89S11135 SCR-D     By: Harris H.B. No. 304       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of groundwater produced in the   boundaries of a groundwater conservation district.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 36.1132, Water Code, is amended by   adding Subsection (d) to read as follows:          (d)  A district may not issue a permit after December 1,   2025, to an applicant for the production and transfer out of the   district of groundwater if the issuance of the permit would   authorize the applicant to produce and transfer out of the district   a total amount of groundwater, considering all permits issued by   the district to the applicant, a subsidiary of the applicant, or an   entity owned or controlled by the applicant, in an amount that would   exceed five percent of the total modeled available groundwater   apportioned to the district as determined by the executive   administrator.          SECTION 2.  Section 36.122, Water Code, is amended by adding   Subsection (t) to read as follows:          (t)  If an application for a permit or an amendment to a   permit under Section 36.113 proposes the transfer of groundwater   outside of a district's boundaries produced from a well capable of   producing 25,000 gallons or more of groundwater a day, the district   shall notify each other district located in that district's   management area and may not issue the permit unless at least   two-thirds of all the districts located in the district's   management area approve the permit by a majority vote of each   district's board. The board of each district shall consider the   potential impact of the permit on the achievement of the desired   future conditions adopted under Section 36.108 for the management   area in determining whether to approve or deny the permit.          SECTION 3.  Section 8863.103(c), Special District Local Laws   Code, is amended to read as follows:          (c)  The district may determine that a transfer of   groundwater produced within the district's boundaries for use   outside the district's boundaries will not be considered a transfer   outside the district if the transfer[:                      [(1)  is for use as a potable water supply by a   retail public utility and is within an authorized service area of   which an appropriate portion, as determined by the district, is   located inside the district's boundaries; or                      [(2)]  involves an emergency potable water   interconnect between retail public utilities.          SECTION 4.  Section 36.122(t), Water Code, as added by this   Act, applies only to a permit issued by a groundwater conservation   district on or after the effective date of this Act.          SECTION 5.  This Act takes effect on the 91st day after the   last day of the legislative session.