably exceed the cost to the district of providing the
services outside the district.
(c) A district may assess production fees based on the
amount of water authorized by permit to be withdrawn from a well or
the amount actually withdrawn. A district may assess the fees in
lieu of, or in conjunction with, any taxes otherwise levied by the
district. A district may use revenues generated by the fees for any
lawful purpose. Production fees shall not exceed:
(1) $1 per acre-foot payable annually for water used
for agricultural use; or
(2) 30 cents [$10] per 1,000 gallons [acre-foot]
payable annually for water used for any other purpose.
(d) [The Lone Star Groundwater Conservation District and
the Guadalupe County Groundwater Conservation District may not
charge production fees for an annual period greater than $1 per
acre-foot for water used for agricultural use or 17 cents per
thousand gallons for water used for any other purpose. This
subsection shall take precedence over all prior enactments.
[(e)] Subsection (c) does not apply to the following
districts:
(1) the Edwards Aquifer Authority;
(2) the Fort Bend Subsidence District;
(3) the Harris-Galveston Coastal Subsidence District;
(4) the Barton Springs Edwards Aquifer Conservation
District; or
(5) any district that collects a property tax and that
was created before September 1, 1999, unless otherwise authorized
by special law.
(e) [(f)] A district[, including a district described under
Subsection (d),] may assess a production fee under Subsection (c)
for any water produced under an exemption under Section 36.117 if
that water is subsequently sold to another person.
(f) [(g)] A district may assess a transportation fee under
Section 36.122.
SECTION 2. 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.