By: RodrÃguez S.B. No. 964
(In the Senate - Filed February 21, 2017; March 1, 2017,
read first time and referred to Committee on Agriculture, Water &
Rural Affairs; April 6, 2017, reported favorably by the following
vote: Yeas 7, Nays 0; April 6, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the Jeff Davis County Underground Water Conservation
District; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8891 to read as follows:
CHAPTER 8891. JEFF DAVIS COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8891.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commissioners court" means the Jeff Davis County
Commissioners Court.
(3) "Director" means a board member.
(4) "District" means the Jeff Davis County Underground
Water Conservation District.
Sec. 8891.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Jeff Davis County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Sec. 8891.003. FINDINGS OF PUBLIC USE AND BENEFIT.
(a) The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution.
Sec. 8891.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Jeff Davis
County, unless the district's territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law.
Sec. 8891.005. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by
this chapter, Chapter 36, Water Code, applies to the district.
(b) Section 36.121, Water Code, does not apply to the
district.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8891.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of five directors appointed by the
commissioners court.
(b) Directors serve staggered four-year terms that expire
on March 1 of the applicable odd-numbered year.
Sec. 8891.052. VACANCIES. If there is a vacancy on the
board, the commissioners court shall appoint a director to serve
the remainder of the term.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8891.101. GENERAL POWERS AND DUTIES. The district has
the rights, powers, privileges, functions, and duties provided by
the general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution.
Sec. 8891.102. LIMITATION ON TAXES. The district may not
impose taxes in the district.
Sec. 8891.103. FEES. (a) The district may assess fees as
authorized by Section 36.205, Water Code.
(b) The district may not charge for an annual period
production fees greater than $1 per acre-foot for water used for
agricultural use or 17 cents per 1,000 gallons for water used for
any other purpose.
SECTION 2. Chapter 641, Acts of the 73rd Legislature,
Regular Session, 1993, is repealed.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect September 1, 2017.
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