1 | 1 | | By: Hegar S.B. No. 595 |
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2 | 2 | | (Zerwas) |
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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 power of the North Fort Bend Water Authority to |
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8 | 8 | | impose a charge on certain wells or classes of wells. |
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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 8813.103, Special District Local Laws |
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11 | 11 | | Code, is amended by amending Subsection (e) and adding Subsection |
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12 | 12 | | (e-1) to read as follows: |
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13 | 13 | | (e) For purposes of Subsection (d), a well is subject to a |
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14 | 14 | | groundwater reduction requirement if the Harris-Galveston |
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15 | 15 | | Subsidence District or the Fort Bend Subsidence District, as |
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16 | 16 | | applicable, [subsidence district] has adopted or adopts a |
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17 | 17 | | requirement or rule that groundwater withdrawals from the well, or |
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18 | 18 | | from the well and other wells collectively, be reduced, including a |
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19 | 19 | | groundwater reduction that is not required until a future date. |
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20 | 20 | | (e-1) Notwithstanding Subsection (d), the authority may |
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21 | 21 | | impose a charge under Subsection (b) on a well or class of wells |
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22 | 22 | | located in Harris or Fort Bend County that, on or after February 1, |
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23 | 23 | | 2013: |
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24 | 24 | | (1) ceases to be subject to a groundwater reduction |
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25 | 25 | | requirement imposed by the Harris-Galveston Subsidence District or |
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26 | 26 | | the Fort Bend Subsidence District, as applicable; or |
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27 | 27 | | (2) is no longer subject to the regulatory provisions, |
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28 | 28 | | permitting requirements, or jurisdiction of the Harris-Galveston |
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29 | 29 | | Subsidence District or the Fort Bend Subsidence District, as |
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30 | 30 | | applicable. |
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31 | 31 | | SECTION 2. The North Fort Bend Water Authority retains all |
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32 | 32 | | rights, powers, privileges, authorities, duties, and functions |
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33 | 33 | | that it had before the effective date of this Act. |
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34 | 34 | | SECTION 3. (a) The legislature validates and confirms all |
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35 | 35 | | governmental acts and proceedings of the North Fort Bend Water |
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36 | 36 | | Authority that were taken before the effective date of this Act. |
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37 | 37 | | (b) This section does not apply to any matter that on the |
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38 | 38 | | effective date of this Act: |
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39 | 39 | | (1) is involved in litigation if the litigation |
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40 | 40 | | ultimately results in the matter being held invalid by a final court |
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41 | 41 | | judgment; or |
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42 | 42 | | (2) has been held invalid by a final court judgment. |
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43 | 43 | | SECTION 4. (a) The legal notice of the intention to |
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44 | 44 | | introduce this Act, setting forth the general substance of this |
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45 | 45 | | Act, has been published as provided by law, and the notice and a |
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46 | 46 | | copy of this Act have been furnished to all persons, agencies, |
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47 | 47 | | officials, or entities to which they are required to be furnished |
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48 | 48 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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49 | 49 | | Government Code. |
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50 | 50 | | (b) The governor, one of the required recipients, has |
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51 | 51 | | submitted the notice and Act to the Texas Commission on |
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52 | 52 | | Environmental Quality. |
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53 | 53 | | (c) The Texas Commission on Environmental Quality has filed |
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54 | 54 | | its recommendations relating to this Act with the governor, the |
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55 | 55 | | lieutenant governor, and the speaker of the house of |
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56 | 56 | | representatives within the required time. |
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57 | 57 | | (d) All requirements of the constitution and laws of this |
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58 | 58 | | state and the rules and procedures of the legislature with respect |
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59 | 59 | | to the notice, introduction, and passage of this Act are fulfilled |
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60 | 60 | | and accomplished. |
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61 | 61 | | SECTION 5. This Act takes effect immediately if it receives |
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62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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65 | 65 | | Act takes effect September 1, 2013. |
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