Bill Text: TX HB726 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to the regulation of groundwater.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-05-08 - Referred to Water & Rural Affairs [HB726 Detail]
Download: Texas-2019-HB726-Engrossed.html
By: Larson | H.B. No. 726 |
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relating to the regulation of groundwater. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.113(d), Water Code, is amended to | ||
read as follows: | ||
(d) This subsection does not apply to the renewal of an | ||
operating permit issued under Section 36.1145. Before granting or | ||
denying a permit, or a permit amendment issued in accordance with | ||
Section 36.1146, the district shall consider whether: | ||
(1) the application conforms to the requirements | ||
prescribed by this chapter and is accompanied by the prescribed | ||
fees; | ||
(2) the projected effect of the proposed production | ||
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surface water resources, [ |
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registered well owners; | ||
(3) the proposed use of water is dedicated to any | ||
beneficial use; | ||
(4) the proposed use of water is consistent with the | ||
district's approved management plan; | ||
(5) if the well will be located in the Hill Country | ||
Priority Groundwater Management Area, the proposed use of water | ||
from the well is wholly or partly to provide water to a pond, lake, | ||
or reservoir to enhance the appearance of the landscape; | ||
(6) the applicant has agreed to avoid waste and | ||
achieve water conservation; and | ||
(7) the applicant has agreed that reasonable diligence | ||
will be used to protect groundwater quality and that the applicant | ||
will follow well plugging guidelines at the time of well closure. | ||
SECTION 2. Subchapter D, Chapter 36, Water Code, is amended | ||
by adding Section 36.1147 to read as follows: | ||
Sec. 36.1147. LIMITATION ON APPLICABILITY OF RULES. The | ||
rules of a district in effect on the date an application for a | ||
permit or a permit amendment is submitted to the district are the | ||
only district rules that may govern the district's decision to | ||
grant or deny the application. | ||
SECTION 3. The heading to Section 36.122, Water Code, is | ||
amended to read as follows: | ||
Sec. 36.122. EXPORT [ |
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DISTRICT. | ||
SECTION 4. Section 36.122, Water Code, is amended by | ||
amending Subsections (a), (b), (c), (d), and (e) and adding | ||
Subsections (f-1) and (f-2) to read as follows: | ||
(a) This section applies to [ |
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or an amendment to a permit under Section 36.113 that proposes the | ||
export [ |
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boundaries[ |
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(b) A district may promulgate rules requiring a person to | ||
obtain an operating [ |
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permit under Section 36.113 from the district to produce and export | ||
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separate permit for the export of groundwater for use outside [ |
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of the district [ |
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(c) Except as provided in Subsection (e) [ |
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requirements or permit conditions on exporters [ |
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the district imposes on [ |
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may not deny a permit because the applicant intends to export | ||
groundwater for use outside of the district. | ||
(d) The district may impose a reasonable fee for processing | ||
an application under this section. The fee may not exceed fees that | ||
the district imposes for processing other applications under | ||
Section 36.113. An application filed under [ |
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section shall be considered and processed under the same procedures | ||
as other applications for permits under Section 36.113 [ |
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(e) The district may impose an export fee or surcharge on | ||
the holder of an operating permit for water exported for use outside | ||
of the district using one of the following methods: | ||
(1) a fee negotiated between the district and the | ||
exporter; | ||
(2) a rate not to exceed the equivalent of the | ||
district's tax rate per hundred dollars of valuation for each | ||
thousand gallons of water exported from the district or 2.5 cents | ||
per thousand gallons of water, if the district assesses a tax rate | ||
of less than 2.5 cents per hundred dollars of valuation; or | ||
(3) for a fee-based district, a 50 percent surcharge, | ||
in addition to the district's production fee, for water exported | ||
from the district. | ||
(f-1) A district shall extend a term for a permit issued | ||
under this section that existed on May 27, 2019, on or before its | ||
expiration in the manner prescribed by Section 36.1145: | ||
(1) to a term that is not shorter than the term of an | ||
operating permit for the production of water to be exported that is | ||
in effect at the time of the extension; and | ||
(2) for each additional term for which that operating | ||
permit for production is renewed under Section 36.1145 or remains | ||
in effect under Section 36.1146. | ||
(f-2) A permit extended under Subsection (f-1) continues to | ||
be subject to conditions contained in the permit as issued before | ||
the extension. | ||
SECTION 5. Section 36.414(a), Water Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (b), a district shall | ||
process applications from a single applicant under consolidated | ||
notice and hearing procedures on written request by the applicant | ||
if the district requires a separate permit or permit amendment | ||
application for: | ||
(1) drilling, equipping, operating, or completing a | ||
well or substantially altering the size of a well or well pump under | ||
Section 36.113; or | ||
(2) the spacing of water wells or the production of | ||
groundwater under Section 36.116[ |
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SECTION 6. Chapter 36, Water Code, is amended by adding | ||
Subchapter M-1 to read as follows: | ||
SUBCHAPTER M-1. MORATORIUM ON ISSUING PERMIT | ||
Sec. 36.426. PROCEDURE FOR ADOPTING MORATORIUM. A district | ||
may not adopt a moratorium on the issuance of a permit or permit | ||
amendment unless the district: | ||
(1) complies with the notice and hearing procedures | ||
prescribed by Section 36.427; and | ||
(2) makes written findings supporting the district's | ||
determination regarding the issuance, including the district's | ||
justification for imposing the moratorium, if applicable. | ||
Sec. 36.427. NOTICE AND PUBLIC HEARING REQUIREMENTS. (a) A | ||
district may impose a moratorium on the issuance of a permit or | ||
permit amendment only after the district conducts a public hearing | ||
as provided by this section. The public hearing must provide | ||
residents of the district and other affected parties an opportunity | ||
to be heard. | ||
(b) The district shall publish notice of the date, time, and | ||
place of the hearing in a newspaper of general circulation in the | ||
district on or before the fourth day before the date of the hearing. | ||
(c) During the period beginning on the fifth business day | ||
after the date a notice is published under Subsection (b) and ending | ||
on the date the district makes its determination under Subsection | ||
(d), a temporary moratorium is imposed. During that period, a | ||
district may stop issuing permits or permit amendments. | ||
(d) Not later than the 12th day after the date of the public | ||
hearing, the district shall make a final determination on whether | ||
to impose the moratorium and shall issue written findings | ||
supporting the district's determination, including the district's | ||
justification for imposing the moratorium, if applicable. | ||
Sec. 36.428. EXPIRATION OF MORATORIUM; EXTENSION | ||
PROHIBITED. A moratorium imposed under this subchapter expires on | ||
the 90th day after the date the district makes its determination | ||
under Section 36.427(d) to impose the moratorium. The district may | ||
not extend a moratorium imposed under this subchapter. | ||
SECTION 7. The following provisions are repealed: | ||
(1) Sections 8810.103 and 8852.104, Special District | ||
Local Laws Code; and | ||
(2) Sections 36.122(f), (g), (h), (i), (j), (k), (l), | ||
(m), (n), (o), and (q), Water Code. | ||
SECTION 8. A moratorium on the issuance of a permit or | ||
permit amendment that is adopted by a groundwater conservation | ||
district before September 1, 2019, may not continue in effect after | ||
November 30, 2019. | ||
SECTION 9. (a) A permit to export groundwater approved by a | ||
groundwater conservation district before the effective date of this | ||
Act is validated and confirmed in all respects. This subsection | ||
does not apply to a permit to export groundwater that is subject to | ||
litigation: | ||
(1) that is pending on the effective date of this Act; | ||
or | ||
(2) that results in final judgment that may not be | ||
appealed that the permit is invalid. | ||
(b) An administratively complete permit application to | ||
export groundwater received by a groundwater conservation district | ||
before the effective date of this Act is governed by the law in | ||
effect when the application became administratively complete. The | ||
former law is continued for the purpose of processing an | ||
application received before the effective date of this Act. | ||
(c) A groundwater conservation district that imposed an | ||
export fee or surcharge on the holder of a permit to export | ||
groundwater before the effective date of this Act may continue to | ||
impose the fee or surcharge on the holder for the duration of the | ||
permit and any renewal of the permit if the holder of the permit to | ||
export groundwater is not the same person who holds the associated | ||
operating permit. | ||
SECTION 10. This Act takes effect September 1, 2019. |