86R8014 AAF-F
By: Zwiener H.B. No. 1304
A BILL TO BE ENTITLED
AN ACT
relating to the Hays Trinity Groundwater Conservation District;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 8843.104 and 8843.153, Special District
Local Laws Code, are amended to read as follows:
Sec. 8843.104. PERMIT REQUIRED; EXEMPT USE [WELLS]. (a)
The district may not require a permit to drill or operate
[Groundwater withdrawals from the following wells may not be
regulated, permitted, or metered by the district]:
(1) a well used for domestic use by a single-family
[single private] residential household and incapable of producing
more than 25,000 gallons per day; and
(2) a well used for agricultural use [conventional
farming and ranching activities, including such intensive
operations as aquaculture, livestock feedlots, or poultry
operations].
(b) The district may not require a meter on [charge or
collect a well construction fee for] a well described by Subsection
(a) [(a)(2)].
(c) [(b-1)] A well owner must obtain a permit and pay any
required fees, including a well construction fee, before using any
groundwater withdrawn from a well in the district for purposes
other than those exempted by this chapter or Chapter 36, Water Code
[section].
[(c) A well used for dewatering and monitoring in the
production of coal or lignite is exempt from permit requirements,
regulations, and fees imposed by the district.]
(d) The district may not enter property to inspect a [an
exempt] well described by Subsection (a) without the property
owner's permission.
Sec. 8843.153. TAXES [AND OTHER FEES] PROHIBITED.
Notwithstanding Section 8843.101 or Subchapter G, Chapter 36, Water
Code, the district may not[:
[(1)] impose a tax[; or
[(2) assess or collect any fees except as authorized
by Section 8843.151 or 8843.152].
SECTION 2. Subchapter D, Chapter 8843, Special District
Local Laws Code, is amended by adding Section 8843.155 to read as
follows:
Sec. 8843.155. FEES. (a) The district may assess
production fees as authorized by Section 36.205, Water Code.
(b) The district may not charge for an annual period a
production fee greater than:
(1) $1 per acre-foot for water used for agricultural
use; or
(2) 25 cents per 1,000 gallons for water used for any
other purpose.
SECTION 3. The following sections of the Special District
Local Laws Code are repealed:
(1) Section 8843.055;
(2) Section 8843.105;
(3) Section 8843.106; and
(4) Section 8843.154.
SECTION 4. This Act takes effect September 1, 2019.