Texas 2013 - 83rd Regular

Texas Senate Bill SB1299 Compare Versions

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1	1	By: Patrick S.B. No. 1299
2	2	(Callegari)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to powers of the West Harris County Regional Water
8	8	Authority relating to certain wells.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 4.03, Chapter 414, Acts of the 77th
11	11	Legislature, Regular Session, 2001, is amended by amending
12	12	Subsection (d) and adding Subsections (d-1) and (d-2) to read as
13	13	follows:
14	14	(d) For wells located in Harris County or Fort Bend County,
15	15	the board shall exempt from the charge under Subsection (b) the
16	16	classes of wells that are not subject to any groundwater reduction
17	17	requirement imposed by the Harris-Galveston Coastal Subsidence
18	18	District or the Fort Bend Subsidence District, as appropriate. If
19	19	any of those classes of wells become subject to a groundwater
20	20	reduction requirement imposed by the Harris-Galveston Coastal
21	21	Subsidence District or the Fort Bend Subsidence District, as
22	22	appropriate, the authority may impose the charge under Subsection
23	23	(b) on those wells. For purposes of this subsection, a well is
24	24	subject to a groundwater reduction requirement if the
25	25	Harris-Galveston Coastal Subsidence District or Fort Bend
26	26	Subsidence District, as appropriate, has adopted or adopts a
27	27	requirement or regulation that the well reduce groundwater
28	28	withdrawals or that the well join with other wells to collectively
29	29	reduce groundwater withdrawals, including a groundwater reduction
30	30	that is not required until a future date.
31	31	(d-1) Notwithstanding Subsection (d), the authority may
32	32	impose a charge under Subsection (b) on a well or class of wells
33	33	located in Harris County or Fort Bend County that, on or after
34	34	February 1, 2013:
35	35	(1) ceases to be subject to a groundwater reduction
36	36	requirement imposed by the Harris-Galveston Subsidence District or
37	37	the Fort Bend Subsidence District, as applicable; or
38	38	(2) is no longer subject to the regulatory provisions,
39	39	permitting requirements, or jurisdiction of the Harris-Galveston
40	40	Subsidence District or the Fort Bend Subsidence District, as
41	41	applicable.
42	42	(d-2) The board by rule may exempt any other classes of
43	43	wells from the charge under Subsection (b). The board may not apply
44	44	the charge under Subsection (b) to a well:
45	45	(1) with a casing diameter of less than five inches
46	46	that solely serves a single-family dwelling; or
47	47	(2) regulated under Chapter 27, Water Code.
48	48	SECTION 2. The West Harris County Regional Water Authority
49	49	retains all rights, powers, privileges, authorities, duties, and
50	50	functions that it had before the effective date of this Act.
51	51	SECTION 3. (a) The legislature validates and confirms all
52	52	governmental acts and proceedings of the West Harris County
53	53	Regional Water Authority that were taken before the effective date
54	54	of this Act.
55	55	(b) This section does not apply to any matter that on the
56	56	effective date of this Act:
57	57	(1) is involved in litigation if the litigation
58	58	ultimately results in the matter being held invalid by a final court
59	59	judgment; or
60	60	(2) has been held invalid by a final court judgment.
61	61	SECTION 4. (a) The legal notice of the intention to
62	62	introduce this Act, setting forth the general substance of this
63	63	Act, has been published as provided by law, and the notice and a
64	64	copy of this Act have been furnished to all persons, agencies,
65	65	officials, or entities to which they are required to be furnished
66	66	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
67	67	Government Code.
68	68	(b) The governor, one of the required recipients, has
69	69	submitted the notice and Act to the Texas Commission on
70	70	Environmental Quality.
71	71	(c) The Texas Commission on Environmental Quality has filed
72	72	its recommendations relating to this Act with the governor, the
73	73	lieutenant governor, and the speaker of the house of
74	74	representatives within the required time.
75	75	(d) All requirements of the constitution and laws of this
76	76	state and the rules and procedures of the legislature with respect
77	77	to the notice, introduction, and passage of this Act are fulfilled
78	78	and accomplished.
79	79	SECTION 5. This Act takes effect immediately if it receives
80	80	a vote of two-thirds of all the members elected to each house, as
81	81	provided by Section 39, Article III, Texas Constitution. If this
82	82	Act does not receive the vote necessary for immediate effect, this
83	83	Act takes effect September 1, 2013.