Texas 2017 - 85th Regular

Texas Senate Bill SB2186 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2186
	1	+	By: Zaffirini S.B. No. 2186
	2	+	(Guillen)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the Live Oak Underground Water Conservation District.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Chapter 715, Acts of the 71st Legislature,
8	10		Regular Session, 1989, is amended by amending Sections 1, 4, 5, 6,
9	11		10, 11, and 13 to read as follows:
10	12		Sec. 1. CREATION OF DISTRICT. Under Article XVI, Section
11	13		59, of the Texas Constitution, the Live Oak Underground Water
12	14		Conservation District has [is created as a governmental agency and
13	15		body politic and corporate, authorized to exercise] the powers
14	16		essential to the accomplishment of the purposes of that
15	17		constitutional provision and [to exercise] the rights, powers,
16	18		duties, privileges, and functions provided [by this Act and] by
17	19		Chapter 36 [Chapters 51 and 52], Water Code, and by other laws of
18	20		this state relating to underground water conservation districts.
19	21		Sec. 4. PURPOSE OF DISTRICT. The district is created to
20	22		provide for the conservation, preservation, protection, recharge,
21	23		and prevention of waste of the underground water reservoirs located
22	24		under district land consistent with the objectives of Article XVI,
23	25		Section 59, of the Texas Constitution and Chapter 36 [Chapters 51
24	26		and 52], Water Code.
25	27		Sec. 5. POWERS AND DUTIES OF DISTRICT. The district has
26	28		[may exercise] the powers, rights, duties, privileges, and
27	29		functions permitted by Chapter 36 [Chapters 51 and 52], Water
28	30		Code[, and may:
29	31		[(1) make and enforce rules to provide for conserving,
30	32		preserving, protecting, recharging, and preventing waste of the
31	33		water from the underground water reservoirs;
32	34		[(2) enforce its rules by injunction, mandatory
33	35		injunction, or other appropriate remedies in a court of competent
34	36		jurisdiction;
35	37		[(3) require permits for the drilling, equipping, and
36	38		completion of wells in the underground water reservoirs in the
37	39		district and issue permits that include terms and provisions with
38	40		reference to the drilling, equipping, and completion of the wells
39	41		that are necessary to prevent waste or to conserve, preserve, and
40	42		protect underground water;
41	43		[(4) provide for the spacing of wells producing from
42	44		the underground water reservoirs in the district and regulate the
43	45		production from those wells to minimize as far as practicable the
44	46		drawdown of the water table or the reduction of the artesian
45	47		pressure; provided, the owner of the land or his heirs, assigns, and
46	48		lessees are not denied a permit to drill a well on their land and the
47	49		right to produce underground water from that well subject to rules
48	50		adopted under this Act;
49	51		[(5) require records to be kept and reports to be made
50	52		of the drilling, equipping, and completion of wells into any
51	53		underground water reservoir in the district and the taking and use
52	54		of underground water from those reservoirs and require accurate
53	55		driller's logs to be kept of those wells and a copy of those logs and
54	56		of any electric logs that may be made of the wells to be filed with
55	57		the district;
56	58		[(6) acquire land for the erection of dams and for the
57	59		purpose of draining lakes, draws, and depressions; construct dams,
58	60		drain lakes, depressions, draws, and creeks; and install pumps and
59	61		other equipment necessary to recharge any underground water
60	62		reservoirs in the district;
61	63		[(7) have made by registered professional engineers
62	64		surveys of the underground water of any underground water reservoir
63	65		in the district and of the facilities for the development,
64	66		production, and use of that underground water and determine the
65	67		quantity of the underground water available for the production and
66	68		use and the improvements, developments, and recharges needed for
67	69		those underground water reservoirs;
68	70		[(8) develop comprehensive plans for the most
69	71		efficient use of the underground water of any underground water
70	72		reservoir in the district and for the control and prevention of
71	73		waste of that underground water, with the plans to specify in the
72	74		amount of detail that may be practicable, the acts, procedure,
73	75		performance, and avoidance that are or may be necessary to carry out
74	76		those plans, including specifications;
75	77		[(9) carry out research projects, develop
76	78		information, and determine limitations, if any, that should be made
77	79		on the withdrawal of underground water from any underground water
78	80		reservoir in the district;
79	81		[(10) collect and preserve information regarding the
80	82		use of the underground water and the practicability of recharge of
81	83		any underground water reservoir in the district;
82	84		[(11) publish plans and information, bring them to the
83	85		notice and attention of the users of the underground water in the
84	86		district, and encourage their adoption and execution;
85	87		[(12) contract for, sell, and distribute water from a
86	88		water import authority or other agency; and
87	89		[(13) contract with other districts with powers
88	90		similar to those of the district to achieve common goals].
89	91		Sec. 6. ADMINISTRATIVE PROCEDURES. Except as provided by
90	92		this Act, the administrative and procedural provisions of Chapter
91	93		36 [Chapters 51 and 52], Water Code, apply to the district.
92	94		Sec. 10. DISSOLUTION OF DISTRICT. Subchapter I, Chapter 36
93	95		[Subchapter G, Chapter 52], Water Code, applies to dissolution of
94	96		the district.
95	97		Sec. 11. ANNEXATION. [Additional territory may be added to
96	98		the district as provided by Chapter 51, Water Code.] The board of
97	99		directors shall determine to which precinct [the] annexed land will
98	100		be added for purposes of election of directors.
99	101		Sec. 13. STATUTORY INTERPRETATION. If there is a conflict
100	102		between this Act and Chapter 36 [Chapter 51 or 52], Water Code, this
101	103		Act controls. [If there is a conflict between the application of
102	104		Chapters 51 and 52, Water Code, to the district, Chapter 52
103	105		controls.]
104	106		SECTION 2. Section 9(a), Chapter 715, Acts of the 71st
105	107		Legislature, Regular Session, 1989, is amended to read as follows:
106	108		(a) Except as provided by Subsection (b) of this section,
107	109		the tax and bond provisions of Subchapters F and G, Chapter 36,
108	110		[Subchapter F, Chapter 49, and Subchapters K, L, M, N, and P,
109	111		Chapter 51,] Water Code, apply to the district.
110	112		SECTION 3. Section 12(e), Chapter 715, Acts of the 71st
111	113		Legislature, Regular Session, 1989, is amended to read as follows:
112	114		(e) The district shall hold an election in each
113	115		even-numbered year to elect the appropriate number of directors
114	116		[After the election of the directors at the confirmation election
115	117		held under Section 8 of this Act, regular elections for a portion of
116	118		the board of directors shall be held in each even-numbered year.
117	119		The directors elected from commissioner precincts 1 and 3 and the
118	120		director elected at large at the confirmation election shall serve
119	121		as directors until the first regular meeting of the board after the
120	122		second regular election of directors, and the directors elected
121	123		from commissioner precincts 2 and 4 at the confirmation election
122	124		shall serve until the first regular meeting of the board after the
123	125		first regular election of directors].
124	126		SECTION 4. Sections 7 and 8, Chapter 715, Acts of the 71st
125	127		Legislature, Regular Session, 1989, are repealed.
126	128		SECTION 5. (a) The legal notice of the intention to
127	129		introduce this Act, setting forth the general substance of this
128	130		Act, has been published as provided by law, and the notice and a
129	131		copy of this Act have been furnished to all persons, agencies,
130	132		officials, or entities to which they are required to be furnished
131	133		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
132	134		Government Code.
133	135		(b) The governor, one of the required recipients, has
134	136		submitted the notice and Act to the Texas Commission on
135	137		Environmental Quality.
136	138		(c) The Texas Commission on Environmental Quality has filed
137	139		its recommendations relating to this Act with the governor, the
138	140		lieutenant governor, and the speaker of the house of
139	141		representatives within the required time.
140	142		(d) All requirements of the constitution and laws of this
141	143		state and the rules and procedures of the legislature with respect
142	144		to the notice, introduction, and passage of this Act are fulfilled
143	145		and accomplished.
144	146		SECTION 6. This Act takes effect immediately if it receives
145	147		a vote of two-thirds of all the members elected to each house, as
146	148		provided by Section 39, Article III, Texas Constitution. If this
147	149		Act does not receive the vote necessary for immediate effect, this
148	150		Act takes effect September 1, 2017.
149		-	______________________________ ______________________________
150		-	President of the Senate Speaker of the House
151		-	I hereby certify that S.B. No. 2186 passed the Senate on
152		-	May 11, 2017, by the following vote: Yeas 31, Nays 0.
153		-	______________________________
154		-	Secretary of the Senate
155		-	I hereby certify that S.B. No. 2186 passed the House on
156		-	May 24, 2017, by the following vote: Yeas 144, Nays 2, two
157		-	present not voting.
158		-	______________________________
159		-	Chief Clerk of the House
160		-	Approved:
161		-	______________________________
162		-	Date
163		-	______________________________
164		-	Governor