| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the Jeff Davis County Underground Water Conservation |
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| 8 | 6 | | District; authorizing a fee. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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| 11 | 9 | | Code, is amended by adding Chapter 8891 to read as follows: |
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| 12 | 10 | | CHAPTER 8891. JEFF DAVIS COUNTY UNDERGROUND WATER CONSERVATION |
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| 13 | 11 | | DISTRICT |
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| 14 | 12 | | SUBCHAPTER A. GENERAL PROVISIONS |
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| 15 | 13 | | Sec. 8891.001. DEFINITIONS. In this chapter: |
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| 16 | 14 | | (1) "Board" means the district's board of directors. |
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| 17 | 15 | | (2) "Commissioners court" means the Jeff Davis County |
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| 18 | 16 | | Commissioners Court. |
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| 19 | 17 | | (3) "Director" means a board member. |
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| 20 | 18 | | (4) "District" means the Jeff Davis County Underground |
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| 21 | 19 | | Water Conservation District. |
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| 22 | 20 | | Sec. 8891.002. NATURE OF DISTRICT. The district is a |
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| 23 | 21 | | groundwater conservation district in Jeff Davis County created |
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| 24 | 22 | | under and essential to accomplish the purposes of Section 59, |
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| 25 | 23 | | Article XVI, Texas Constitution. |
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| 26 | 24 | | Sec. 8891.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
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| 27 | 25 | | (a) The district is created to serve a public use and benefit. |
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| 28 | 26 | | (b) All land and other property included in the district |
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| 29 | 27 | | will benefit from the works and projects accomplished by the |
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| 30 | 28 | | district under the powers conferred by Section 59, Article XVI, |
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| 31 | 29 | | Texas Constitution. |
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| 32 | 30 | | Sec. 8891.004. DISTRICT TERRITORY. The district's |
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| 33 | 31 | | boundaries are coextensive with the boundaries of Jeff Davis |
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| 34 | 32 | | County, unless the district's territory has been modified under: |
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| 35 | 33 | | (1) Subchapter J or K, Chapter 36, Water Code; or |
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| 36 | 34 | | (2) other law. |
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| 37 | 35 | | Sec. 8891.005. APPLICABILITY OF OTHER GROUNDWATER |
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| 38 | 36 | | CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by |
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| 39 | 37 | | this chapter, Chapter 36, Water Code, applies to the district. |
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| 40 | 38 | | (b) Section 36.121, Water Code, does not apply to the |
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| 41 | 39 | | district. |
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| 42 | 40 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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| 43 | 41 | | Sec. 8891.051. COMPOSITION OF BOARD; TERMS. (a) The |
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| 44 | 42 | | district is governed by a board of five directors appointed by the |
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| 45 | 43 | | commissioners court. |
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| 46 | 44 | | (b) Directors serve staggered four-year terms that expire |
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| 47 | 45 | | on March 1 of the applicable odd-numbered year. |
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| 48 | 46 | | Sec. 8891.052. VACANCIES. If there is a vacancy on the |
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| 49 | 47 | | board, the commissioners court shall appoint a director to serve |
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| 50 | 48 | | the remainder of the term. |
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| 51 | 49 | | SUBCHAPTER C. POWERS AND DUTIES |
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| 52 | 50 | | Sec. 8891.101. GENERAL POWERS AND DUTIES. The district has |
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| 53 | 51 | | the rights, powers, privileges, functions, and duties provided by |
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| 54 | 52 | | the general law of this state, including Chapter 36, Water Code, |
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| 55 | 53 | | applicable to groundwater conservation districts created under |
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| 56 | 54 | | Section 59, Article XVI, Texas Constitution. |
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| 57 | 55 | | Sec. 8891.102. LIMITATION ON TAXES. The district may not |
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| 58 | 56 | | impose taxes in the district. |
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| 59 | 57 | | Sec. 8891.103. FEES. (a) The district may assess fees as |
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| 60 | 58 | | authorized by Section 36.205, Water Code. |
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| 61 | 59 | | (b) The district may not charge for an annual period |
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| 62 | 60 | | production fees greater than $1 per acre-foot for water used for |
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| 63 | 61 | | agricultural use or 17 cents per 1,000 gallons for water used for |
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| 64 | 62 | | any other purpose. |
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| 65 | 63 | | SECTION 2. Chapter 641, Acts of the 73rd Legislature, |
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| 66 | 64 | | Regular Session, 1993, is repealed. |
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| 67 | 65 | | SECTION 3. (a) The legal notice of the intention to |
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| 68 | 66 | | introduce this Act, setting forth the general substance of this |
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| 69 | 67 | | Act, has been published as provided by law, and the notice and a |
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| 70 | 68 | | copy of this Act have been furnished to all persons, agencies, |
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| 71 | 69 | | officials, or entities to which they are required to be furnished |
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| 72 | 70 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 73 | 71 | | Government Code. |
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| 74 | 72 | | (b) The governor, one of the required recipients, has |
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| 75 | 73 | | submitted the notice and Act to the Texas Commission on |
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| 76 | 74 | | Environmental Quality. |
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| 77 | 75 | | (c) The Texas Commission on Environmental Quality has filed |
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| 78 | 76 | | its recommendations relating to this Act with the governor, the |
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| 79 | 77 | | lieutenant governor, and the speaker of the house of |
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| 80 | 78 | | representatives within the required time. |
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| 81 | 79 | | (d) All requirements of the constitution and laws of this |
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| 82 | 80 | | state and the rules and procedures of the legislature with respect |
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| 83 | 81 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 84 | 82 | | and accomplished. |
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| 85 | 83 | | SECTION 4. This Act takes effect September 1, 2017. |
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