Texas 2009 - 81st Regular

Texas House Bill HB1741 Compare Versions

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11 By: King of Zavala H.B. No. 1741
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the recharge of the Edwards Aquifer.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 SECTION 1. STATEMENT OF PURPOSE AND LEGISLATIVE FINDINGS.
99 In order to establish a cooperative interlocal agreement between
1010 governmental entities with the goal of funding and completing
1111 necessary repairs to the Medina Lake Dam for the recharge of the
1212 Edwards and Trinity Aquifers, public safety, protection of
1313 irrigation, and municipal water supply, the legislature finds that:
1414 (a) Medina Lake confers substantial benefits to the region,
1515 including substantial recharge to the Edwards and Trinity Aquifers,
1616 water for irrigation, and municipal water supply;
1717 (b) Medina Lake Dam requires safety repairs of
1818 approximately $10 million;
1919 (c) it is in the interest of public safety to expedite the
2020 necessary repairs to Medina Lake Dam; and
2121 (d) a joint effort is desirable in order to address the
2222 issues necessary for the successful repair of Medina Lake Dam in a
2323 comprehensive manner.
2424 SECTION 2. INTERLOCAL AGREEMENT. Chapter 626, Acts of the
2525 73rd Legislature, Regular Session, 1993, is amended by adding
2626 Section 1.455 to read as follows:
2727 Sec. 1.455. INTERLOCAL AGREEMENT FOR REPAIR PROJECT. (a)
2828 The following entities, not later than the 90th day after the
2929 effective date of the Act enacting this section, shall enter into an
3030 interlocal agreement for the planning, funding, and implementing of
3131 a project to repair the Medina Lake Dam:
3232 (1) the Bexar-Medina-Atascosa Counties Water Control
3333 and Improvement District No. 1;
3434 (2) the Edwards Aquifer Authority;
3535 (3) the Bexar Metropolitan Water District; and
3636 (4) the San Antonio River Authority.
3737 (b) Any other local entity, including a county, with the
3838 ability to assist in the effort may be included in the interlocal
3939 agreement.
4040 (c) The duties of the parties to the interlocal agreement
4141 are as follows:
4242 (1) the Bexar-Medina-Atascosa Counties Water Control
4343 and Improvement District No. 1 shall:
4444 (A) provide funding from available funds for the
4545 necessary repairs;
4646 (B) provide all documentation necessary to
4747 substantiate actual cost estimates for repairing the Medina Lake
4848 Dam;
4949 (C) cooperate with the other parties to the
5050 interlocal agreement on the construction required to repair the
5151 Medina Lake Dam; and
5252 (D) provide other support as necessary;
5353 (2) the San Antonio River Authority shall:
5454 (A) facilitate the development and
5555 implementation of the interlocal agreement;
5656 (B) provide administrative support as necessary;
5757 (C) oversee and manage the entire repair project;
5858 and
5959 (D) submit an annual progress report to the
6060 legislature with the initial report due not later than December 31,
6161 2010; and
6262 (3) the Edwards Aquifer Authority and the Bexar
6363 Metropolitan Water District shall provide funding from available
6464 funds for repairs and support as necessary.
6565 (d) Other entities, including counties, that enter into the
6666 interlocal agreement may provide funding and other support as
6767 appropriate.
6868 (e) The term of the interlocal agreement expires on
6969 completion of the repair project.
7070 (f) An advisory board is established for the project to
7171 repair the Medina Lake Dam and shall:
7272 (1) consist of a representative from each party to the
7373 interlocal agreement;
7474 (2) be chaired by the representative of the San
7575 Antonio River Authority who shall facilitate development and
7676 implementation of the interlocal agreement;
7777 (3) meet at least quarterly to:
7878 (A) explore other possible funding
7979 opportunities;
8080 (B) receive progress reports on the status of the
8181 project; and
8282 (C) discuss other business as necessary; and
8383 (4) dissolve on completion of the project.
8484 SECTION 3. EFFECTIVE DATE. This Act takes effect
8585 immediately if it receives a vote of two-thirds of all the members
8686 elected to each house, as provided by Section 39, Article III, Texas
8787 Constitution. If this Act does not receive the vote necessary for
8888 immediate effect, this Act takes effect September 1, 2009.