Texas 2009 - 81st Regular

Texas House Bill HB1518 Compare Versions

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1	1	H.B. No. 1518
2	2
3	3
4	4	AN ACT
5	5	relating to the addition of territory to and the amount of
6	6	production fees imposed by the Trinity Glen Rose Groundwater
7	7	Conservation District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 13, Chapter 1312, Acts of the 77th
10	10	Legislature, Regular Session, 2001, is amended by amending
11	11	Subsection (b) and adding Subsection (b-1) to read as follows:
12	12	(b) Except as provided by Subsection (i) of this section,
13	13	the board of directors may impose [reasonable] fees on each
14	14	nonexempt well in the district. The fees may be assessed annually,
15	15	based on:
16	16	(1) the size of column pipe used in the well;
17	17	(2) the production capacity of the well; or
18	18	(3) actual, authorized, or anticipated pumpage.
19	19	(b-1) The district may not impose a fee under Subsection (b)
20	20	of this section in an amount greater than:
21	21	(1) $1 per acre-foot for water used for agricultural
22	22	purposes; or
23	23	(2) $40 per acre-foot for water used for any other
24	24	purpose.
25	25	SECTION 2. Chapter 1312, Acts of the 77th Legislature,
26	26	Regular Session, 2001, is amended by adding Section 19A to read as
27	27	follows:
28	28	Sec. 19A. EFFECT OF ANNEXATION OF LAND BY CERTAIN
29	29	MUNICIPALITIES. (a) In this section:
30	30	(1) "Inhabited land" means land on which at least one
31	31	fixed, permanent, and occupied dwelling is situated, as of the date
32	32	on which the land is annexed by a municipality.
33	33	(2) "Vacant land" means land on which no fixed,
34	34	permanent, and occupied dwelling is situated, as of the date on
35	35	which the land is annexed by a municipality.
36	36	(b) If a municipality that has held an election under
37	37	Section 19 of this Act subsequently annexes vacant land that is not
38	38	located in the groundwater conservation district chosen by the
39	39	municipality in the election, the annexed vacant land by that
40	40	action:
41	41	(1) becomes part of the territory of the groundwater
42	42	conservation district chosen by the municipality in the election;
43	43	and
44	44	(2) is disannexed from any other groundwater
45	45	conservation district in which the land is located.
46	46	(c) If a municipality that has held an election under
47	47	Section 19 of this Act subsequently annexes inhabited land that is
48	48	not located in the groundwater conservation district chosen by the
49	49	municipality in the election, the landowners of the annexed
50	50	inhabited land may file a petition with the groundwater
51	51	conservation district requesting inclusion in that district as
52	52	provided by Subchapter J, Chapter 36, Water Code. Notwithstanding
53	53	Section 36.325(b), Water Code, the petition must be signed by all of
54	54	the landowners of the land to be annexed by the groundwater
55	55	conservation district. If the affected landowners do not file a
56	56	petition as provided by this subsection, the municipality shall
57	57	hold an election under Section 19 of this Act in which the voters in
58	58	the annexed inhabited land may choose the one groundwater
59	59	conservation district of which the annexed land will be a part.
60	60	(d) Any land annexed by the municipality after an election
61	61	under Section 19 of this Act and before the effective date of this
62	62	section is:
63	63	(1) territory of the district chosen by the
64	64	municipality in the election; and
65	65	(2) disannexed from any other groundwater
66	66	conservation district in which the land is located.
67	67	(e) A disannexation of a groundwater conservation
68	68	district's territory under this section does not diminish or impair
69	69	the rights of the holders of any outstanding and unpaid bonds,
70	70	warrants, or other obligations of that groundwater conservation
71	71	district. Property disannexed under this section is not released
72	72	from its pro rata share of any indebtedness of that groundwater
73	73	conservation district at the time of the disannexation, and that
74	74	groundwater conservation district may continue to tax the property
75	75	until that debt is paid.
76	76	SECTION 3. (a) All governmental acts and proceedings of the
77	77	Trinity Glen Rose Groundwater Conservation District relating to the
78	78	annexation of territory to the municipality or to the district that
79	79	were taken before the effective date of this Act are validated,
80	80	ratified, and confirmed in all respects as if they had been taken as
81	81	authorized by law.
82	82	(b) This section does not apply to any matter that on the
83	83	effective date of this Act:
84	84	(1) is involved in litigation if the litigation
85	85	ultimately results in the matter being held invalid by a final court
86	86	judgment; or
87	87	(2) has been held invalid by a final court judgment.
88	88	SECTION 4. (a) The legal notice of the intention to
89	89	introduce this Act, setting forth the general substance of this
90	90	Act, has been published as provided by law, and the notice and a
91	91	copy of this Act have been furnished to all persons, agencies,
92	92	officials, or entities to which they are required to be furnished
93	93	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
94	94	Government Code.
95	95	(b) The governor, one of the required recipients, has
96	96	submitted the notice and Act to the Texas Commission on
97	97	Environmental Quality.
98	98	(c) The Texas Commission on Environmental Quality has filed
99	99	its recommendations relating to this Act with the governor, the
100	100	lieutenant governor, and the speaker of the house of
101	101	representatives within the required time.
102	102	(d) All requirements of the constitution and laws of this
103	103	state and the rules and procedures of the legislature with respect
104	104	to the notice, introduction, and passage of this Act are fulfilled
105	105	and accomplished.
106	106	SECTION 5. This Act takes effect immediately if it receives
107	107	a vote of two-thirds of all the members elected to each house, as
108	108	provided by Section 39, Article III, Texas Constitution. If this
109	109	Act does not receive the vote necessary for immediate effect, this
110	110	Act takes effect September 1, 2009.
111	111	______________________________ ______________________________
112	112	President of the Senate Speaker of the House
113	113	I certify that H.B. No. 1518 was passed by the House on May 5,
114	114	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
115	115	voting.
116	116	______________________________
117	117	Chief Clerk of the House
118	118	I certify that H.B. No. 1518 was passed by the Senate on May
119	119	26, 2009, by the following vote: Yeas 31, Nays 0.
120	120	______________________________
121	121	Secretary of the Senate
122	122	APPROVED: _____________________
123	123	Date
124	124	_____________________
125	125	Governor