84R7594 SGA-F
By: Campbell S.B. No. 1440
A BILL TO BE ENTITLED
AN ACT
relating to the territory and authority of the Barton
Springs-Edwards Aquifer Conservation District to regulate certain
wells for the production of groundwater.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 8802, Special District
Local Laws Code, is amended by adding Section 8802.0035 to read as
follows:
Sec. 8802.0035. SHARED TERRITORY; JURISDICTION. (a) The
territory of the district includes any territory that is:
(1) inside the boundaries of the Edwards Aquifer
Authority; and
(2) in Hays County.
(b) The Edwards Aquifer Authority has jurisdiction over any
well that is drilled to produce water from the Edwards Aquifer in
the shared territory described by Subsection (a).
(c) The district has jurisdiction over any well that is
drilled to produce water from any aquifer other than the Edwards
Aquifer in the shared territory described by Subsection (a).
(d) The district has jurisdiction over any well that is
drilled to produce water from the Edwards Aquifer or any other
aquifer in the territory described by Section 8802.003.
SECTION 2. As soon as practicable after the effective date
of this Act, and in conformance with the requirements of Section
8802.053, Special District Local Laws Code, the board of directors
of the Barton Springs-Edwards Aquifer Conservation District shall
revise the single-member districts as the board considers
appropriate to reflect the changes in territory made by Section
8802.0035, Special District Local Laws Code, as added by this Act.
SECTION 3. (a) The legislature validates and confirms all
acts and proceedings of the board of directors of the Barton
Springs-Edwards Aquifer Conservation District that were taken
before the effective date of this Act.
(b) Subsection (a) of this section does not apply to any
matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(2) has been held invalid by a final judgment of a
court.
SECTION 4. (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, one of the required recipients, 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 5. 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, 2015.