Texas 2009 - 81st Regular

Texas Senate Bill SB2092 Compare Versions

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1	1	By: Duncan S.B. No. 2092
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Natural Resources;
4	4	April 14, 2009, reported favorably by the following vote: Yeas 10,
5	5	Nays 0; April 14, 2009, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the Irion County Water Conservation District.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 4, Chapter 65, Acts of the 69th
13	13	Legislature, Regular Session, 1985, is amended to read as follows:
14	14	Sec. 4. BOUNDARIES. The district is composed of all the
15	15	territory located within Irion County and any territory added
16	16	through annexation or consolidation.
17	17	SECTION 2. Section 8, Chapter 65, Acts of the 69th
18	18	Legislature, Regular Session, 1985, is amended by adding Subsection
19	19	(c) to read as follows:
20	20	(c) If the district annexes territory or consolidates with
21	21	another district, the composition of the board shall be determined
22	22	in a manner that is:
23	23	(1) equitable for the residents of the district as
24	24	provided by Chapter 36, Water Code; and
25	25	(2) otherwise in compliance with Subchapter K, Chapter
26	26	36, Water Code.
27	27	SECTION 3. Subsection (b), Section 9, Chapter 65, Acts of
28	28	the 69th Legislature, Regular Session, 1985, is amended to read as
29	29	follows:
30	30	(b) In addition to the requirements of Subsection (a) of
31	31	this section, a person who is a director from a county commissioners
32	32	precinct must be a resident of that precinct unless the composition
33	33	of the board of directors changes under Section 8(c) of this Act.
34	34	SECTION 4. Sections 10, 11, 12, and 15, Chapter 65, Acts of
35	35	the 69th Legislature, Regular Session, 1985, are amended to read as
36	36	follows:
37	37	Sec. 10. ELECTION OF DIRECTORS. Beginning in the year
38	38	following the creation election, an election shall be held on the
39	39	uniform election date in May [first Saturday in April of each year]
40	40	to elect the appropriate number of directors to the board.
41	41	Sec. 11. TERM OF OFFICE. Except for the initial directors
42	42	of the district, directors shall serve for terms of four [two]
43	43	years.
44	44	Sec. 12. BEGINNING OF DIRECTOR'S TERM. A director takes
45	45	office at the first regular meeting of the board [in April]
46	46	following election to the board.
47	47	Sec. 15. COMPENSATION. Each director is entitled to
48	48	receive fees of office as provided by Chapter 36, Water Code, [for
49	49	his services not more than $25 a day] for each day [actually]
50	50	engaged in the director's duties for the district.
51	51	SECTION 5. Subsection (a), Section 18, Chapter 65, Acts of
52	52	the 69th Legislature, Regular Session, 1985, is amended to read as
53	53	follows:
54	54	(a) The board may [shall] appoint persons to serve as
55	55	treasurer and attorney for the district.
56	56	SECTION 6. Subsection (b), Section 19, Chapter 65, Acts of
57	57	the 69th Legislature, Regular Session, 1985, is amended to read as
58	58	follows:
59	59	(b) The general manager may [shall] execute a bond in the
60	60	amount determined by the board, payable to the district, and
61	61	conditioned on the faithful performance of the general manager's
62	62	duties. The district shall pay for the bond.
63	63	SECTION 7. Sections 23, 25, 28, and 29, Chapter 65, Acts of
64	64	the 69th Legislature, Regular Session, 1985, are amended to read as
65	65	follows:
66	66	Sec. 23. MEETINGS OF BOARD. The board shall hold regular
67	67	meetings at the district's office [at least once each month] on
68	68	dates [a date] established by [rule of] the board.
69	69	Sec. 25. CONTRACTS. The board may enter into contracts as
70	70	provided by Chapter 36 [51], Water Code, and those contracts shall
71	71	be executed by the board in the name of the district.
72	72	Sec. 28. NAME CHANGE [SEAL]. The name of [board shall adopt
73	73	a seal for] the district may be changed if:
74	74	(1) additional territory is annexed to the district;
75	75	or
76	76	(2) the district consolidates with another district.
77	77	Sec. 29. PURPOSE OF DISTRICT. The district is created to
78	78	provide for the conservation, preservation, protection, recharge,
79	79	and prevention of waste and pollution of the groundwater
80	80	[underground] and surface water of the district consistent with:
81	81	(1) the objectives of Article XVI, Section 59, of the
82	82	Texas Constitution, and Chapter 36, Water Code; and
83	83	(2) the powers and duties under Subchapters H and I,
84	84	Chapter 49 [Chapters 51 and 52], Water Code.
85	85	SECTION 8. Subsection (b), Section 30, Chapter 65, Acts of
86	86	the 69th Legislature, Regular Session, 1985, is amended to read as
87	87	follows:
88	88	(b) In addition to the rules adopted under Subsection (a) of
89	89	this section, the board may adopt and enforce rules as provided by
90	90	Chapter 36 [Sections 51.127 through 51.132], Water Code. The board
91	91	may adopt rules necessary for the exercise of district powers and
92	92	duties under Subchapters H and I, Chapter 49, Water Code[, as
93	93	amended].
94	94	SECTION 9. Sections 31, 32, 33, 34, and 35, Chapter 65, Acts
95	95	of the 69th Legislature, Regular Session, 1985, are amended to read
96	96	as follows:
97	97	Sec. 31. EXERCISE OF POWERS AND DUTIES UNDER WATER CODE.
98	98	Except to the extent of any conflict with this Act or as
99	99	specifically limited by this Act, the district may exercise the
100	100	powers granted and shall exercise the duties under [Subchapters D,
101	101	O, and P,] Chapter 36 and Subchapters H and I, Chapter 49 [51],
102	102	Water Code, [and Subchapter D, Chapter 52, Water Code,] to carry out
103	103	the purpose of the district and this Act.
104	104	Sec. 32. LIMITATION ON PERMIT AUTHORITY. If the district
105	105	regulates production of groundwater [underground water] by permit
106	106	as authorized by Chapter 36 [52], Water Code, the board may not deny
107	107	a permit to drill a well to the owner of land, his heirs, assigns,
108	108	and lessees on his land that complies with the [and the right to
109	109	produce water from that well under] rules adopted by the district.
110	110	Sec. 33. STUDIES AND SURVEYS. The board may [shall] have
111	111	professional engineers make studies and surveys of the groundwater
112	112	[underground] and surface water supplies within the district and
113	113	the facilities available for use in the conservation, preservation,
114	114	protection, recharge, and prevention of waste and pollution of
115	115	those water resources. The professional engineers also may [shall]
116	116	determine the quantities of both groundwater [underground] and
117	117	surface water available in the district.
118	118	Sec. 34. PLANS AND SPECIFICATIONS. The district shall
119	119	develop and implement comprehensive plans for the conservation,
120	120	preservation, protection, recharge, and prevention of waste and
121	121	pollution of groundwater [underground] and surface water within the
122	122	district. The plans shall include all works, facilities, and
123	123	improvements necessary to implement the plans and the
124	124	specifications for those works, facilities, and improvements.
125	125	Sec. 35. RESEARCH; INFORMATION. The district may [shall]
126	126	engage in research projects and [shall] develop information to be
127	127	used by the district in preparing and implementing its plans and in
128	128	carrying out its powers and duties under this Act.
129	129	SECTION 10. Subsection (b), Section 39, Chapter 65, Acts of
130	130	the 69th Legislature, Regular Session, 1985, is amended to read as
131	131	follows:
132	132	(b) The district shall construct and acquire works,
133	133	facilities, and improvements in the manner provided by Subchapters
134	134	H and I, Chapter 49 [51], Water Code[, for water control and
135	135	improvement districts].
136	136	SECTION 11. Sections 43 and 45, Chapter 65, Acts of the 69th
137	137	Legislature, Regular Session, 1985, are amended to read as follows:
138	138	Sec. 43. SALE AND DISPOSAL OF PROPERTY. Subject to this Act
139	139	and Chapter 36 and Subchapters H and I, Chapter 49 [Chapters 51 and
140	140	52], Water Code, the district may sell or otherwise dispose of land
141	141	and other property of the district that is not necessary to carry
142	142	out the purpose or powers of the district as determined by the
143	143	board.
144	144	Sec. 45. PROTECTION OF WATER RIGHTS. The ownership and
145	145	rights of the owner of land, his lessees, and assigns in groundwater
146	146	[underground] and any surface water rights are recognized and this
147	147	Act does not deprive or divest the owner, his lessees, and assigns
148	148	of those ownership rights.
149	149	SECTION 12. Section 53, Chapter 65, Acts of the 69th
150	150	Legislature, Regular Session, 1985, is repealed.
151	151	SECTION 13. A director of the Irion County Water
152	152	Conservation District whose term expires in May 2009 shall serve a
153	153	term that expires on the uniform election date in May 2012. A
154	154	director elected to replace a director whose term expires in May
155	155	2010 shall serve a four-year term as provided by Section 11, Chapter
156	156	65, Acts of the 69th Legislature, Regular Session, 1985, as amended
157	157	by this Act. Section 11, as amended, applies to any regularly
158	158	scheduled election of directors held in 2012 or a later year.
159	159	SECTION 14. (a) The legal notice of the intention to
160	160	introduce this Act, setting forth the general substance of this
161	161	Act, has been published as provided by law, and the notice and a
162	162	copy of this Act have been furnished to all persons, agencies,
163	163	officials, or entities to which they are required to be furnished
164	164	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
165	165	Government Code.
166	166	(b) The governor, one of the required recipients, has
167	167	submitted the notice and Act to the Texas Commission on
168	168	Environmental Quality.
169	169	(c) The Texas Commission on Environmental Quality has filed
170	170	its recommendations relating to this Act with the governor, the
171	171	lieutenant governor, and the speaker of the house of
172	172	representatives within the required time.
173	173	(d) All requirements of the constitution and laws of this
174	174	state and the rules and procedures of the legislature with respect
175	175	to the notice, introduction, and passage of this Act are fulfilled
176	176	and accomplished.
177	177	SECTION 15. This Act takes effect immediately if it
178	178	receives a vote of two-thirds of all the members elected to each
179	179	house, as provided by Section 39, Article III, Texas Constitution.
180	180	If this Act does not receive the vote necessary for immediate
181	181	effect, this Act takes effect September 1, 2009.
182	182	* * * * *