| 1 | 1 | | By: Lucio III H.B. No. 1318 |
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| 2 | 2 | | Substitute the following for H.B. No. 1318: |
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| 3 | 3 | | By: Larson C.S.H.B. No. 1318 |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to regulation of production of wells for retail public |
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| 9 | 9 | | utilities by a groundwater conservation district. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 36.116(c), Water Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (c) In regulating a retail public utility's [the |
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| 14 | 14 | | ] |
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| 15 | 15 | | production of groundwater based on tract size or acreage, a |
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| 16 | 16 | | district shall [may] consider the aggregate contiguous acreage |
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| 17 | 17 | | owned or leased by the retail public utility in the district. A |
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| 18 | 18 | | district shall also consider the aggregate contiguous acreage owned |
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| 19 | 19 | | or leased by the retail public utility's customers inside the |
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| 20 | 20 | | district if the customer dedicates its acreage for this purpose in |
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| 21 | 21 | | an amount of acreage per customer sufficient to provide service to |
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| 22 | 22 | | that customer, but not to exceed five acres per customer. The |
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| 23 | 23 | | district may not include the acreage associated with a customer's |
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| 24 | 24 | | permitted wells and registered wells with the aggregated acreage |
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| 25 | 25 | | dedicated to the retail public utility [service needs or service |
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| 26 | 26 | | area of a retail public utility]. The board shall record in its |
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| 27 | 27 | | minutes the factors provided by this subsection considered by the |
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| 28 | 28 | | district. For the purposes of this subsection: |
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| 29 | 29 | | (1) "Retail[, "retail] public utility" has [shall |
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| 30 | 30 | | have] the meaning assigned [provided] by Section 13.002. |
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| 31 | 31 | | (2) "Contiguous acreage" includes acreage connected |
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| 32 | 32 | | through a retail public utility's distribution system. |
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| 33 | 33 | | SECTION 2. This Act takes effect September 1, 2017. |
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