Texas 2019 - 86th Regular

Texas House Bill HB4743 Compare Versions

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

Old	New	Differences
1	1	By: King of Uvalde H.B. No. 4743
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Uvalde Water Trust.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. SHORT TITLE. This Act may be cited as the Uvalde
9	9	Water Trust Act.
10	10	SECTION 2. CREATION OF UVALDE WATER TRUST. The Uvalde Water
11	11	Trust is hereby created pursuant to Art. XVI, Sec. 59, Texas
12	12	Constitution, for the purpose of protecting the groundwater and the
13	13	surface water supplies of Uvalde County, encouraging conservation,
14	14	and ensuring that water rights are available for future use in the
15	15	county to support growth and economic development. The Uvalde
16	16	Water Trust is a conservation and reclamation district and has all
17	17	the functions, powers, authority, rights and duties as necessary to
18	18	accomplish the purposes for which the trust is created and as
19	19	authorized by Art. XVI, Sec. 59, Texas Constitution.
20	20	SECTION 3. BOUNDARIES. The boundaries of the Uvalde Water
21	21	Trust is the territory contained within Uvalde County.
22	22	SECTION 4. FINDING OF BENEFIT. All land, water, and other
23	23	property included within the boundaries of the trust will be
24	24	benefited by the creation of the trust.
25	25	SECTION 5. PURPOSE. The purpose of the Uvalde Water Trust
26	26	is to facilitate a water market and to provide adequate water
27	27	supplies for use within the county. The Trust may acquire, receive,
28	28	hold, lease, and sell water rights and engage in any other
29	29	transactions and may develop policies necessary to promote
30	30	conservation and availability of water in the county.
31	31	SECTION 6. POWERS OF TRUST. The powers of the Uvalde Water
32	32	Trust include but are not limited to:
33	33	(a) acquiring and holding water rights by purchase, lease,
34	34	assignment, bequeath, gift, pledge, trust, or any other mechanism;
35	35	(b) selling, leasing, or otherwise transferring an interest
36	36	in water rights for economic development projects or other uses of
37	37	water within the county;
38	38	(c) holding water rights for conservation purposes, fish
39	39	and wildlife habitat protection, water quality, aquifer
40	40	management, for the protection of instream flows, or similar
41	41	purposes;
42	42	(d) appraising water rights or otherwise establish the
43	43	value of the water right;
44	44	(e) applying for and receiving grants, low-interest loans,
45	45	or other public or private financing mechanisms for funding the
46	46	acquisition of water rights;
47	47	(f) receiving funds from any source and in any form, such as
48	48	a gift, grant, loan, transfer, or bequest, to carry out the purposes
49	49	of the Trust;
50	50	(g) entering into contracts;
51	51	(h) assessing a transaction fee to cover the Trust's
52	52	administrative costs related to individual transactions;
53	53	(i) engaging in such other actions as necessary to
54	54	facilitate water transactions;
55	55	(j) keeping such books and records as necessary to account
56	56	for the activities of the Trust; and
57	57	(k) developing, establishing and implementing policies
58	58	necessary to carry out the purposes of the Trust.
59	59	SECTION 7. ENROLLMENT IN EDWARDS AQUIFER HABITAT
60	60	CONSERVATION PROGRAM. Edwards Aquifer water rights held by the
61	61	Trust may be enrolled in a Habitat Conservation Program implemented
62	62	by the Edwards Aquifer Authority and the Trust may receive any
63	63	funding associated with those programs.
64	64	SECTION 8. PURCHASE OPTION. The Trust has the option to
65	65	acquire a water right available on the open market in Uvalde County
66	66	by matching the highest offer made for that right. The holder of
67	67	the right shall notify the Trust of such offer not less than 10 days
68	68	prior to the proposed closing date for the transaction.
69	69	SECTION 9. GOVERNANCE. (a) The Trust would be governed by
70	70	a Board that would consist of the following persons who may serve
71	71	two consecutive, two-year staggered terms, the staggered terms to
72	72	be determined at the initial meeting of the Board:
73	73	1) One member of the City Council of each of Cities of
74	74	Uvalde and Sabinal, appointed by the Mayor of each respective City;
75	75	2) One member of the Knippa Independent School
76	76	District, to be appointed by the Chair of the Board of Trustees of
77	77	the Knippa Independent School District;
78	78	3) One member of the County Commissioners Court of
79	79	Uvalde County appointed by the County Judge;
80	80	4) One member of the Uvalde County Underground Water
81	81	Conservation District appointed by the Chair of the Uvalde County
82	82	Underground Water Conservation District;
83	83	5) The County Judge; and
84	84	6) The Mayor of the City of Uvalde;
85	85	(b) The Trust is subject to Chapters 551 and 552, Government
86	86	Code.
87	87	SECTION 10. STAFF. The General Manager of the Uvalde County
88	88	Underground Water Conservation District shall act as an ex officio
89	89	member of the Board and as the General Manager of the Trust. The
90	90	General Manager shall hire such staff and consultants as necessary
91	91	to carry out the functions and responsibilities of the Trust.
92	92	SECTION 11. REVIEW AND DISSOLUTION. The General Manager
93	93	shall submit a report to the Board on the fifth anniversary of the
94	94	effective date of the Trust, and every five years thereafter,
95	95	summarizing the effectiveness of the Trust in accomplishing its
96	96	purposes and goals, including the number and types of water
97	97	transactions entered into by the Trust, the costs associated with
98	98	those transactions, the price paid by the Trust for the water rights
99	99	acquired, the amount of revenues, grants, loans or other monies
100	100	held by the Trust, cash balances, and other information that would
101	101	inform the Board as to the effectiveness of the Trust. The Trust
102	102	shall continue in existence unless the Board finds that the Trust is
103	103	no longer effectively accomplishing its purposes and goals and
104	104	votes, by a two-thirds majority, to dissolve the Trust.
105	105	SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
106	106	(a)
107	107	The proper and legal notice of the intention to introduce this
108	108	Act, setting forth the general substance of this Act, has been
109	109	published as provided by law, and the notice and a copy of this Act
110	110	have been furnished to all persons, agencies, officials, or
111	111	entities to which they are required to be furnished by the
112	112	constitution and other laws of this state, including the governor,
113	113	who has submitted the notice and act to the Texas Commission on
114	114	Environmental Quality.
115	115	(b) The governor, one of the required recipients, has
116	116	submitted the notice and Act to the Texas Commission on
117	117	Environmental Quality.
118	118	(c) The Texas Commission on Environmental Quality has filed
119	119	its recommendations relating to this Act with the governor,
120	120	lieutenant governor, and speaker of the house of representatives
121	121	within the required time.
122	122	(d) All requirements of the constitution and laws of this
123	123	state and the rules and procedures of the legislature with respect
124	124	to the notice, introduction, and passage of this Act are fulfilled
125	125	and accomplished.
126	126	SECTION 13. EFFECTIVE DATE. This Act takes effect
127	127	September 1, 2019.