Texas 2009 - 81st Regular

Texas Senate Bill SB2319 Compare Versions

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1	1	By: Averitt S.B. No. 2319
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of a groundwater conservation district in
7	7	a priority groundwater management area.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 35.012, Water Code, is amended by
10	10	amending Subsections (b) and (c) and adding Subsections (d) through
11	11	(f) to read as follows:
12	12	(b) Except as provided under Section 35.013, within
13	13	[Within] two years, but no sooner than 120 days, from the date on
14	14	which the commission issues an order under Section 35.008
15	15	designating a priority groundwater management area, for those areas
16	16	that are not within a district, the commission shall[:
17	17	[(1)] create one or more new districts under Section
18	18	36.0151[;
19	19	[(2) recommend that the areas, or a portion of the
20	20	areas, be added to an existing district under Section 35.013; or
21	21	[(3) take any combination of the actions under
22	22	Subdivisions (1) and (2)].
23	23	(c) Except as provided by Subsection (d), a district created
24	24	under Section 36.0151 must be composed of territory within two or
25	25	more contiguous counties, unless the commission determines that a
26	26	district composed of territory within noncontiguous counties will
27	27	result in more effective or efficient groundwater management than
28	28	other legal options available to the commission.
29	29	(d) A district created under Section 36.0151 may be composed
30	30	of territory that exists within the boundaries of a single county
31	31	only if:
32	32	(1) the territory within the single county is the only
33	33	area within the designated priority groundwater management area
34	34	that is not within a district; or
35	35	(2) there are other areas within the designated
36	36	priority groundwater management area, but:
37	37	(A) the other areas are not contiguous to the
38	38	territory; and
39	39	(B) the commission determines that creating a
40	40	single district composed of two or more of the noncontiguous areas,
41	41	including the territory, would result in less effective or less
42	42	efficient management of groundwater resources in the territory than
43	43	creating a district composed of the territory within the single
44	44	county.
45	45	(e) For purposes of this section, the commission may
46	46	consider territory in two separately designated priority
47	47	groundwater management areas to be within the same designated
48	48	priority groundwater management area if:
49	49	(1) the priority groundwater management areas share a
50	50	common boundary and one or more common aquifers; and
51	51	(2) the commission determines that a district composed
52	52	of territory within the two areas will result in more effective or
53	53	efficient groundwater management than other legal options
54	54	available to the commission.
55	55	(f) Following the issuance of a commission order under
56	56	Section 35.008, the Texas Agricultural Extension Service shall
57	57	begin an educational program within such areas with the assistance
58	58	and cooperation of the Texas Water Development Board, the
59	59	commission, the Department of Agriculture, other state agencies,
60	60	and existing districts to inform the residents of the status of the
61	61	area's water resources and management options including possible
62	62	formation of a district. The county commissioners court of each
63	63	county in the priority groundwater management area shall form a
64	64	steering committee to provide assistance to the Texas Agricultural
65	65	Extension Service in accomplishing the goals of the education
66	66	program within the area.
67	67	SECTION 2. Subsections (b), (c), (h), and (i), Section
68	68	35.013, Water Code, are amended to read as follows:
69	69	(b) The commission shall submit a copy of the order to the
70	70	board of the district to which it is recommending the priority
71	71	groundwater management area be added. The board shall vote not
72	72	later than the 120th day after receiving the copy of the order from
73	73	the commission on the addition of the priority groundwater
74	74	management area to the district and shall advise the commission of
75	75	the outcome.
76	76	(c) If the board votes to accept the addition of the
77	77	priority groundwater management area to the district, the board:
78	78	(1) may request the Texas Agricultural Extension
79	79	Service, the commission, and the Texas Water Development Board,
80	80	with the cooperation and assistance of the Department of
81	81	Agriculture and other state agencies, to administer an educational
82	82	program to inform the residents of the status of the area's water
83	83	resources and management options including possible annexation
84	84	into a district;
85	85	(2) shall call an election to be held not later than
86	86	the 270th day after the date of the board's vote under Subsection
87	87	(b) within the priority groundwater management area, or portion of
88	88	the priority groundwater management area, as delineated by the
89	89	commission to determine whether [if] the priority groundwater
90	90	management area will be added to the district; and
91	91	(3) shall designate election precincts and polling
92	92	places for the elections in the order calling an election under this
93	93	subsection.
94	94	(h) If the proposition is defeated, or if the board of the
95	95	existing district votes not to accept the addition of the area to
96	96	the district, then the commission shall, except as provided under
97	97	Subsection (i), create under Section 36.0151 one or more districts
98	98	covering the priority groundwater management area not later than
99	99	the later of:
100	100	(1) the second anniversary of the date on which the
101	101	commission issued its order under Section 35.008 designating a
102	102	priority groundwater management area; or
103	103	(2) the 180th day after the date described under
104	104	Subdivision (1) if the legislature is in session on the date
105	105	described under Subdivision (1) and a bill has been filed and is
106	106	pending before the legislature to create a district in all or part
107	107	of the area or to add all or part of the area to an existing district
108	108	[the first anniversary of the date on which the proposition is
109	109	defeated or the board votes not to accept the area].
110	110	(i) In creating a district under Section 36.0151, the
111	111	commission may modify the recommendation issued in its order for
112	112	district creation under Section 35.008 to reflect the failure of an
113	113	area to be added to an existing district or to account for the
114	114	creation of any new districts or the addition of any other territory
115	115	in the priority groundwater management area to an existing district
116	116	during the intervening period, provided, however, that such
117	117	modification does not affect the deadlines for district creation
118	118	under Section 35.012 or this section. For an area that is not
119	119	feasible for the creation of one or more districts as determined in
120	120	the commission's findings under Section 35.008, the commission
121	121	shall include in its report under Section 35.018 recommendations
122	122	for the future management of the priority groundwater management
123	123	area.
124	124	SECTION 3. Notwithstanding Section 35.012, Water Code, as
125	125	amended by this Act, and Section 36.0151, Water Code, the Texas
126	126	Commission on Environmental Quality may not create a groundwater
127	127	conservation district under Section 36.0151, Water Code, before
128	128	September 1, 2011, in territory that exists within the boundaries
129	129	of a single county in which total surface water use is more than 50
130	130	times the total groundwater production and that is located in a
131	131	priority groundwater management area.
132	132	SECTION 4. This Act takes effect immediately if it receives
133	133	a vote of two-thirds of all the members elected to each house, as
134	134	provided by Section 39, Article III, Texas Constitution. If this
135	135	Act does not receive the vote necessary for immediate effect, this
136	136	Act takes effect September 1, 2009.