By: Patrick S.B. No. 1299
(Callegari)
A BILL TO BE ENTITLED
AN ACT
relating to powers of the West Harris County Regional Water
Authority relating to certain wells.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4.03, Chapter 414, Acts of the 77th
Legislature, Regular Session, 2001, is amended by amending
Subsection (d) and adding Subsections (d-1) and (d-2) to read as
follows:
(d) For wells located in Harris County or Fort Bend County,
the board shall exempt from the charge under Subsection (b) the
classes of wells that are not subject to any groundwater reduction
requirement imposed by the Harris-Galveston Coastal Subsidence
District or the Fort Bend Subsidence District, as appropriate. If
any of those classes of wells become subject to a groundwater
reduction requirement imposed by the Harris-Galveston Coastal
Subsidence District or the Fort Bend Subsidence District, as
appropriate, the authority may impose the charge under Subsection
(b) on those wells. For purposes of this subsection, a well is
subject to a groundwater reduction requirement if the
Harris-Galveston Coastal Subsidence District or Fort Bend
Subsidence District, as appropriate, has adopted or adopts a
requirement or regulation that the well reduce groundwater
withdrawals or that the well join with other wells to collectively
reduce groundwater withdrawals, including a groundwater reduction
that is not required until a future date.
(d-1) Notwithstanding Subsection (d), the authority may
impose a charge under Subsection (b) on a well or class of wells
located in Harris County or Fort Bend County that, on or after
February 1, 2013:
(1) ceases to be subject to a groundwater reduction
requirement imposed by the Harris-Galveston Subsidence District or
the Fort Bend Subsidence District, as applicable; or
(2) is no longer subject to the regulatory provisions,
permitting requirements, or jurisdiction of the Harris-Galveston
Subsidence District or the Fort Bend Subsidence District, as
applicable.
(d-2) The board by rule may exempt any other classes of
wells from the charge under Subsection (b). The board may not apply
the charge under Subsection (b) to a well:
(1) with a casing diameter of less than five inches
that solely serves a single-family dwelling; or
(2) regulated under Chapter 27, Water Code.
SECTION 2. The West Harris County Regional Water Authority
retains all rights, powers, privileges, authorities, duties, and
functions that it had before the effective date of this Act.
SECTION 3. (a) The legislature validates and confirms all
governmental acts and proceedings of the West Harris County
Regional Water Authority that were taken before the effective date
of this Act.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. 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, 2013.