Texas 2011 - 82nd Regular

Texas House Bill HB2113 Compare Versions

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1	1	82R8551 SLB-F
2	2	By: Price H.B. No. 2113
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of a groundwater conservation district in
8	8	a priority groundwater management area.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 35.012, Water Code, is amended by adding
11	11	Subsections (b-1), (b-2), and (b-3) to read as follows:
12	12	(b-1) Except as provided by Subsection (b-2), a district
13	13	created under Subchapter B, Chapter 36, must be composed of
14	14	territory in two or more contiguous counties, unless the commission
15	15	determines that a district composed of territory in noncontiguous
16	16	counties will result in more effective or efficient groundwater
17	17	management than other options available to the commission.
18	18	(b-2) A district created under Section 36.0151 may be
19	19	composed of territory that exists in a single county only if:
20	20	(1) the territory in the county is the only area in the
21	21	designated priority groundwater management area that is not in a
22	22	district; or
23	23	(2) there are other areas in the designated priority
24	24	groundwater management area, but:
25	25	(A) the other areas are not contiguous to the
26	26	territory; and
27	27	(B) the commission determines that creating a
28	28	single district composed of two or more of the noncontiguous areas,
29	29	including the territory, would result in less effective or less
30	30	efficient management of groundwater resources in the territory than
31	31	creating a district composed of the territory in the single county.
32	32	(b-3) For purposes of this section, the commission may
33	33	consider territory in two separately designated priority
34	34	groundwater management areas to be in the same designated priority
35	35	groundwater management area if:
36	36	(1) the two areas share a common boundary and one or
37	37	more common aquifers; and
38	38	(2) the commission determines that a district composed
39	39	of territory in the two areas will result in more effective or
40	40	efficient groundwater management than other options available to
41	41	the commission.
42	42	SECTION 2. Sections 36.012(a) and (b), Water Code, are
43	43	amended to read as follows:
44	44	(a) A district may include all or part of two [one] or more
45	45	counties, and one or more municipalities [cities], districts, or
46	46	other political subdivisions.
47	47	(b) A district must be composed of territory in two or more
48	48	contiguous counties, unless the commission determines that a
49	49	district composed of territory in noncontiguous counties will
50	50	result in more effective or efficient groundwater management than
51	51	other options available to the commission [A district may not
52	52	include territory located in more than one county except on a
53	53	majority vote of the voters residing within the territory in each
54	54	county sought to be included in the district at an election called
55	55	for that purpose].
56	56	SECTION 3. Section 35.012(b-1), Water Code, as added by
57	57	this Act, and Section 36.012, Water Code, as amended by this Act,
58	58	apply only to a district created on or after the effective date of
59	59	this Act.
60	60	SECTION 4. This Act takes effect immediately if it receives
61	61	a vote of two-thirds of all the members elected to each house, as
62	62	provided by Section 39, Article III, Texas Constitution. If this
63	63	Act does not receive the vote necessary for immediate effect, this
64	64	Act takes effect September 1, 2011.