81R5457 SLB-F
By: Corte H.B. No. 1518
A BILL TO BE ENTITLED
AN ACT
relating to the addition of territory to and the amount of
production fees imposed by the Trinity Glen Rose Groundwater
Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13, Chapter 1312, Acts of the 77th
Legislature, Regular Session, 2001, is amended by amending
Subsection (b) and adding Subsection (b-1) to read as follows:
(b) Except as provided by Subsection (i) of this section,
the board of directors may impose [reasonable] fees on each
nonexempt well in the district. The fees may be assessed annually,
based on:
(1) the size of column pipe used in the well;
(2) the production capacity of the well; or
(3) actual, authorized, or anticipated pumpage.
(b-1) The district may not impose a fee under Subsection (b)
of this section in an amount greater than:
(1) $1 per acre-foot for water used for agricultural
purposes; or
(2) $40 per acre-foot for water used for any other
purpose.
SECTION 2. Section 19, Chapter 1312, Acts of the 77th
Legislature, Regular Session, 2001, is amended by adding
Subsections (e), (f), and (g) to read as follows:
(e) If a municipality that has held an election under
Subsection (a) of this section subsequently annexes land, the
annexed land by that action:
(1) becomes part of the territory of the groundwater
conservation district chosen by the municipality in the election;
and
(2) is disannexed from any other groundwater
conservation district in which the land is located.
(f) Any land annexed by the municipality after an election
under Subsection (a) of this section and before the effective date
of this Act is:
(1) territory of the district chosen by the
municipality in the election; and
(2) disannexed from any other groundwater
conservation district in which the land is located.
(g) A disannexation of a groundwater conservation
district's territory under this section does not diminish or impair
the rights of the holders of any outstanding and unpaid bonds,
warrants, or other obligations of that groundwater conservation
district. Property disannexed under this section is not released
from its pro rata share of any indebtedness of that groundwater
conservation district at the time of the disannexation, and that
groundwater conservation district may continue to tax the property
until that debt is paid.
SECTION 3. (a) All governmental acts and proceedings of the
Trinity Glen Rose Groundwater Conservation District relating to the
annexation of territory to the municipality or to the district that
were taken before the effective date of this Act are validated,
ratified, and confirmed in all respects as if they had been taken as
authorized by law.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.