| 1 | 1 | | 2009S0250-1 02/04/09 |
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| 2 | 2 | | By: Averitt S.B. No. 2320 |
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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 the authority of a groundwater conservation district to |
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| 8 | 8 | | assess production fees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 36.205, Water Code, is amended to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | Sec. 36.205. AUTHORITY TO SET FEES. (a) A district may set |
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| 13 | 13 | | fees for administrative acts of the district, such as filing |
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| 14 | 14 | | applications. Fees set by a district may not unreasonably exceed |
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| 15 | 15 | | the cost to the district of performing the administrative function |
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| 16 | 16 | | for which the fee is charged. |
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| 17 | 17 | | (b) A district shall set and collect fees for all services |
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| 18 | 18 | | provided outside the boundaries of the district. The fees may not |
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| 19 | 19 | | unreasonably exceed the cost to the district of providing the |
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| 20 | 20 | | services outside the district. |
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| 21 | 21 | | (c) A district may assess production fees based on the |
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| 22 | 22 | | amount of water authorized by permit to be withdrawn from a well or |
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| 23 | 23 | | the amount actually withdrawn. A district may assess the fees in |
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| 24 | 24 | | lieu of, or in conjunction with, any taxes otherwise levied by the |
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| 25 | 25 | | district. A district may use revenues generated by the fees for any |
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| 26 | 26 | | lawful purpose. Production fees shall not exceed: |
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| 27 | 27 | | (1) $1 per acre-foot payable annually for water used |
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| 28 | 28 | | for agricultural use; or |
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| 29 | 29 | | (2) 30 cents [$10] per 1,000 gallons [acre-foot] |
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| 30 | 30 | | payable annually for water used for any other purpose. |
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| 31 | 31 | | (d) [The Lone Star Groundwater Conservation District and |
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| 32 | 32 | | the Guadalupe County Groundwater Conservation District may not |
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| 33 | 33 | | charge production fees for an annual period greater than $1 per |
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| 34 | 34 | | acre-foot for water used for agricultural use or 17 cents per |
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| 35 | 35 | | thousand gallons for water used for any other purpose. This |
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| 36 | 36 | | subsection shall take precedence over all prior enactments. |
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| 37 | 37 | | [(e)] Subsection (c) does not apply to the following |
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| 38 | 38 | | districts: |
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| 39 | 39 | | (1) the Edwards Aquifer Authority; |
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| 40 | 40 | | (2) the Fort Bend Subsidence District; |
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| 41 | 41 | | (3) the Harris-Galveston Coastal Subsidence District; |
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| 42 | 42 | | (4) the Barton Springs Edwards Aquifer Conservation |
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| 43 | 43 | | District; or |
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| 44 | 44 | | (5) any district that collects a property tax and that |
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| 45 | 45 | | was created before September 1, 1999, unless otherwise authorized |
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| 46 | 46 | | by special law. |
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| 47 | 47 | | (e) [(f)] A district[, including a district described under |
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| 48 | 48 | | Subsection (d),] may assess a production fee under Subsection (c) |
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| 49 | 49 | | for any water produced under an exemption under Section 36.117 if |
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| 50 | 50 | | that water is subsequently sold to another person. |
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| 51 | 51 | | (f) [(g)] A district may assess a transportation fee under |
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| 52 | 52 | | Section 36.122. |
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| 53 | 53 | | SECTION 2. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2009. |
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