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A BILL TO BE ENTITLED
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AN ACT
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relating to water conservation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 10.011, Water Code, is amended to read as |
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follows: |
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Sec. 10.011. REPORT. Not later than December 1 of each |
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even-numbered year, the council shall submit to the governor, |
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lieutenant governor, and speaker of the house of representatives a |
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report on progress made in water conservation in this state. The |
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report must include recommendations for necessary and desirable |
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legislation. |
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SECTION 2. Section 16.0121, Water Code, is amended by |
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amending Subsections (b), (c), and (f) and adding Subsection (g) to |
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read as follows: |
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(b) A [Except as provided by Subsection (b-1), a] retail |
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public utility providing potable water [that receives from the
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board financial assistance] shall perform, review, and file with |
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the board an annual water audit computing the utility's system |
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water loss during the preceding year. |
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(c) The board shall develop appropriate methodologies and |
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submission dates for a water audit required under Subsection (b) |
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[or (b-1)] for the following categories of retail public utilities: |
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(1) retail public utilities serving populations of |
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100,000 or more; |
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(2) retail public utilities serving populations of |
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50,000 or more but less than 100,000; |
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(3) retail public utilities serving populations of |
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more than 10,000 but less than 50,000; and |
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(4) retail public utilities serving populations of |
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10,000 or less. |
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(f) The board shall compile the information included in the |
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water audits required by Subsection [Subsections] (b) [and (b-1)] |
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according to category of retail public utility and according to |
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regional water planning area. The regional planning group for a |
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regional planning area shall use the information to identify |
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appropriate water management strategies in the development of a |
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regional water plan under Section 16.053. |
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(g) The board may notify the commission if the board |
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determines that an entity has violated this section. |
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Notwithstanding Section 7.051(b), a violation of this section is |
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enforceable in the manner provided by Chapter 7 for a violation of a |
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provision of this code within the commission's jurisdiction or of a |
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rule adopted by the commission under a provision of this code within |
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the commission's jurisdiction. |
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SECTION 3. Section 16.055(h), Water Code, is amended to |
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read as follows: |
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(h) On receipt of the notice under Subsection (g)(2)(B), a |
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[the] person or entity required to develop a drought contingency |
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plan shall immediately implement the person's or entity's [water
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conservation plan or drought contingency] plan. |
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SECTION 4. Subchapter D, Chapter 17, Water Code, is amended |
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by adding Section 17.1245 to read as follows: |
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Sec. 17.1245. EVALUATION AND MODIFICATION OF CERTAIN |
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APPLICATIONS. (a) In passing on an application for financial |
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assistance from a retail public utility that provides potable water |
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service to 3,300 or more connections, the board shall: |
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(1) evaluate the utility's system water loss based on |
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the most recent audit prepared under Section 16.0121; |
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(2) evaluate for compliance with the best management |
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practices the utility's water conservation plan required under |
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Section 13.146; and |
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(3) issue a report to a utility detailing the results |
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of the evaluation conducted under Subdivision (2). |
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(b) If an evaluation conducted under Subsection (a)(1) |
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indicates that a utility's system water loss exceeds 15 percent |
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annually, the board: |
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(1) shall require the utility to amend the utility's |
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application for financial assistance to include a plan to reduce |
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the utility's system water loss to less than 15 percent annually; |
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and |
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(2) may require that a portion of financial assistance |
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awarded under this chapter be used to mitigate the system water loss |
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or award additional financial assistance for that purpose. |
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(c) The board, by a two-thirds vote, may exempt from the |
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application of Subsection (b) a utility whose system water loss |
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exceeds 15 percent. |
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(d) Not later than January 1 of each odd-numbered year, the |
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board shall submit to the legislature a written summary of the |
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results of evaluations conducted under Subsection (a)(2). |
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SECTION 5. Section 16.0121(b-1), Water Code, is repealed. |
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SECTION 6. Not later than May 1, 2015, a retail public |
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utility providing potable water that does not receive financial |
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assistance from the Texas Water Development Board shall file with |
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the board the first annual water audit required by Section 16.0121, |
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Water Code, as amended by this Act. The water audit must compute |
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the utility's most recent annual system water loss. |
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SECTION 7. Section 17.1245, Water Code, as added by this |
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Act, applies only to an application for financial assistance |
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submitted on or after the effective date of this Act. An |
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application for financial assistance submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2013. |