H.B. No. 3059         AN ACT   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 [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 [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 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 [Subsection] (e), (e-1), and (e-2) do   [does] not apply to a district that is collecting an export fee or   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