Texas 2017 - 85th Regular

Texas Senate Bill SB1268 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Seliger S.B. No. 1268
2		-	(In the Senate - Filed March 3, 2017; March 29, 2017, read
3		-	first time and referred to Committee on Agriculture, Water & Rural
4		-	Affairs; April 26, 2017, reported favorably by the following vote:
5		-	Yeas 5, Nays 0; April 26, 2017, sent to printer.)
6		-	Click here to see the committee vote
	2	+	(Price)
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the taxing power of the North Plains Groundwater
12	8		Conservation District.
13	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	10		SECTION 1. Section 2, Chapter 498, Acts of the 54th
15	11		Legislature, Regular Session, 1955, is amended to read as follows:
16	12		Sec. 2. North Plains Groundwater Conservation District,
17	13		hereinafter sometimes referred to as the District, shall have and
18	14		exercise and is hereby vested with all of the rights, powers,
19	15		privileges and duties conferred and imposed by the general laws of
20	16		this State now enforced or hereafter enacted applicable to
21	17		groundwater conservation districts created under authority of
22	18		Article XVI, Section 59 of the Constitution of Texas, and Chapter
23	19		36, Water Code, to:
24	20		(1) formulate, promulgate and enforce rules and
25	21		regulations for the purpose of conserving, preserving, protecting
26	22		and recharging the water of any groundwater reservoir or
27	23		subdivision of a groundwater reservoir in the district;
28	24		(2) formulate, promulgate and enforce rules and
29	25		regulations to prevent the waste, as defined in Chapter 36, Water
30	26		Code, of the underground water of any groundwater reservoir or
31	27		subdivision of a groundwater reservoir in the district;
32	28		(3) require permits for the drilling, equipping and
33	29		completion of wells in any groundwater reservoir of a groundwater
34	30		reservoir in the district and to issue such permits subject to such
35	31		terms and provisions with reference to the drilling, equipping and
36	32		completion thereof as may be necessary to prevent waste or
37	33		contamination;
38	34		(4) provide for the spacing of wells producing from
39	35		any groundwater reservoir or subdivision of a groundwater reservoir
40	36		in the district and to regulate the production therefrom so as to
41	37		minimize as far as practicable the drawdown of the water table or
42	38		the reduction of the artesian pressure; provided, however, the
43	39		owner of the land, his heirs, assigns and lessees, shall not be
44	40		denied a permit to drill a well on his land and produce groundwater
45	41		therefrom subject to rules and regulations promulgated hereunder to
46	42		prevent waste or contamination;
47	43		(5) require records to be kept and reports to be made
48	44		of the drilling, equipping, and completion of wells into the
49	45		reservoirs or subdivisions of groundwater reservoirs and the taking
50	46		and use of groundwater therefrom; to require accurate drillers'
51	47		logs to be kept of such wells and a copy thereof and of any electric
52	48		logs which may be made of such wells to be filed with the district;
53	49		(6) acquire lands for the erection of dams and for the
54	50		purpose of draining lakes, draws, and depressions, and to construct
55	51		dams, drain lakes, depressions, draws, and creeks and to install
56	52		pumps and other equipment necessary to recharge any groundwater
57	53		reservoir or subdivision of a groundwater reservoir in the
58	54		district;
59	55		(7) cause to be made by a registered professional
60	56		engineer or qualified groundwater scientist surveys of the
61	57		underground water of all groundwater reservoirs or subdivisions of
62	58		groundwater reservoirs in the district and of the facilities for
63	59		the development, production and use of such water, to determine the
64	60		quantity thereof available for production and use and the
65	61		improvements, developments, and recharges needed for such
66	62		groundwater reservoirs or subdivisions of groundwater reservoirs
67	63		in the district;
68	64		(8) develop comprehensive plans for the most efficient
69	65		use of the water of the groundwater reservoirs or subdivisions of
70	66		groundwater reservoirs in the district and for the control and
71	67		prevention of waste of such groundwater, which plans shall specify
72	68		in such detail as may be practicable the acts, procedure,
73	69		performance and avoidance which are or may be necessary to effect
74	70		such plans, including specifications therefor; to carry out
75	71		research projects, develop information and determine limitations,
76	72		if any, which should be made on the withdrawal of water from the
77	73		groundwater reservoirs or subdivisions of groundwater reservoirs
78	74		in the district; to collect and preserve information regarding the
79	75		use of such water and the practicability of recharge of the
80	76		groundwater reservoirs or subdivisions of groundwater reservoirs
81	77		in the district; to publish such plans and information, bring them
82	78		to the notice and attention of the users of such groundwater within
83	79		the district, and to encourage their adoption and execution;
84	80		(9) enforce, by injunction, mandatory injunction or
85	81		other appropriate remedy, in courts of competent jurisdiction,
86	82		rules and regulations duly adopted and promulgated by such
87	83		district; provided, that no rule or regulation shall be effective
88	84		until a brief resume thereof has been published once a week for two
89	85		(2) consecutive weeks in one or more newspapers to give circulation
90	86		within the district, and such rule or regulation is to be effective
91	87		not less than fourteen (14) days after the date of the first
92	88		publication;
93	89		(10) incur all such indebtedness as may be necessary
94	90		and requisite to the achievement of the purposes for which the
95	91		district is created; to issue negotiable bonds and notes in the name
96	92		of the district for any lawful purpose of the district and levy and
97	93		collect such ad valorem taxes as may be necessary for the payment of
98	94		the interest and the creation of a sinking fund for the payment of
99	95		such bonds, the issuance of such bonds and the levy and collection
100	96		of taxes to be in accordance with Chapter 36, Water Code; to levy
101	97		and collect the ad valorem tax authorized at the election held
102	98		January 21, 1955, for the maintenance of such district, its
103	99		installations and activities; to hereafter order elections for the
104	100		purpose of authorizing the levy and collection of taxes for the
105	101		maintenance of the district, its installations and activities, such
106	102		elections to be ordered and held as is provided for elections
107	103		authorizing the issuance of bonds; provided that in all bond
108	104		elections and tax elections all persons may vote who are resident
109	105		voters of such district; [provided further that the maintenance and
110	106		operating taxes may never in any one year exceed Five Cents (5¢) on
111	107		the One Hundred Dollar ($100) assessed valuation on property in the
112	108		district subject to taxation;] and provided, further, that the
113	109		district may have its taxes assessed and collected by the
114	110		respective county tax assessors and collectors as provided in
115	111		Chapter 218, Page 348, Acts, Fifty-second Legislature, Regular
116	112		Session, 1951.
117	113		SECTION 2. (a) The legal notice of the intention to
118	114		introduce this Act, setting forth the general substance of this
119	115		Act, has been published as provided by law, and the notice and a
120	116		copy of this Act have been furnished to all persons, agencies,
121	117		officials, or entities to which they are required to be furnished
122	118		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
123	119		Government Code.
124	120		(b) The governor, one of the required recipients, has
125	121		submitted the notice and Act to the Texas Commission on
126	122		Environmental Quality.
127	123		(c) The Texas Commission on Environmental Quality has filed
128	124		its recommendations relating to this Act with the governor, the
129	125		lieutenant governor, and the speaker of the house of
130	126		representatives within the required time.
131	127		(d) All requirements of the constitution and laws of this
132	128		state and the rules and procedures of the legislature with respect
133	129		to the notice, introduction, and passage of this Act are fulfilled
134	130		and accomplished.
135	131		SECTION 3. This Act takes effect September 1, 2017.
136		-	* * * * *