By: King of Uvalde H.B. No. 4743
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Uvalde Water Trust.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SHORT TITLE. This Act may be cited as the Uvalde
Water Trust Act.
SECTION 2. CREATION OF UVALDE WATER TRUST. The Uvalde Water
Trust is hereby created pursuant to Art. XVI, Sec. 59, Texas
Constitution, for the purpose of protecting the groundwater and the
surface water supplies of Uvalde County, encouraging conservation,
and ensuring that water rights are available for future use in the
county to support growth and economic development. The Uvalde
Water Trust is a conservation and reclamation district and has all
the functions, powers, authority, rights and duties as necessary to
accomplish the purposes for which the trust is created and as
authorized by Art. XVI, Sec. 59, Texas Constitution.
SECTION 3. BOUNDARIES. The boundaries of the Uvalde Water
Trust is the territory contained within Uvalde County.
SECTION 4. FINDING OF BENEFIT. All land, water, and other
property included within the boundaries of the trust will be
benefited by the creation of the trust.
SECTION 5. PURPOSE. The purpose of the Uvalde Water Trust
is to facilitate a water market and to provide adequate water
supplies for use within the county. The Trust may acquire, receive,
hold, lease, and sell water rights and engage in any other
transactions and may develop policies necessary to promote
conservation and availability of water in the county.
SECTION 6. POWERS OF TRUST. The powers of the Uvalde Water
Trust include but are not limited to:
(a) acquiring and holding water rights by purchase, lease,
assignment, bequeath, gift, pledge, trust, or any other mechanism;
(b) selling, leasing, or otherwise transferring an interest
in water rights for economic development projects or other uses of
water within the county;
(c) holding water rights for conservation purposes, fish
and wildlife habitat protection, water quality, aquifer
management, for the protection of instream flows, or similar
purposes;
(d) appraising water rights or otherwise establish the
value of the water right;
(e) applying for and receiving grants, low-interest loans,
or other public or private financing mechanisms for funding the
acquisition of water rights;
(f) receiving funds from any source and in any form, such as
a gift, grant, loan, transfer, or bequest, to carry out the purposes
of the Trust;
(g) entering into contracts;
(h) assessing a transaction fee to cover the Trust's
administrative costs related to individual transactions;
(i) engaging in such other actions as necessary to
facilitate water transactions;
(j) keeping such books and records as necessary to account
for the activities of the Trust; and
(k) developing, establishing and implementing policies
necessary to carry out the purposes of the Trust.
SECTION 7. ENROLLMENT IN EDWARDS AQUIFER HABITAT
CONSERVATION PROGRAM. Edwards Aquifer water rights held by the
Trust may be enrolled in a Habitat Conservation Program implemented
by the Edwards Aquifer Authority and the Trust may receive any
funding associated with those programs.
SECTION 8. PURCHASE OPTION. The Trust has the option to
acquire a water right available on the open market in Uvalde County
by matching the highest offer made for that right. The holder of
the right shall notify the Trust of such offer not less than 10 days
prior to the proposed closing date for the transaction.
SECTION 9. GOVERNANCE. (a) The Trust would be governed by
a Board that would consist of the following persons who may serve
two consecutive, two-year staggered terms, the staggered terms to
be determined at the initial meeting of the Board:
1) One member of the City Council of each of Cities of
Uvalde and Sabinal, appointed by the Mayor of each respective City;
2) One member of the Knippa Independent School
District, to be appointed by the Chair of the Board of Trustees of
the Knippa Independent School District;
3) One member of the County Commissioners Court of
Uvalde County appointed by the County Judge;
4) One member of the Uvalde County Underground Water
Conservation District appointed by the Chair of the Uvalde County
Underground Water Conservation District;
5) The County Judge; and
6) The Mayor of the City of Uvalde;
(b) The Trust is subject to Chapters 551 and 552, Government
Code.
SECTION 10. STAFF. The General Manager of the Uvalde County
Underground Water Conservation District shall act as an ex officio
member of the Board and as the General Manager of the Trust. The
General Manager shall hire such staff and consultants as necessary
to carry out the functions and responsibilities of the Trust.
SECTION 11. REVIEW AND DISSOLUTION. The General Manager
shall submit a report to the Board on the fifth anniversary of the
effective date of the Trust, and every five years thereafter,
summarizing the effectiveness of the Trust in accomplishing its
purposes and goals, including the number and types of water
transactions entered into by the Trust, the costs associated with
those transactions, the price paid by the Trust for the water rights
acquired, the amount of revenues, grants, loans or other monies
held by the Trust, cash balances, and other information that would
inform the Board as to the effectiveness of the Trust. The Trust
shall continue in existence unless the Board finds that the Trust is
no longer effectively accomplishing its purposes and goals and
votes, by a two-thirds majority, to dissolve the Trust.
SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a)
The proper and 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 by the
constitution and other laws of this state, including the governor,
who has submitted the notice and act to the Texas Commission on
Environmental Quality.
(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,
lieutenant governor, and 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 13. EFFECTIVE DATE. This Act takes effect
September 1, 2019.