H.B. No. 3109
AN ACT
relating to the rulemaking power of certain groundwater
conservation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 36.121, Water Code, is amended to read as
follows:
Sec. 36.121. LIMITATION ON RULEMAKING POWER OF DISTRICTS
OVER WELLS IN CERTAIN COUNTIES. Except as provided by Section
36.117, a district that is created under this chapter on or after
September 1, 1991, shall exempt from regulation under this chapter
a well and any water produced or to be produced by a well that is
located in a county that has a population of 14,000 or less if the
water is to be used solely to supply a municipality that has a
population of 121,000 or less and the rights to the water produced
from the well are owned by a political subdivision that is not a
municipality, or by a municipality that has a population of 115,000
[100,000] or less, and that purchased, owned, or held rights to the
water before the date on which the district was created, regardless
of the date the well is drilled or the water is produced. The
district may not prohibit the political subdivision or municipality
from transporting produced water inside or outside the district's
boundaries.
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, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3109 was passed by the House on May 5,
2011, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 3109 on May 26, 2011, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 3109 on May 29, 2011, by the following vote: Yeas 148,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3109 was passed by the Senate, with
amendments, on May 23, 2011, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
3109 on May 29, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor