85R26851 SLB-D
By: Kacal H.B. No. 4122
Substitute the following for H.B. No. 4122:
By: Larson C.S.H.B. No. 4122
A BILL TO BE ENTITLED
AN ACT
relating to the transference of certain territory from one
groundwater conservation district to another.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 36, Water Code, is amended by adding
Subchapter J-1 to read as follows:
SUBCHAPTER J-1. TRANSFER OF CERTAIN TERRITORY
Sec. 36.341. PETITION TO TRANSFER. The owner of a
contiguous parcel of land that is greater than 1,000 acres in area
and is included in the territory of two or more groundwater
conservation districts by a petition presented to the districts may
request that the districts transfer portions of their territories
as necessary for the entire parcel to be included in the territory
of a single district only if:
(1) the districts in which the parcel of land is
located have regulatory authority over the same aquifer or
subdivision of an aquifer that underlies the parcel of land;
(2) the district to which the owner of the land
petitions the parcel of land to be transferred contains the portion
of the parcel of land with the greatest amount of taxable value of
property compared to each other portion of the parcel of land that
is located in another district;
(3) none of the land included in the parcel has been
transferred under this subchapter by a previous petition; and
(4) all of the districts in which the parcel is located
agree to the transfer.
Sec. 36.342. REQUIREMENTS FOR PETITION. (a) A petition
submitted under this subchapter must accurately describe the
boundaries of the parcel. The petitioner must provide a copy of the
petition to each district in which the land described by Section
36.341 is located.
(b) The petition must:
(1) state the taxable value of the portion of the
parcel of land in each district; and
(2) contain a statement from the district proposed to
receive the portion of the parcel of land that the district is
willing to accept the land.
Sec. 36.343. ACTIONS ON RECEIVING PETITION. (a) Each
district, on receiving a petition under this subchapter, may enter
into an agreement with the other district or districts to
effectuate the transfer of territory as requested and within a
reasonable period of time. If a district from which territory is to
be removed under this section has outstanding debt or obligations,
that district and the district to which the territory is to be added
shall include in the agreement terms that ensure that the debts of
the originating district are not impaired by the transfer of the
territory.
(b) On entering the agreement, the districts shall adopt a
joint resolution approving the petition. The resolution must
provide the date on which the transfer is to be effective. On that
date, the requested land is annexed to the territory of the district
that is proposed to receive the land.
Sec. 36.344. NOTIFICATION OF COMMISSION. Each district
that adds or removes territory under this subchapter shall notify
the commission of the change in territory.
SECTION 2. This Act takes effect January 1, 2018.