Texas 2023 - 88th Regular

Texas House Bill HB3059 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3059
2	2
3	3
4	4	AN ACT
5	5	relating to the export fee charged for the transfer of groundwater
6	6	from a groundwater conservation district.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 36.122, Water Code, is amended by
9	9	amending Subsections (e) and (p) and adding Subsections (e-1),
10	10	(e-2), and (e-3) to read as follows:
11	11	(e) Except as provided by Subsection (e-1), the [The]
12	12	district may impose an export fee or surcharge using one of the
13	13	following methods:
14	14	(1) a fee negotiated between the district and the
15	15	exporter;
16	16	(2) for a tax-based district, a rate not to exceed 20
17	17	cents [the equivalent of the district's tax rate per hundred
18	18	dollars of valuation] for each thousand gallons of water exported
19	19	from the district [or 2.5 cents per thousand gallons of water, if
20	20	the district assesses a tax rate of less than 2.5 cents per hundred
21	21	dollars of valuation]; or
22	22	(3) for a fee-based district, a rate not to exceed the
23	23	greater of 20 cents for each thousand gallons or a 50 percent
24	24	surcharge, in addition to the district's production fee, for water
25	25	exported from the district.
26	26	(e-1) Effective January 1, 2024, the maximum allowable rate
27	27	a district may impose for an export fee or surcharge under
28	28	Subsection (e)(2) or (e)(3) increases by three percent each
29	29	calendar year.
30	30	(e-2) A district governed by a special law in regard to an
31	31	export fee or surcharge on water exported from the district may
32	32	charge an export fee or surcharge in accordance with that special
33	33	law or in accordance with Subsections (e) and (e-1).
34	34	(e-3) An export fee or surcharge imposed under Subsection
35	35	(e) or an increase in an imposed export fee or surcharge is not
36	36	valid unless it is approved by the board after a public hearing.
37	37	(p) Subsections [Subsection] (e), (e-1), and (e-2) do
38	38	[does] not apply to a district that is collecting an export fee or
39	39	surcharge on March 1, 2001.
40	40	SECTION 2. Section 36.207, Water Code, is amended to read as
41	41	follows:
42	42	Sec. 36.207. USE OF FEES. (a) A district may use funds
43	43	obtained from administrative, production, or export fees collected
44	44	under a special law governing the district or this chapter for any
45	45	purpose consistent with the district's approved management plan,
46	46	including, without limitation, making grants, loans, or
47	47	contractual payments to achieve, facilitate, or expedite
48	48	reductions in groundwater pumping or the development or
49	49	distribution of alternative water supplies or to maintain the
50	50	operability of wells significantly affected by groundwater
51	51	development to allow for the highest practicable level of
52	52	groundwater production while achieving the desired future
53	53	conditions established under Section 36.108.
54	54	(b) A district may use funds obtained from the amount that
55	55	an export fee is increased under Section 36.122(e-1) on or after
56	56	January 1, 2024, only for costs related to assessing and addressing
57	57	impacts associated with groundwater development, including:
58	58	(1) maintaining operability of wells significantly
59	59	affected by groundwater development;
60	60	(2) developing or distributing alternative water
61	61	supplies; and
62	62	(3) conducting aquifer monitoring, data collection,
63	63	and aquifer science.
64	64	SECTION 3. This Act takes effect September 1, 2023.
65	65	______________________________ ______________________________
66	66	President of the Senate Speaker of the House
67	67	I certify that H.B. No. 3059 was passed by the House on April
68	68	18, 2023, by the following vote: Yeas 117, Nays 27, 1 present, not
69	69	voting; that the House refused to concur in Senate amendments to
70	70	H.B. No. 3059 on May 23, 2023, and requested the appointment of a
71	71	conference committee to consider the differences between the two
72	72	houses; and that the House adopted the conference committee report
73	73	on H.B. No. 3059 on May 28, 2023, by the following vote: Yeas 119,
74	74	Nays 25, 2 present, not voting.
75	75	______________________________
76	76	Chief Clerk of the House
77	77	I certify that H.B. No. 3059 was passed by the Senate, with
78	78	amendments, on May 18, 2023, by the following vote: Yeas 25, Nays
79	79	6; at the request of the House, the Senate appointed a conference
80	80	committee to consider the differences between the two houses; and
81	81	that the Senate adopted the conference committee report on H.B. No.
82	82	3059 on May 27, 2023, by the following vote: Yeas 25, Nays 6.
83	83	______________________________
84	84	Secretary of the Senate
85	85	APPROVED: __________________
86	86	Date
87	87	__________________
88	88	Governor