By: Hilderbran (Senate Sponsor - Fraser) H.B. No. 3898
(In the Senate - Received from the House May 14, 2013;
May 14, 2013, read first time and referred to Committee on Natural
Resources; May 17, 2013, reported favorably by the following vote:
Yeas 8, Nays 0; May 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to water districts in Bandera County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8872 to read as follows:
CHAPTER 8872. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8872.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Bandera County River
Authority and Groundwater District.
Sec. 8872.002. NATURE OF DISTRICT. The district is a
groundwater conservation district and water control and
improvement district created under Section 59, Article XVI, Texas
Constitution.
Sec. 8872.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of a
water control and improvement district and a groundwater
conservation district, as provided by general law and Section 59,
Article XVI, Texas Constitution.
Sec. 8872.004. DISTRICT TERRITORY. The boundaries of the
district are coextensive with the boundaries of Bandera County,
Texas.
[Sections 8872.005-8872.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8872.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of nine directors.
(b) Directors serve staggered four-year terms.
Sec. 8872.052. ELECTION OF DIRECTORS. Two directors are
elected from each commissioners precinct. One director is elected
at large.
Sec. 8872.053. ELECTION DATE. Every two years an election
shall be held on the uniform election date in November to elect the
appropriate number of directors.
[Sections 8872.054-8872.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8872.101. GROUNDWATER CONSERVATION DISTRICT POWERS.
The district has the powers and duties provided by the general law
of this state, including Chapter 36, Water Code, and Section 59,
Article XVI, Texas Constitution, applicable to groundwater
conservation districts.
Sec. 8872.102. LIMIT ON WATER CONTROL AND IMPROVEMENT
DISTRICT POWERS. The district may exercise the powers of a water
control and improvement district, including the powers provided by
Chapters 49 and 51, Water Code, in any area of the district except
an area that is included in the territory of the Bandera County
Fresh Water Supply District No. 1.
Sec. 8872.103. CONFLICT OF LAWS. To the extent of a
conflict between Chapter 36 and another chapter of the Water Code
applicable to the district, Chapter 36 prevails.
SECTION 2. The following are repealed:
(1) Chapter 629, Acts of the 62nd Legislature, Regular
Session, 1971; and
(2) Chapter 654, Acts of the 71st Legislature, Regular
Session, 1989.
SECTION 3. The term of a director elected to the board of
the Bandera County River Authority and Groundwater District in May
2011 expires on December 1, 2014, and the term of a director elected
to the board in May 2013 expires December 1, 2016.
SECTION 4. (a) The legislature finds that the Bandera
County River Authority and Groundwater District was originally
created by Chapter 629, Acts of the 62nd Legislature, Regular
Session, 1971, as the Bandera County River Authority, and then
modified or merged by Chapter 654, Acts of the 71st Legislature,
Regular Session, 1989, as the Springhills Water Management
District.
(b) The legislature further finds that the Springhills
Water Management District was renamed the Bandera County River
Authority and Groundwater District in 2003.
SECTION 5. (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, the
lieutenant governor, and the 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 6. This Act takes effect September 1, 2013.
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