Bill Text: TX HB4618 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the Hays Trinity Groundwater Conservation District; authorizing a fee.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-05-08 - Comm. report sent to Local & Consent Calendar [HB4618 Detail]

Download: Texas-2021-HB4618-Introduced.html

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By: Zwiener H.B. No. 4618

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. Section 8843.056(c), Special District Local Laws
Code, is amended to read as follows:
(c) At the first election after the single-member districts
are revised, a new director shall be elected from each district. The
directors shall draw lots to determine which two directors serve
two-year [one-year] terms and which three directors serve four-year
[two-year] terms.
SECTION 2. Section 8843.104, Special District Local Laws
Code, is amended to read as follows:
Sec. 8843.104. EXEMPT WELLS. (a) In this section,
"existing well" means a well in the district that was completed on
or before September 1, 2001.
(a-1) The district may not require a permit to operate an
existing well used for [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 that is [and] incapable of
producing more than 25,000 gallons of groundwater per day; or [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-1)(1) [(a)(2)].
(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groundwater withdrawn from a well in the district for purposes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) The owner of a [A] well used for commercial agricultural
irrigation use shall:
(1) register the well with the district;
(2) install a meter that meets district standards for
accuracy; and
(3) annually report the total amount of groundwater
production from the well on a form approved [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-1)(1) without the property
owner's permission.
SECTION 3. Section 8843.152, Special District Local Laws
Code, is amended by amending Subsection (b) and adding Subsection
(c) to read as follows:
(b) The district may assess [levy and collect] a water
utility service connection fee only in accordance with the
following schedule and Subsection (c) based on the size of the meter
to be installed:
Meter Size Multiplier Maximum Fee
5/8" 1.0 $1,000
3/4" 1.5 $1,500
1" 2.5 $2,500
1.5" 5.0 $5,000
2" 8.0 $8,000
3" 16.0 $16,000
4" 25.0 $25,000
(c) The fee for a meter size smaller than five-eighths of an
inch may not exceed $1,000 [not to exceed $1,000 for each new water
service connection made after September 1, 2013].
SECTION 4. Section 8843.153, Special District Local Laws
Code, is amended to read as follows:
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 5. 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. The
district may not assess production fees for water used for
agricultural use.
(b) The district may not charge for an annual period a
production fee greater than 25 cents per 1,000 gallons authorized
to be withdrawn under a permit issued by the district.
SECTION 6. The following sections of the Special District
Local Laws Code are repealed:
(1) Section 8843.055;
(2) Section 8843.105; and
(3) Section 8843.106.
SECTION 7. This Act takes effect September 1, 2021.