82R8551 SLB-F
By: Price H.B. No. 2113
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a groundwater conservation district in
a priority groundwater management area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 35.012, Water Code, is amended by adding
Subsections (b-1), (b-2), and (b-3) to read as follows:
(b-1) Except as provided by Subsection (b-2), a district
created under Subchapter B, Chapter 36, must be composed of
territory in two or more contiguous counties, unless the commission
determines that a district composed of territory in noncontiguous
counties will result in more effective or efficient groundwater
management than other options available to the commission.
(b-2) A district created under Section 36.0151 may be
composed of territory that exists in a single county only if:
(1) the territory in the county is the only area in the
designated priority groundwater management area that is not in a
district; or
(2) there are other areas in the designated priority
groundwater management area, but:
(A) the other areas are not contiguous to the
territory; and
(B) the commission determines that creating a
single district composed of two or more of the noncontiguous areas,
including the territory, would result in less effective or less
efficient management of groundwater resources in the territory than
creating a district composed of the territory in the single county.
(b-3) For purposes of this section, the commission may
consider territory in two separately designated priority
groundwater management areas to be in the same designated priority
groundwater management area if:
(1) the two areas share a common boundary and one or
more common aquifers; and
(2) the commission determines that a district composed
of territory in the two areas will result in more effective or
efficient groundwater management than other options available to
the commission.
SECTION 2. Sections 36.012(a) and (b), Water Code, are
amended to read as follows:
(a) A district may include all or part of two [one] or more
counties, and one or more municipalities [cities], districts, or
other political subdivisions.
(b) A district must be composed of territory in two or more
contiguous counties, unless the commission determines that a
district composed of territory in noncontiguous counties will
result in more effective or efficient groundwater management than
other options available to the commission [A district may not
include territory located in more than one county except on a
majority vote of the voters residing within the territory in each
county sought to be included in the district at an election called
for that purpose].
SECTION 3. Section 35.012(b-1), Water Code, as added by
this Act, and Section 36.012, Water Code, as amended by this Act,
apply only to a district created on or after the effective date of
this Act.
SECTION 4. 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, 2011.