Texas 2009 - 81st Regular

Texas House Bill HB1923 Compare Versions

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1	1	H.B. No. 1923
2	2
3	3
4	4	AN ACT
5	5	relating to the Irion County Water Conservation District.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 4, Chapter 65, Acts of the 69th
8	8	Legislature, Regular Session, 1985, is amended to read as follows:
9	9	Sec. 4. BOUNDARIES. The district is composed of all the
10	10	territory located within Irion County and any territory added
11	11	through annexation or consolidation.
12	12	SECTION 2. Section 8, Chapter 65, Acts of the 69th
13	13	Legislature, Regular Session, 1985, is amended by adding Subsection
14	14	(c) to read as follows:
15	15	(c) If the district annexes territory or consolidates with
16	16	another district, the composition of the board shall be determined
17	17	in a manner that is:
18	18	(1) equitable for the residents of the district as
19	19	provided by Chapter 36, Water Code; and
20	20	(2) otherwise in compliance with Subchapter K, Chapter
21	21	36, Water Code.
22	22	SECTION 3. Section 9(b), Chapter 65, Acts of the 69th
23	23	Legislature, Regular Session, 1985, is amended to read as follows:
24	24	(b) In addition to the requirements of Subsection (a) of
25	25	this section, a person who is a director from a county commissioners
26	26	precinct must be a resident of that precinct unless the composition
27	27	of the board of directors changes under Section 8(c) of this Act.
28	28	SECTION 4. Sections 10, 11, 12, and 15, Chapter 65, Acts of
29	29	the 69th Legislature, Regular Session, 1985, are amended to read as
30	30	follows:
31	31	Sec. 10. ELECTION OF DIRECTORS. Beginning in the year
32	32	following the creation election, an election shall be held on the
33	33	uniform election date in May [first Saturday in April of each year]
34	34	to elect the appropriate number of directors to the board.
35	35	Sec. 11. TERM OF OFFICE. Except for the initial directors
36	36	of the district, directors shall serve for terms of four [two]
37	37	years.
38	38	Sec. 12. BEGINNING OF DIRECTOR'S TERM. A director takes
39	39	office at the first regular meeting of the board [in April]
40	40	following election to the board.
41	41	Sec. 15. COMPENSATION. Each director is entitled to
42	42	receive fees of office as provided by Chapter 36, Water Code, [for
43	43	his services not more than $25 a day] for each day [actually]
44	44	engaged in the director's duties for the district.
45	45	SECTION 5. Section 18(a), Chapter 65, Acts of the 69th
46	46	Legislature, Regular Session, 1985, is amended to read as follows:
47	47	(a) The board may [shall] appoint persons to serve as
48	48	treasurer and attorney for the district.
49	49	SECTION 6. Section 19(b), Chapter 65, Acts of the 69th
50	50	Legislature, Regular Session, 1985, is amended to read as follows:
51	51	(b) The general manager may [shall] execute a bond in the
52	52	amount determined by the board, payable to the district, and
53	53	conditioned on the faithful performance of the general manager's
54	54	duties. The district shall pay for the bond.
55	55	SECTION 7. Sections 23, 25, 28, and 29, Chapter 65, Acts of
56	56	the 69th Legislature, Regular Session, 1985, are amended to read as
57	57	follows:
58	58	Sec. 23. MEETINGS OF BOARD. The board shall hold regular
59	59	meetings at the district's office [at least once each month] on
60	60	dates [a date] established by [rule of] the board.
61	61	Sec. 25. CONTRACTS. The board may enter into contracts as
62	62	provided by Chapter 36 [51], Water Code, and those contracts shall
63	63	be executed by the board in the name of the district.
64	64	Sec. 28. NAME CHANGE [SEAL]. The name of [board shall adopt
65	65	a seal for] the district may be changed if:
66	66	(1) additional territory is annexed to the district;
67	67	or
68	68	(2) the district consolidates with another district.
69	69	Sec. 29. PURPOSE OF DISTRICT. The district is created to
70	70	provide for the conservation, preservation, protection, recharge,
71	71	and prevention of waste and pollution of the groundwater
72	72	[underground] and surface water of the district consistent with:
73	73	(1) the objectives of Article XVI, Section 59, of the
74	74	Texas Constitution, and Chapter 36, Water Code; and
75	75	(2) the powers and duties under Subchapters H and I,
76	76	Chapter 49 [Chapters 51 and 52], Water Code.
77	77	SECTION 8. Section 30(b), Chapter 65, Acts of the 69th
78	78	Legislature, Regular Session, 1985, is amended to read as follows:
79	79	(b) In addition to the rules adopted under Subsection (a) of
80	80	this section, the board may adopt and enforce rules as provided by
81	81	Chapter 36 [Sections 51.127 through 51.132], Water Code. The board
82	82	may adopt rules necessary for the exercise of district powers and
83	83	duties under Subchapters H and I, Chapter 49, Water Code [, as
84	84	amended].
85	85	SECTION 9. Sections 31, 32, 33, 34, and 35, Chapter 65, Acts
86	86	of the 69th Legislature, Regular Session, 1985, are amended to read
87	87	as follows:
88	88	Sec. 31. EXERCISE OF POWERS AND DUTIES UNDER WATER CODE.
89	89	Except to the extent of any conflict with this Act or as
90	90	specifically limited by this Act, the district may exercise the
91	91	powers granted and shall exercise the duties under [Subchapters D,
92	92	O, and P,] Chapter 36 and Subchapters H and I, Chapter 49 [51],
93	93	Water Code, [and Subchapter D, Chapter 52, Water Code,] to carry out
94	94	the purpose of the district and this Act.
95	95	Sec. 32. LIMITATION ON PERMIT AUTHORITY. If the district
96	96	regulates production of groundwater [underground water] by permit
97	97	as authorized by Chapter 36 [52], Water Code, the board may not deny
98	98	a permit to drill a well to the owner of land, his heirs, assigns,
99	99	and lessees on his land that complies with the [and the right to
100	100	produce water from that well under] rules adopted by the district.
101	101	Sec. 33. STUDIES AND SURVEYS. The board may [shall] have
102	102	professional engineers make studies and surveys of the groundwater
103	103	[underground] and surface water supplies within the district and
104	104	the facilities available for use in the conservation, preservation,
105	105	protection, recharge, and prevention of waste and pollution of
106	106	those water resources. The professional engineers also may [shall]
107	107	determine the quantities of both groundwater [underground] and
108	108	surface water available in the district.
109	109	Sec. 34. PLANS AND SPECIFICATIONS. The district shall
110	110	develop and implement comprehensive plans for the conservation,
111	111	preservation, protection, recharge, and prevention of waste and
112	112	pollution of groundwater [underground] and surface water within the
113	113	district. The plans shall include all works, facilities, and
114	114	improvements necessary to implement the plans and the
115	115	specifications for those works, facilities, and improvements.
116	116	Sec. 35. RESEARCH; INFORMATION. The district may [shall]
117	117	engage in research projects and [shall] develop information to be
118	118	used by the district in preparing and implementing its plans and in
119	119	carrying out its powers and duties under this Act.
120	120	SECTION 10. Section 39(b), Chapter 65, Acts of the 69th
121	121	Legislature, Regular Session, 1985, is amended to read as follows:
122	122	(b) The district shall construct and acquire works,
123	123	facilities, and improvements in the manner provided by Subchapters
124	124	H and I, Chapter 49 [51], Water Code[, for water control and
125	125	improvement districts].
126	126	SECTION 11. Sections 43 and 45, Chapter 65, Acts of the 69th
127	127	Legislature, Regular Session, 1985, are amended to read as follows:
128	128	Sec. 43. SALE AND DISPOSAL OF PROPERTY. Subject to this Act
129	129	and Chapter 36 and Subchapters H and I, Chapter 49 [Chapters 51 and
130	130	52], Water Code, the district may sell or otherwise dispose of land
131	131	and other property of the district that is not necessary to carry
132	132	out the purpose or powers of the district as determined by the
133	133	board.
134	134	Sec. 45. PROTECTION OF WATER RIGHTS. The ownership and
135	135	rights of the owner of land, his lessees, and assigns in groundwater
136	136	[underground] and any surface water rights are recognized and this
137	137	Act does not deprive or divest the owner, his lessees, and assigns
138	138	of those ownership rights.
139	139	SECTION 12. Section 53, Chapter 65, Acts of the 69th
140	140	Legislature, Regular Session, 1985, is repealed.
141	141	SECTION 13. A director of the Irion County Water
142	142	Conservation District whose term expires in May 2009 shall serve a
143	143	term that expires on the uniform election date in May 2012. A
144	144	director elected to replace a director whose term expires in May
145	145	2010 shall serve a four-year term as provided by Section 11, Chapter
146	146	65, Acts of the 69th Legislature, Regular Session, 1985, as amended
147	147	by this Act. Section 11, as amended, applies to any regularly
148	148	scheduled election of directors held in 2012 or a later year.
149	149	SECTION 14. (a) The legal notice of the intention to
150	150	introduce this Act, setting forth the general substance of this
151	151	Act, has been published as provided by law, and the notice and a
152	152	copy of this Act have been furnished to all persons, agencies,
153	153	officials, or entities to which they are required to be furnished
154	154	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
155	155	Government Code.
156	156	(b) The governor, one of the required recipients, has
157	157	submitted the notice and Act to the Texas Commission on
158	158	Environmental Quality.
159	159	(c) The Texas Commission on Environmental Quality has filed
160	160	its recommendations relating to this Act with the governor, the
161	161	lieutenant governor, and the speaker of the house of
162	162	representatives within the required time.
163	163	(d) All requirements of the constitution and laws of this
164	164	state and the rules and procedures of the legislature with respect
165	165	to the notice, introduction, and passage of this Act are fulfilled
166	166	and accomplished.
167	167	SECTION 15. This Act takes effect immediately if it
168	168	receives a vote of two-thirds of all the members elected to each
169	169	house, as provided by Section 39, Article III, Texas Constitution.
170	170	If this Act does not receive the vote necessary for immediate
171	171	effect, this Act takes effect September 1, 2009.
172	172	______________________________ ______________________________
173	173	President of the Senate Speaker of the House
174	174	I certify that H.B. No. 1923 was passed by the House on April
175	175	22, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
176	176	voting.
177	177	______________________________
178	178	Chief Clerk of the House
179	179	I certify that H.B. No. 1923 was passed by the Senate on May
180	180	13, 2009, by the following vote: Yeas 31, Nays 0.
181	181	______________________________
182	182	Secretary of the Senate
183	183	APPROVED: _____________________
184	184	Date
185	185	_____________________
186	186	Governor