Bill Text: TX HB3059 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the export fee charged for the transfer of groundwater from a groundwater conservation district.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Enrolled - Dead) 2023-05-30 - Sent to the Governor [HB3059 Detail]
Download: Texas-2023-HB3059-Enrolled.html
H.B. No. 3059 |
|
||
relating to the export fee charged for the transfer of groundwater | ||
from a groundwater conservation district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 36.122, Water Code, is amended by | ||
amending Subsections (e) and (p) and adding Subsections (e-1), | ||
(e-2), and (e-3) to read as follows: | ||
(e) Except as provided by Subsection (e-1), the [ |
||
district may impose an export fee or surcharge using one of the | ||
following methods: | ||
(1) a fee negotiated between the district and the | ||
exporter; | ||
(2) for a tax-based district, a rate not to exceed 20 | ||
cents [ |
||
from the district [ |
||
(3) for a fee-based district, a rate not to exceed the | ||
greater of 20 cents for each thousand gallons or a 50 percent | ||
surcharge, in addition to the district's production fee, for water | ||
exported from the district. | ||
(e-1) Effective January 1, 2024, the maximum allowable rate | ||
a district may impose for an export fee or surcharge under | ||
Subsection (e)(2) or (e)(3) increases by three percent each | ||
calendar year. | ||
(e-2) A district governed by a special law in regard to an | ||
export fee or surcharge on water exported from the district may | ||
charge an export fee or surcharge in accordance with that special | ||
law or in accordance with Subsections (e) and (e-1). | ||
(e-3) An export fee or surcharge imposed under Subsection | ||
(e) or an increase in an imposed export fee or surcharge is not | ||
valid unless it is approved by the board after a public hearing. | ||
(p) Subsections [ |
||
[ |
||
surcharge on March 1, 2001. | ||
SECTION 2. Section 36.207, Water Code, is amended to read as | ||
follows: | ||
Sec. 36.207. USE OF FEES. (a) A district may use funds | ||
obtained from administrative, production, or export fees collected | ||
under a special law governing the district or this chapter for any | ||
purpose consistent with the district's approved management plan, | ||
including, without limitation, making grants, loans, or | ||
contractual payments to achieve, facilitate, or expedite | ||
reductions in groundwater pumping or the development or | ||
distribution of alternative water supplies or to maintain the | ||
operability of wells significantly affected by groundwater | ||
development to allow for the highest practicable level of | ||
groundwater production while achieving the desired future | ||
conditions established under Section 36.108. | ||
(b) A district may use funds obtained from the amount that | ||
an export fee is increased under Section 36.122(e-1) on or after | ||
January 1, 2024, only for costs related to assessing and addressing | ||
impacts associated with groundwater development, including: | ||
(1) maintaining operability of wells significantly | ||
affected by groundwater development; | ||
(2) developing or distributing alternative water | ||
supplies; and | ||
(3) conducting aquifer monitoring, data collection, | ||
and aquifer science. | ||
SECTION 3. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3059 was passed by the House on April | ||
18, 2023, by the following vote: Yeas 117, Nays 27, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 3059 on May 23, 2023, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 3059 on May 28, 2023, by the following vote: Yeas 119, | ||
Nays 25, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3059 was passed by the Senate, with | ||
amendments, on May 18, 2023, by the following vote: Yeas 25, Nays | ||
6; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
3059 on May 27, 2023, by the following vote: Yeas 25, Nays 6. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |