| 1 | | - | By: Larson (Senate Sponsor - Perry) H.B. No. 2378 |
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| 2 | | - | (In the Senate - Received from the House May 1, 2017; |
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| 3 | | - | May 10, 2017, read first time and referred to Committee on |
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| 4 | | - | Agriculture, Water & Rural Affairs; May 16, 2017, reported |
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| 5 | | - | favorably by the following vote: Yeas 7, Nays 0; May 16, 2017, sent |
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| 6 | | - | to printer.) |
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| 1 | + | H.B. No. 2378 |
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| 10 | 4 | | AN ACT |
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| 11 | 5 | | relating to extensions of an expired permit for the transfer of |
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| 12 | 6 | | groundwater from a groundwater conservation district. |
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| 13 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 8 | | SECTION 1. Section 36.122, Water Code, is amended by adding |
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| 15 | 9 | | Subsections (j-1) and (j-2) and amending Subsection (k) to read as |
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| 16 | 10 | | follows: |
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| 17 | 11 | | (j-1) A term under Subsection (i) or (j) shall automatically |
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| 18 | 12 | | be extended on or before its expiration: |
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| 19 | 13 | | (1) to a term that is not shorter than the term of an |
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| 20 | 14 | | operating permit for the production of water to be transferred that |
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| 21 | 15 | | is in effect at the time of the extension; and |
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| 22 | 16 | | (2) for each additional term for which that operating |
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| 23 | 17 | | permit for production is renewed under Section 36.1145 or remains |
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| 24 | 18 | | in effect under Section 36.1146. |
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| 25 | 19 | | (j-2) A permit automatically extended under Subsection |
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| 26 | 20 | | (j-1) continues to be subject to conditions contained in the permit |
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| 27 | 21 | | as issued before the automatic extension. |
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| 28 | 22 | | (k) Notwithstanding the period specified under Subsection |
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| 29 | 23 | | [in Subsections] (i), [and] (j), or (j-1) during which water may be |
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| 30 | 24 | | transferred under a permit, a district may periodically review the |
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| 31 | 25 | | amount of water that may be transferred under the permit and may |
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| 32 | 26 | | limit the amount if additional factors considered in Subsection (f) |
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| 33 | 27 | | warrant the limitation, subject to Subsection (c). The review |
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| 34 | 28 | | described by this subsection may take place not more frequently |
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| 35 | 29 | | than the period provided for the review or renewal of regular |
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| 36 | 30 | | permits issued by the district. In its determination of whether to |
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| 37 | 31 | | renew a permit issued under this section, the district shall |
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| 38 | 32 | | consider relevant and current data for the conservation of |
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| 39 | 33 | | groundwater resources and shall consider the permit in the same |
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| 40 | 34 | | manner it would consider any other permit in the district. |
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| 41 | 35 | | SECTION 2. The changes in law made by this Act apply only to |
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| 42 | 36 | | the term of a permit issued under Sections 36.122(i) and (j), Water |
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| 43 | 37 | | Code, that expires after September 1, 2017. |
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| 44 | 38 | | SECTION 3. This Act takes effect September 1, 2017. |
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| 45 | | - | * * * * * |
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| 39 | + | ______________________________ ______________________________ |
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| 40 | + | President of the Senate Speaker of the House |
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| 41 | + | I certify that H.B. No. 2378 was passed by the House on April |
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| 42 | + | 28, 2017, by the following vote: Yeas 136, Nays 0, 2 present, not |
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| 43 | + | voting. |
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| 44 | + | ______________________________ |
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| 45 | + | Chief Clerk of the House |
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| 46 | + | I certify that H.B. No. 2378 was passed by the Senate on May |
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| 47 | + | 19, 2017, by the following vote: Yeas 31, Nays 0. |
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| 48 | + | ______________________________ |
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| 49 | + | Secretary of the Senate |
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| 50 | + | APPROVED: _____________________ |
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| 51 | + | Date |
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| 52 | + | _____________________ |
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| 53 | + | Governor |
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