Texas 2009 - 81st Regular

Texas Senate Bill SB1238 Compare Versions

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1	1	By: Ogden S.B. No. 1238
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a study regarding the Carrizo-Wilcox aquifer.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. DEFINITION. In this Act, "commission" means the
9	9	Texas Commission on Environmental Quality.
10	10	SECTION 2. STUDY. (a) The commission shall conduct a
11	11	study regarding the impact on the entire Carrizo-Wilcox aquifer of
12	12	rules and plans adopted by groundwater conservation districts in
13	13	whose boundaries the aquifer is located and of determinations made
14	14	by groundwater conservation districts in connection with the joint
15	15	planning process relating to groundwater management areas in whose
16	16	boundaries the aquifer is located. In conducting the study, the
17	17	commission shall examine:
18	18	(1) whether the rules and plans adopted by each
19	19	groundwater conservation district:
20	20	(A) are based on sound scientific principles;
21	21	(B) adequately conserve and protect the aquifer
22	22	and ensure the achievement of the applicable desired future
23	23	condition for each part of the district; and
24	24	(C) are likely to affect other groundwater
25	25	conservation districts or groundwater management areas;
26	26	(2) whether each district is enforcing substantial
27	27	compliance with its rules;
28	28	(3) whether the desired future conditions established
29	29	under Section 36.108, Water Code, in each groundwater management
30	30	area are reasonable and based on sound scientific principles, and
31	31	whether the rules adopted by each district are designed to achieve
32	32	the applicable desired future condition;
33	33	(4) other long-term impacts of the applicable rules
34	34	and plans on the aquifer, taking into consideration:
35	35	(A) projected population and agricultural,
36	36	municipal, and industrial demands for water from the aquifer within
37	37	the groundwater conservation districts; and
38	38	(B) other appropriate factors as determined by
39	39	commission rule; and
40	40	(5) whether the presence of contaminants in the
41	41	recharge area of the aquifer and the potential pollution of the
42	42	aquifer are issues that should be addressed and, if so, by whom.
43	43	(b) The Texas Water Development Board and the Bureau of
44	44	Economic Geology of The University of Texas at Austin shall assist
45	45	the commission in conducting the study under this section.
46	46	(c) The commission may contract with any appropriate person
47	47	to assist the commission in conducting the study under this
48	48	section.
49	49	SECTION 3. REPORT. Not later than December 31, 2012, the
50	50	commission shall report the results of the study conducted under
51	51	this Act to the governor, the lieutenant governor, the speaker of
52	52	the house of representatives, and the standing committees in the
53	53	senate and the house of representatives that have primary
54	54	jurisdiction over natural resources. The report may include the
55	55	commission's recommendations for legislation to address any areas
56	56	of concern.
57	57	SECTION 4. NO APPROPRIATION. This Act does not make an
58	58	appropriation. A provision in this Act that creates a new
59	59	governmental program, creates a new entitlement, or imposes a new
60	60	duty on a governmental entity is not mandatory during a fiscal
61	61	period for which the legislature has not made a specific
62	62	appropriation to implement the provision.
63	63	SECTION 5. EXPIRATION. This Act expires August 31, 2013.
64	64	SECTION 6. EFFECTIVE DATE. This Act takes effect
65	65	immediately if it receives a vote of two-thirds of all the members
66	66	elected to each house, as provided by Section 39, Article III, Texas
67	67	Constitution. If this Act does not receive the vote necessary for
68	68	immediate effect, this Act takes effect September 1, 2009.