| 1 | 1 | | 86R5787 SLB-F |
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| 2 | 2 | | By: Lucio III H.B. No. 2249 |
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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 regulation of production of wells for retail public |
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| 8 | 8 | | utilities by a groundwater conservation district. |
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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 36.116(c), Water Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (c) In regulating the production of groundwater based on |
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| 13 | 13 | | tract size or acreage, a district shall [may] consider the [service |
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| 14 | 14 | | needs or] service area of a retail public utility that serves the |
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| 15 | 15 | | territory where production is regulated by the district in |
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| 16 | 16 | | accordance with this section and Section 36.1161. To determine the |
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| 17 | 17 | | service area of a retail public utility for consideration under |
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| 18 | 18 | | this section, a district shall determine the number of acres in the |
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| 19 | 19 | | retail public utility's service area that overlie the aquifer from |
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| 20 | 20 | | which a completed or proposed well owned by the retail public |
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| 21 | 21 | | utility will produce groundwater and deduct from that number the |
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| 22 | 22 | | number of acres in that portion of the service area that the |
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| 23 | 23 | | district has permitted to landowners. On the anniversary of the |
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| 24 | 24 | | date the permit was issued to the retail public utility, the |
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| 25 | 25 | | district shall adjust the permit held by the retail public utility |
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| 26 | 26 | | to account for the number of acres permitted to landowners in that |
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| 27 | 27 | | portion of the service area since the most recent determination of |
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| 28 | 28 | | acreage of the service area. For the purposes of this subsection, |
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| 29 | 29 | | "retail public utility" has [shall have] the meaning assigned |
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| 30 | 30 | | [provided] by Section 13.002. |
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| 31 | 31 | | SECTION 2. Subchapter D, Chapter 36, Water Code, is amended |
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| 32 | 32 | | by adding Section 36.1161 to read as follows: |
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| 33 | 33 | | Sec. 36.1161. REGULATION OF PRODUCTION BY RETAIL PUBLIC |
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| 34 | 34 | | UTILITIES. (a) In this section, "retail public utility" has the |
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| 35 | 35 | | meaning assigned by Section 13.002. |
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| 36 | 36 | | (b) This section applies only to a district that regulates |
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| 37 | 37 | | production under Section 36.116 based on tract size or acreage. |
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| 38 | 38 | | (c) A district may not deny a permit for the production of |
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| 39 | 39 | | groundwater to a landowner because of the location of a well owned |
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| 40 | 40 | | by a retail public utility. |
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| 41 | 41 | | (d) A retail public utility may not file a protest or |
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| 42 | 42 | | objection to a landowner's application for a permit if the proposed |
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| 43 | 43 | | well is located in the retail public utility's service area. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2019. |
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