Texas 2017 - 85th Regular

Texas House Bill HB3677 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2335 SLB-D
2	2	By: Isaac H.B. No. 3677
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Heart of Texas Aquifer District and
8	8	the dissolution of certain groundwater conservation districts;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, or surcharges.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. CREATION OF DISTRICT
13	13	SECTION 1.1. CREATION OF DISTRICT. Subtitle H, Title 6,
14	14	Special District Local Laws Code, is amended by adding Chapter 8892
15	15	to read as follows:
16	16	CHAPTER 8892. HEART OF TEXAS AQUIFER DISTRICT
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8892.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the board of directors of the
20	20	district.
21	21	(2) "Director" means a member of the board.
22	22	(3) "District" means the Heart of Texas Aquifer
23	23	District.
24	24	Sec. 8892.002. NATURE OF DISTRICT. The district is a
25	25	groundwater conservation district in Comal County created under and
26	26	essential to accomplish the purposes of Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. 8892.003. INITIAL DISTRICT TERRITORY. The initial
29	29	territory of the district:
30	30	(1) consists of the territory of the following
31	31	counties except as provided by Subdivision (2):
32	32	(A) Blanco;
33	33	(B) Burnet;
34	34	(C) Comal;
35	35	(D) Hays; and
36	36	(E) Kendall; and
37	37	(2) does not include territory included inside the
38	38	territorial boundaries of the following districts as those
39	39	boundaries are established on September 1, 2017:
40	40	(A) the Barton Springs-Edwards Aquifer
41	41	Conservation District;
42	42	(B) the Edwards Aquifer Authority; or
43	43	(C) the Plum Creek Conservation District.
44	44	SUBCHAPTER B. BOARD OF DIRECTORS
45	45	Sec. 8892.051. COMPOSITION OF BOARD. The district is
46	46	governed by a board of five appointed directors.
47	47	Sec. 8892.052. TERMS AND APPOINTMENT OF DIRECTORS.
48	48	Directors serve staggered four-year terms. Directors are appointed
49	49	as follows:
50	50	(1) one director appointed by the Blanco County
51	51	Commissioners Court;
52	52	(2) one director appointed by the Burnet County
53	53	Commissioners Court;
54	54	(3) one director appointed by the Comal County
55	55	Commissioners Court;
56	56	(4) one director appointed by the Hays County
57	57	Commissioners Court; and
58	58	(5) one director appointed by the Kendall County
59	59	Commissioners Court.
60	60	Sec. 8892.053. VACANCIES. If there is a vacancy on the
61	61	board, the commissioners court of the county that appointed the
62	62	director whose position has become vacant shall appoint a person to
63	63	fill the vacancy for the remainder of the term.
64	64	SUBCHAPTER C. POWERS AND DUTIES
65	65	Sec. 8892.101. GROUNDWATER CONSERVATION DISTRICT POWERS
66	66	AND DUTIES. The district has the rights, powers, privileges,
67	67	functions, and duties provided by the general law of this state,
68	68	including Chapter 36, Water Code, applicable to groundwater
69	69	conservation districts created under Section 59, Article XVI, Texas
70	70	Constitution.
71	71	Sec. 8892.102. CONTRACTS. The district may contract with a
72	72	state agency or political subdivision, including a municipality, a
73	73	county, a river authority, or another district, to carry out any
74	74	function of the district.
75	75	SECTION 1.2. APPOINTMENT OF DIRECTORS. Not later than
76	76	September 1, 2018, the county commissioners courts of Blanco,
77	77	Burnet, Comal, Hays, and Kendall Counties each shall appoint a
78	78	member of the board of directors of the Heart of Texas Aquifer
79	79	District as required by Section 8892.052, Special District Local
80	80	Laws Code, as added by this Act.
81	81	ARTICLE 2. TRANSFERS; DISSOLUTION OF DISTRICTS; REPEALER
82	82	SECTION 2.1. DEFINITIONS. In this article:
83	83	(1) "Aquifer district" means the Heart of Texas
84	84	Aquifer District.
85	85	(2) "Districts" means the following:
86	86	(A) the Blanco-Pedernales Groundwater
87	87	Conservation District;
88	88	(B) the Central Texas Groundwater Conservation
89	89	District;
90	90	(C) the Comal Trinity Groundwater Conservation
91	91	District;
92	92	(D) the Cow Creek Groundwater Conservation
93	93	District; and
94	94	(E) the Hays Trinity Groundwater Conservation
95	95	District.
96	96	SECTION 2.2. TRANSFERS. (a) Not earlier than September 1,
97	97	2018, and not later than December 1, 2018, each of the districts
98	98	shall:
99	99	(1) transfer the district's assets, debts, and
100	100	contractual rights and obligations to the aquifer district; and
101	101	(2) provide notice and make recordings of the
102	102	transfers under this section as required by the Water Code,
103	103	Property Code, and other law.
104	104	(b) On December 1, 2018, the powers, functions, and duties
105	105	of the districts are transferred to the aquifer district.
106	106	SECTION 2.3. PROHIBITION ON CERTAIN ACTIONS. (a) Before
107	107	December 1, 2018, the board of directors of the aquifer district:
108	108	(1) may not take any regulatory action under Chapter
109	109	36, Water Code;
110	110	(2) shall adopt rules for the administration of the
111	111	aquifer district under Chapter 36, Water Code; and
112	112	(3) may hire employees of the aquifer district.
113	113	(b) On and after December 1, 2018, the districts have no
114	114	authority to take any action under Chapter 36, Water Code.
115	115	SECTION 2.4. DISSOLUTION OF CERTAIN DISTRICTS. On January
116	116	1, 2019:
117	117	(1) the districts are dissolved;
118	118	(2) the terms of the directors of the districts
119	119	expire; and
120	120	(3) the aquifer district shall provide to the Texas
121	121	Commission on Environmental Quality notice of the dissolution of
122	122	the districts.
123	123	SECTION 2.5. REPEALER. On January 1, 2019:
124	124	(1) Chapter 1147 (H.B. 3229), Acts of the 78th
125	125	Legislature, Regular Session, 2003, is repealed; and
126	126	(2) the following chapters of the Special District
127	127	Local Laws Code are repealed:
128	128	(A) Chapter 8810;
129	129	(B) Chapter 8838;
130	130	(C) Chapter 8843; and
131	131	(D) Chapter 8875.
132	132	ARTICLE 3. EFFECTIVE DATE
133	133	SECTION 3.1. EFFECTIVE DATE. This Act takes effect
134	134	September 1, 2017.