81R25373 PMO-D
By: Watson S.B. No. 2474
Substitute the following for S.B. No. 2474:
By: Frost C.S.S.B. No. 2474
A BILL TO BE ENTITLED
AN ACT
relating to changes in the territory, board of directors, and water
use fees of the Barton Springs-Edwards Aquifer Conservation
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DISTRICT TERRITORY; RATIFICATION ELECTION
SECTION 1.01. Section 8802.003, Special District Local Laws
Code, is amended to read as follows:
Sec. 8802.003. DISTRICT TERRITORY. (a) The district is
composed of the territory described by the Texas Water Commission's
August 15, 1986, order, as that territory may have been modified
under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law.
(b) In addition, the district includes the territory
described by Section 2.01 of the Act enacting this subsection.
SECTION 1.02. Subchapter A, Chapter 8802, Special District
Local Laws Code, is amended by adding Section 8802.005 to read as
follows:
Sec. 8802.005. RATIFICATION ELECTION. (a) Before August 31,
2011, the board of directors shall hold an election to ratify the
annexation of the territory described by Section 2.02 of the Act
enacting this subsection. If a majority of the voters voting at the
election do not vote in favor of ratifying the annexation, the board
may hold another election for the same purpose.
(b) Except as provided by this section, a ratification
election must be conducted as provided by Section 36.328, Water
Code, and the Election Code.
(c) This section expires September 1, 2011.
SECTION 1.03. Section 8802.053, Special District Local Laws
Code, is amended by amending Subsection (c) and adding Subsection
(c-1) to read as follows:
(c) As soon as practicable after the publication of each
federal decennial census, the board shall revise the single-member
districts as the board considers appropriate to reflect population
changes.
(c-1) When the board revises the single-member districts
[under this subsection], the board shall place two of the districts
wholly within the territory described by Section 2.04 of the Act
amending Subsection (c) and adding this subsection[:
[(1) entirely within the boundaries of the city of
Austin, as those boundaries exist at that time; or
[(2) within the boundaries of the city of Austin, as
those boundaries exist at that time, but also including
unincorporated areas or other municipalities that are surrounded
wholly or partly by the boundaries of the city of Austin if the
areas or municipalities are noncontiguous to the territory of any
other single-member district].
SECTION 1.04. Subchapter B, Chapter 8802, Special District
Local Laws Code, is amended by adding Section 8802.054 to read as
follows:
Sec. 8802.054. APPLICABILITY OF OTHER LAW. Section 36.059,
Water Code, does not apply to the district.
SECTION 1.05. Sections 8802.051(b) and 8802.053(d),
Special District Local Laws Code, are repealed.
SECTION 1.06. This article takes effect September 1, 2009.
ARTICLE 1A. FEES; DIRECTORS AND TERRITORY CONTINGENT ON ANNEXATION
SECTION 1A.01. This article takes effect only if the
annexation of the territory described by Section 2.02 of this Act is
ratified at an election held under Section 8802.005, Special
District Local Laws Code, as added by Article 1 of this Act. If the
annexation of the territory described by Section 2.02 of this Act is
not ratified, this article has no effect.
SECTION 1A.02. Section 8802.003, Special District Local
Laws Code, is amended by adding Subsection (c) to read as follows:
(c) In addition, the district includes the territory
described by Section 2.02 of the Act enacting this subsection.
SECTION 1A.03. Subchapter B, Chapter 8802, Special District
Local Laws Code, is amended by adding Sections 8802.0511, 8802.054,
and 8802.055 to read as follows:
Sec. 8802.0511. DIRECTORS; TERMS. (a) The district is
governed by a board of seven directors who serve staggered
four-year terms.
(b) Three directors must be elected by voters residing in
the territory described by Section 2.03 of the Act enacting this
subsection.
(c) Four directors must be elected by voters of the district
who reside outside the territory described by Section 2.03 of the
Act enacting this subsection.
Sec. 8802.054. SINGLE-MEMBER DISTRICTS. (a) The district
is divided into seven numbered, single-member districts for
electing directors.
(b) The board may revise the single-member districts as
necessary or appropriate.
(c) When the board revises the single-member districts, the
board shall place three of the districts entirely inside and four of
the districts entirely outside the territory described by Section
2.03 of the Act enacting this subsection.
(d) When the boundaries of the single-member districts are
changed, a director in office on the effective date of the change,
or elected or appointed before the effective date of the change to a
term of office beginning on or after the effective date of the
change, is entitled to serve the term or the remainder of the term
in the numbered single-member district to which elected or
appointed even though the change in boundaries places the person's
residence outside the numbered single-member district for which the
person was elected or appointed.
(e) At the first regularly scheduled election of directors
after the board of the district is expanded from five to seven
directors, directors elected to fill any vacant director positions
shall draw lots to determine which of those directors shall serve a
two-year term and which shall serve a four-year term. Lots must be
determined so that not more than four directors' terms expire in any
even-numbered year.
Sec. 8802.055. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
Not later than three months after the date of the election under
Section 8802.005, the board shall appoint two temporary directors
to the board to represent the territory the annexation of which was
ratified at the election.
(b) The temporary directors shall serve at large until the
next general election of directors of the district under Section
8802.052.
SECTION 1A.04. Section 8802.105(a), Special District Local
Laws Code, is amended to read as follows:
(a) Each year the board may assess against the City of
Austin a water use fee in an amount not to exceed the lesser of
$900,000 or 60 percent of the total funding the district expects to
receive for the next fiscal year from water use fees assessed
against Austin and other nonexempt users in that year as computed [,
subject to the computation] under Subsection (b).
SECTION 1A.05. Sections 8802.051 and 8802.053, Special
District Local Laws Code, are repealed.
SECTION 1A.06. (a) Except as provided by Section 1A.01 of
this Act, this article takes effect on the date the annexation of
the territory described by Section 2.02 of this Act is ratified at
an election held under Section 8802.005, Special District Local
Laws Code, as added by Article 1 of this Act.
(b) If the annexation of territory is ratified at an
election described by Subsection (a) of this section, the board of
directors of the Barton Springs-Edwards Aquifer Conservation
District shall notify the Texas Commission on Environmental Quality
of the changes in territory and board members.
ARTICLE 2. DESCRIPTION OF TERRITORIES
SECTION 2.01. The territory annexed to the Barton
Springs-Edwards Aquifer Conservation District under Section
8802.003(b), Special District Local Laws Code, as added by Section
1.01 of this Act, is described as follows:
(1) 1.8750 acres described as Lot 1, Block 1 of Vanisha
Development Subdivision, as recorded in Book No. 14, Pages 98-99,
Hays County, Texas;
(2) 21.003 acres of land situated in the Thomas G. Allen
Survey, Hays County, Texas, being a portion of that certain tract of
land in a deed to South Corridor Park, Ltd., recorded in Document
No. 00025896, Hays County, Texas; and
(3) 24.628 acres of land situated in the Elisha Pruett
Survey, Abstract 23, described in a deed to Hays Consolidated
Independent School District, recorded in Document No. 05001881,
Hays County, Texas.
SECTION 2.02. The territory annexed to the Barton
Springs-Edwards Aquifer Conservation District if ratified at an
election under Section 8802.005, Special District Local Laws Code,
as added by Article 1 of this Act, is described as follows:
(1) Beginning at the current eastern district boundary and
the Colorado River, running east along the Colorado River to a point
where the district boundary intersects Interstate Highway 35, then
south along Interstate Highway 35 to William Cannon Drive, then
west along Old Lockhart Road, then north on Congress Avenue, then
west on Ben White Boulevard, then north on South First Street, then
east on Elizabeth Street, then north on Congress Avenue following
along the district boundary to the place of beginning; and
(2) Beginning at the current western district boundary and
the Colorado River, then following westerly along the southern
border of the Colorado River to a point due north of the
intersection of Weston Lane and Brightman Lane, then south on that
line to said intersection, then south on Weston Lane to its
intersection with FM 2244, then west on FM 2244 to its intersection
with State Highway 71, then west on State Highway 71 until the
intersection with the extraterritorial jurisdiction limits of the
City of Bee Cave as of the date of the ratification election under
Section 8802.005, Special District Local Laws Code, then generally
south and west following the extraterritorial jurisdiction limits
of the City of Bee Cave, to exclude the City of Bee Cave and its
extraterritorial jurisdiction as of the date of the ratification
election under Section 8802.005, Special District Local Laws Code,
until it intersects with State Highway 71, then west on Highway 71
until it intersects with Bee Creek Road, then north on Bee Creek
Road until it intersects with Siesta Shores Drive, then due east
from that intersection to the southern boundary of Lake Travis,
then following the southern boundary of Lake Travis until it
intersects the Blanco County line, then following the Blanco County
line until it intersects the Hays County line, then east along the
Hays County line until its intersection of the district boundary
existing before the effective date of this Act, then north
following the western district boundary to the Colorado River, the
point of beginning.
(3) Any boundary reference to a highway, street, road,
avenue, boulevard, or lane shall mean the center line of the
boundary.
SECTION 2.03. If the annexation of territory is ratified by
an election held under Section 8802.005, Special District Local
Laws Code, as added by Article 1 of this Act, the territory for
certain voting districts under Sections 8802.0511(a) and (b) and
Section 8802.054(c), Special District Local Laws Code, as added by
Article 1A of this Act, is described as follows:
(1) Beginning at a point where Interstate Highway 35 crosses
the Colorado River in Travis County, then south along Interstate
Highway 35 to Slaughter Lane, then west along Slaughter Lane to FM
1826, then north along FM 1826 to U.S. Highway 290, then east along
U.S. Highway 290 to Old Bee Cave Road, then northwest along Old Bee
Cave Road to Travis Cook Road, then north along Travis Cook Road to
Barton Creek Boulevard, then north along Barton Creek Boulevard to
FM 2244, then west along FM 2244 to Weston Lane, then north along
Weston Lane to Brightman Lane, then due north from that
intersection to the Colorado River, then east along the Colorado
River to the place of the beginning.
(2) Any boundary reference to a highway, street, road,
avenue, boulevard, or lane shall mean the center line of the
boundary.
SECTION 2.04. The territory for voting districts under
Section 8802.053(c-1), Special District Local Laws Code, as added
by Section 1.03 of this Act, is described as follows:
(1) Beginning at the eastern district boundary and the
Colorado River, then south along the eastern district boundary to
the intersection of Interstate Highway 35 and Slaughter Lane; then
west along Slaughter Lane to the district boundary, then north
along the district boundary to the Colorado River, then east along
the Colorado River following the district boundary to the point of
the beginning.
(2) Any boundary reference to a highway, street, road,
avenue, boulevard, or lane shall mean the center line of the
boundary.
ARTICLE 3. JURISDICTIONAL CONFLICT
SECTION 3.01. The Edwards Aquifer Authority maintains sole
authority to regulate and manage the San Antonio segment of the
Edwards Aquifer.
ARTICLE 4. INTENT, NOTICE, AND EFFECTIVE DATE
SECTION 4.01. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor has submitted the notice and Act to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4.02. Except as provided by Section 1.06, 1A.01, or
1A.06 of this Act, this Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009, except as provided by Section
1A.01 or 1A.06 of this Act.