By: Hegar S.B. No. 595
(In the Senate - Filed February 15, 2013; February 25, 2013,
read first time and referred to Committee on Natural Resources;
March 11, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 11, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 595 By: Hegar
A BILL TO BE ENTITLED
AN ACT
relating to the power of the North Fort Bend Water Authority to
impose a charge on certain wells or classes of wells.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8813.103, Special District Local Laws
Code, is amended by amending Subsection (e) and adding Subsection
(e-1) to read as follows:
(e) For purposes of Subsection (d), a well is subject to a
groundwater reduction requirement if the Harris-Galveston
Subsidence District or the Fort Bend Subsidence District, as
applicable, [subsidence district] has adopted or adopts a
requirement or rule that groundwater withdrawals from the well, or
from the well and other wells collectively, be reduced, including a
groundwater reduction that is not required until a future date.
(e-1) Notwithstanding Subsection (d), the authority may
impose a charge under Subsection (b) on a well or class of wells
located in Harris 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.
SECTION 2. The North Fort Bend 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 North Fort Bend 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.
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