Texas 2017 - 85th Regular

Texas House Bill HB4338 Compare Versions

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

Old	New	Differences
1	1	85R1955 GRM-D
2	2	By: Guillen H.B. No. 4338
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Live Oak Underground Water Conservation District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 715, Acts of the 71st Legislature,
10	10	Regular Session, 1989, is amended by amending Sections 1, 4, 5, 6,
11	11	10, 11, and 13 to read as follows:
12	12	Sec. 1. CREATION OF DISTRICT. Under Article XVI, Section
13	13	59, of the Texas Constitution, the Live Oak Underground Water
14	14	Conservation District has [is created as a governmental agency and
15	15	body politic and corporate, authorized to exercise] the powers
16	16	essential to the accomplishment of the purposes of that
17	17	constitutional provision and [to exercise] the rights, powers,
18	18	duties, privileges, and functions provided [by this Act and] by
19	19	Chapter 36 [Chapters 51 and 52], Water Code, and by other laws of
20	20	this state relating to underground water conservation districts.
21	21	Sec. 4. PURPOSE OF DISTRICT. The district is created to
22	22	provide for the conservation, preservation, protection, recharge,
23	23	and prevention of waste of the underground water reservoirs located
24	24	under district land consistent with the objectives of Article XVI,
25	25	Section 59, of the Texas Constitution and Chapter 36 [Chapters 51
26	26	and 52], Water Code.
27	27	Sec. 5. POWERS AND DUTIES OF DISTRICT. The district has
28	28	[may exercise] the powers, rights, duties, privileges, and
29	29	functions permitted by Chapter 36 [Chapters 51 and 52], Water Code
30	30	[, and may:
31	31	[(1) make and enforce rules to provide for conserving,
32	32	preserving, protecting, recharging, and preventing waste of the
33	33	water from the underground water reservoirs;
34	34	[(2) enforce its rules by injunction, mandatory
35	35	injunction, or other appropriate remedies in a court of competent
36	36	jurisdiction;
37	37	[(3) require permits for the drilling, equipping, and
38	38	completion of wells in the underground water reservoirs in the
39	39	district and issue permits that include terms and provisions with
40	40	reference to the drilling, equipping, and completion of the wells
41	41	that are necessary to prevent waste or to conserve, preserve, and
42	42	protect underground water;
43	43	[(4) provide for the spacing of wells producing from
44	44	the underground water reservoirs in the district and regulate the
45	45	production from those wells to minimize as far as practicable the
46	46	drawdown of the water table or the reduction of the artesian
47	47	pressure; provided, the owner of the land or his heirs, assigns, and
48	48	lessees are not denied a permit to drill a well on their land and the
49	49	right to produce underground water from that well subject to rules
50	50	adopted under this Act;
51	51	[(5) require records to be kept and reports to be made
52	52	of the drilling, equipping, and completion of wells into any
53	53	underground water reservoir in the district and the taking and use
54	54	of underground water from those reservoirs and require accurate
55	55	driller's logs to be kept of those wells and a copy of those logs and
56	56	of any electric logs that may be made of the wells to be filed with
57	57	the district;
58	58	[(6) acquire land for the erection of dams and for the
59	59	purpose of draining lakes, draws, and depressions; construct dams,
60	60	drain lakes, depressions, draws, and creeks; and install pumps and
61	61	other equipment necessary to recharge any underground water
62	62	reservoirs in the district;
63	63	[(7) have made by registered professional engineers
64	64	surveys of the underground water of any underground water reservoir
65	65	in the district and of the facilities for the development,
66	66	production, and use of that underground water and determine the
67	67	quantity of the underground water available for the production and
68	68	use and the improvements, developments, and recharges needed for
69	69	those underground water reservoirs;
70	70	[(8) develop comprehensive plans for the most
71	71	efficient use of the underground water of any underground water
72	72	reservoir in the district and for the control and prevention of
73	73	waste of that underground water, with the plans to specify in the
74	74	amount of detail that may be practicable, the acts, procedure,
75	75	performance, and avoidance that are or may be necessary to carry out
76	76	those plans, including specifications;
77	77	[(9) carry out research projects, develop
78	78	information, and determine limitations, if any, that should be made
79	79	on the withdrawal of underground water from any underground water
80	80	reservoir in the district;
81	81	[(10) collect and preserve information regarding the
82	82	use of the underground water and the practicability of recharge of
83	83	any underground water reservoir in the district;
84	84	[(11) publish plans and information, bring them to the
85	85	notice and attention of the users of the underground water in the
86	86	district, and encourage their adoption and execution;
87	87	[(12) contract for, sell, and distribute water from a
88	88	water import authority or other agency; and
89	89	[(13) contract with other districts with powers
90	90	similar to those of the district to achieve common goals].
91	91	Sec. 6. ADMINISTRATIVE PROCEDURES. Except as provided by
92	92	this Act, the administrative and procedural provisions of Chapter
93	93	36 [Chapters 51 and 52], Water Code, apply to the district.
94	94	Sec. 10. DISSOLUTION OF DISTRICT. Subchapter I, Chapter 36
95	95	[Subchapter G, Chapter 52], Water Code, applies to dissolution of
96	96	the district.
97	97	Sec. 11. ANNEXATION. [Additional territory may be added to
98	98	the district as provided by Chapter 51, Water Code.] The board of
99	99	directors shall determine to which precinct [the] annexed land will
100	100	be added for purposes of election of directors.
101	101	Sec. 13. STATUTORY INTERPRETATION. If there is a conflict
102	102	between this Act and Chapter 36 [Chapter 51 or 52], Water Code, this
103	103	Act controls. [If there is a conflict between the application of
104	104	Chapters 51 and 52, Water Code, to the district, Chapter 52
105	105	controls.]
106	106	SECTION 2. Section 9(a), Chapter 715, Acts of the 71st
107	107	Legislature, Regular Session, 1989, is amended to read as follows:
108	108	(a) Except as provided by Subsection (b) of this section,
109	109	the tax and bond provisions of Subchapters F and G, Chapter 36,
110	110	[Subchapter F, Chapter 49, and Subchapters K, L, M, N, and P,
111	111	Chapter 51,] Water Code, apply to the district.
112	112	SECTION 3. Section 12(e), Chapter 715, Acts of the 71st
113	113	Legislature, Regular Session, 1989, is amended to read as follows:
114	114	(e) The district shall hold an election in each
115	115	even-numbered year to elect the appropriate number of directors
116	116	[After the election of the directors at the confirmation election
117	117	held under Section 8 of this Act, regular elections for a portion of
118	118	the board of directors shall be held in each even-numbered year.
119	119	The directors elected from commissioner precincts 1 and 3 and the
120	120	director elected at large at the confirmation election shall serve
121	121	as directors until the first regular meeting of the board after the
122	122	second regular election of directors, and the directors elected
123	123	from commissioner precincts 2 and 4 at the confirmation election
124	124	shall serve until the first regular meeting of the board after the
125	125	first regular election of directors].
126	126	SECTION 4. Sections 7 and 8, Chapter 715, Acts of the 71st
127	127	Legislature, Regular Session, 1989, are repealed.
128	128	SECTION 5. (a) The legal notice of the intention to
129	129	introduce this Act, setting forth the general substance of this
130	130	Act, has been published as provided by law, and the notice and a
131	131	copy of this Act have been furnished to all persons, agencies,
132	132	officials, or entities to which they are required to be furnished
133	133	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
134	134	Government Code.
135	135	(b) The governor, one of the required recipients, has
136	136	submitted the notice and Act to the Texas Commission on
137	137	Environmental Quality.
138	138	(c) The Texas Commission on Environmental Quality has filed
139	139	its recommendations relating to this Act with the governor, the
140	140	lieutenant governor, and the speaker of the house of
141	141	representatives within the required time.
142	142	(d) All requirements of the constitution and laws of this
143	143	state and the rules and procedures of the legislature with respect
144	144	to the notice, introduction, and passage of this Act are fulfilled
145	145	and accomplished.
146	146	SECTION 6. This Act takes effect immediately if it receives
147	147	a vote of two-thirds of all the members elected to each house, as
148	148	provided by Section 39, Article III, Texas Constitution. If this
149	149	Act does not receive the vote necessary for immediate effect, this
150	150	Act takes effect September 1, 2017.