| 7 | 2 | | |
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| 8 | 3 | | |
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| 9 | 4 | | A BILL TO BE ENTITLED |
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| 10 | 5 | | AN ACT |
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| 11 | 6 | | relating to the transference of certain territory from one |
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| 12 | 7 | | groundwater conservation district to another. |
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| 13 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 9 | | SECTION 1. Chapter 36, Water Code, is amended by adding |
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| 15 | 10 | | Subchapter J-1 to read as follows: |
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| 16 | 11 | | SUBCHAPTER J-1. TRANSFER OF CERTAIN TERRITORY |
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| 17 | 12 | | Sec. 36.341. PETITION TO TRANSFER. The owner of a |
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| 18 | 13 | | contiguous parcel of land that is greater than 1,000 acres in area |
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| 19 | 14 | | and is included in the territory of two or more groundwater |
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| 20 | 15 | | conservation districts by a petition presented to the districts may |
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| 21 | 16 | | request that the districts transfer portions of their territories |
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| 22 | 17 | | as necessary for the entire parcel to be included in the territory |
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| 23 | 18 | | of a single district only if: |
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| 24 | 19 | | (1) the districts in which the parcel of land is |
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| 25 | 20 | | located have regulatory authority over the same aquifer or |
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| 26 | 21 | | subdivision of an aquifer that underlies the parcel of land; |
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| 27 | 22 | | (2) the district to which the owner of the land |
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| 28 | 23 | | petitions the parcel of land to be transferred contains the portion |
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| 29 | 24 | | of the parcel of land with the greatest amount of taxable value of |
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| 30 | 25 | | property compared to each other portion of the parcel of land that |
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| 31 | 26 | | is located in another district; |
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| 32 | 27 | | (3) none of the land included in the parcel has been |
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| 33 | 28 | | transferred under this subchapter by a previous petition; and |
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| 34 | 29 | | (4) all of the districts in which the parcel is located |
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| 35 | 30 | | agree to the transfer. |
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| 36 | 31 | | Sec. 36.342. REQUIREMENTS FOR PETITION. (a) A petition |
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| 37 | 32 | | submitted under this subchapter must accurately describe the |
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| 38 | 33 | | boundaries of the parcel. The petitioner must provide a copy of the |
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| 39 | 34 | | petition to each district in which the land described by Section |
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| 40 | 35 | | 36.341 is located. |
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| 41 | 36 | | (b) The petition must state the taxable value of the portion |
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| 42 | 37 | | of the parcel of land in each district. |
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| 43 | 38 | | Sec. 36.343. HEARING. (a) Each district, on receiving a |
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| 44 | 39 | | petition under this subchapter, shall hold a hearing on the matter |
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| 45 | 40 | | of the transfer requested in the petition. |
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| 46 | 41 | | (b) The board of each district by order shall set a time and |
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| 47 | 42 | | place to hold a hearing on the petition to include or exclude the |
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| 48 | 43 | | parcel in the district. The hearing may be held not earlier than |
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| 49 | 44 | | the 31st day after the date on which the board issues the order. |
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| 50 | 45 | | (c) The secretary of the board shall give notice of the |
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| 51 | 46 | | hearing. The notice must contain the time and place for the hearing |
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| 52 | 47 | | and a description of the parcel proposed to be annexed into or |
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| 53 | 48 | | excluded from the district. |
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| 54 | 49 | | (d) The secretary shall: |
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| 55 | 50 | | (1) post copies of the notice in three public places in |
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| 56 | 51 | | the district and one public place in the parcel proposed to be |
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| 57 | 52 | | annexed into or excluded from the district for at least 15 days |
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| 58 | 53 | | before the date of the hearing; and |
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| 59 | 54 | | (2) not later than the 16th day before the date on |
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| 60 | 55 | | which the hearing will be held, publish the notice once in a |
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| 61 | 56 | | newspaper of general circulation in the county. |
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| 62 | 57 | | (e) If after the hearing the board finds that annexation of |
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| 63 | 58 | | the parcel into the district or exclusion of the parcel from the |
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| 64 | 59 | | district would be feasible and would benefit the district, the |
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| 65 | 60 | | board may approve the annexation or exclusion by a resolution |
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| 66 | 61 | | entered in its minutes. The board is not required to include or |
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| 67 | 62 | | exclude all of the parcel described in the petition if the board |
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| 68 | 63 | | finds that a change is necessary or desirable. |
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| 69 | 64 | | (f) If the board of each district approves the transfer on |
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| 70 | 65 | | the same terms, the districts may enter into an agreement to |
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| 71 | 66 | | effectuate the transfer of territory as the boards agree and within |
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| 72 | 67 | | a reasonable period of time. If a district from which territory is |
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| 73 | 68 | | to be excluded under this section has outstanding debt or |
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| 74 | 69 | | obligations, that district and the district to which the territory |
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| 75 | 70 | | is to be added shall include in the agreement terms that ensure that |
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| 76 | 71 | | the debts of the originating district are not impaired by the |
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| 77 | 72 | | transfer of the territory. |
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| 78 | 73 | | Sec. 36.344. NOTIFICATION OF COMMISSION. Each district |
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| 79 | 74 | | that adds or removes territory under this subchapter shall notify |
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| 80 | 75 | | the commission of the change in territory. |
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| 81 | 76 | | SECTION 2. This Act takes effect January 1, 2018. |
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