85R2335 SLB-D
By: Isaac H.B. No. 3677
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Heart of Texas Aquifer District and
the dissolution of certain groundwater conservation districts;
providing authority to issue bonds; providing authority to impose
assessments, fees, or surcharges.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CREATION OF DISTRICT
SECTION 1.1. CREATION OF DISTRICT. Subtitle H, Title 6,
Special District Local Laws Code, is amended by adding Chapter 8892
to read as follows:
CHAPTER 8892. HEART OF TEXAS AQUIFER DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8892.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Heart of Texas Aquifer
District.
Sec. 8892.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Comal County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8892.003. INITIAL DISTRICT TERRITORY. The initial
territory of the district:
(1) consists of the territory of the following
counties except as provided by Subdivision (2):
(A) Blanco;
(B) Burnet;
(C) Comal;
(D) Hays; and
(E) Kendall; and
(2) does not include territory included inside the
territorial boundaries of the following districts as those
boundaries are established on September 1, 2017:
(A) the Barton Springs-Edwards Aquifer
Conservation District;
(B) the Edwards Aquifer Authority; or
(C) the Plum Creek Conservation District.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8892.051. COMPOSITION OF BOARD. The district is
governed by a board of five appointed directors.
Sec. 8892.052. TERMS AND APPOINTMENT OF DIRECTORS.
Directors serve staggered four-year terms. Directors are appointed
as follows:
(1) one director appointed by the Blanco County
Commissioners Court;
(2) one director appointed by the Burnet County
Commissioners Court;
(3) one director appointed by the Comal County
Commissioners Court;
(4) one director appointed by the Hays County
Commissioners Court; and
(5) one director appointed by the Kendall County
Commissioners Court.
Sec. 8892.053. VACANCIES. If there is a vacancy on the
board, the commissioners court of the county that appointed the
director whose position has become vacant shall appoint a person to
fill the vacancy for the remainder of the term.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8892.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. The district has the rights, powers, privileges,
functions, and duties provided by the general law of this state,
including Chapter 36, Water Code, applicable to groundwater
conservation districts created under Section 59, Article XVI, Texas
Constitution.
Sec. 8892.102. CONTRACTS. The district may contract with a
state agency or political subdivision, including a municipality, a
county, a river authority, or another district, to carry out any
function of the district.
SECTION 1.2. APPOINTMENT OF DIRECTORS. Not later than
September 1, 2018, the county commissioners courts of Blanco,
Burnet, Comal, Hays, and Kendall Counties each shall appoint a
member of the board of directors of the Heart of Texas Aquifer
District as required by Section 8892.052, Special District Local
Laws Code, as added by this Act.
ARTICLE 2. TRANSFERS; DISSOLUTION OF DISTRICTS; REPEALER
SECTION 2.1. DEFINITIONS. In this article:
(1) "Aquifer district" means the Heart of Texas
Aquifer District.
(2) "Districts" means the following:
(A) the Blanco-Pedernales Groundwater
Conservation District;
(B) the Central Texas Groundwater Conservation
District;
(C) the Comal Trinity Groundwater Conservation
District;
(D) the Cow Creek Groundwater Conservation
District; and
(E) the Hays Trinity Groundwater Conservation
District.
SECTION 2.2. TRANSFERS. (a) Not earlier than September 1,
2018, and not later than December 1, 2018, each of the districts
shall:
(1) transfer the district's assets, debts, and
contractual rights and obligations to the aquifer district; and
(2) provide notice and make recordings of the
transfers under this section as required by the Water Code,
Property Code, and other law.
(b) On December 1, 2018, the powers, functions, and duties
of the districts are transferred to the aquifer district.
SECTION 2.3. PROHIBITION ON CERTAIN ACTIONS. (a) Before
December 1, 2018, the board of directors of the aquifer district:
(1) may not take any regulatory action under Chapter
36, Water Code;
(2) shall adopt rules for the administration of the
aquifer district under Chapter 36, Water Code; and
(3) may hire employees of the aquifer district.
(b) On and after December 1, 2018, the districts have no
authority to take any action under Chapter 36, Water Code.
SECTION 2.4. DISSOLUTION OF CERTAIN DISTRICTS. On January
1, 2019:
(1) the districts are dissolved;
(2) the terms of the directors of the districts
expire; and
(3) the aquifer district shall provide to the Texas
Commission on Environmental Quality notice of the dissolution of
the districts.
SECTION 2.5. REPEALER. On January 1, 2019:
(1) Chapter 1147 (H.B. 3229), Acts of the 78th
Legislature, Regular Session, 2003, is repealed; and
(2) the following chapters of the Special District
Local Laws Code are repealed:
(A) Chapter 8810;
(B) Chapter 8838;
(C) Chapter 8843; and
(D) Chapter 8875.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.1. EFFECTIVE DATE. This Act takes effect
September 1, 2017.