| |
| |
| |
|
|
AN ACT
|
|
|
relating to an exemption for groundwater used for certain purposes |
|
|
from production fees assessed by the Upper Trinity Groundwater |
|
|
Conservation District. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 8830, Special District |
|
|
Local Laws Code, is amended by adding Section 8830.153 to read as |
|
|
follows: |
|
|
Sec. 8830.153. EXEMPTION FROM PRODUCTION FEES FOR |
|
|
GROUNDWATER USED FOR CERTAIN EMERGENCY PURPOSES. (a) In this |
|
|
section, "involved entity" means: |
|
|
(1) a fire department or emergency services district |
|
|
that uses groundwater produced within the boundaries of the |
|
|
district; or |
|
|
(2) a person that provides groundwater produced within |
|
|
the boundaries of the district to a fire department or emergency |
|
|
services district. |
|
|
(b) Groundwater produced within the boundaries of the |
|
|
district for use by a fire department or emergency services |
|
|
district solely for emergency purposes is exempt from the |
|
|
assessment of any production fees that would otherwise be required |
|
|
under a district rule, resolution, or order adopted under Section |
|
|
8830.152. |
|
|
(c) For purposes of this section, emergency purposes |
|
|
include the use of groundwater: |
|
|
(1) to fight fires, manage chemical spills, and |
|
|
otherwise address emergency public safety or welfare concerns; and |
|
|
(2) for training exercises conducted in preparation |
|
|
for responding to fires, chemical spills, and other emergency |
|
|
public safety or welfare concerns. |
|
|
(d) The district may adopt rules to implement this section |
|
|
that require each involved entity to report to the district using |
|
|
reasonable and appropriate reporting methods established by the |
|
|
district: |
|
|
(1) the total quantity of groundwater produced or |
|
|
used, as applicable, for all purposes by the involved entity during |
|
|
each month of the reporting period; |
|
|
(2) the quantity of groundwater produced or used, as |
|
|
applicable, for emergency purposes during each month of the |
|
|
reporting period; and |
|
|
(3) the quantity of groundwater produced or used, as |
|
|
applicable, for any purpose other than for emergency purposes |
|
|
during each month of the reporting period. |
|
|
(e) The production fee exemption provided by Subsection (b) |
|
|
does not apply to groundwater produced for a purpose other than for |
|
|
emergency purposes. |
|
|
SECTION 2. Section 8830.153, Special District Local Laws |
|
|
Code, as added by this Act, applies only to the assessment of a |
|
|
groundwater production fee by the Upper Trinity Groundwater |
|
|
Conservation District on or after the effective date of this Act. |
|
|
The assessment of a groundwater production fee by the Upper Trinity |
|
|
Groundwater Conservation District before the effective date of this |
|
|
Act is governed by the law in effect on the date the fee was |
|
|
assessed, and that law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1664 was passed by the House on May |
|
|
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 1664 was passed by the Senate on May |
|
|
27, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |