Texas 2023 - 88th Regular

Texas House Bill HB3731 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3731
2	2
3	3
4	4	AN ACT
5	5	relating to the Bandera County River Authority and Groundwater
6	6	District.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle H, Title 6, Special District Local Laws
9	9	Code, is amended by adding Chapter 8850 to read as follows:
10	10	CHAPTER 8850. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER
11	11	DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8850.0101. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Bandera County River
17	17	Authority and Groundwater District.
18	18	Sec. 8850.0102. NATURE OF DISTRICT. The district is a
19	19	groundwater conservation district and water control and
20	20	improvement district created under Section 59, Article XVI, Texas
21	21	Constitution.
22	22	Sec. 8850.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
23	23	(a) The district is created to serve a public purpose and benefit.
24	24	(b) The district is created to accomplish the purposes of a
25	25	water control and improvement district and a groundwater
26	26	conservation district, as provided by general law and Section 59,
27	27	Article XVI, Texas Constitution.
28	28	Sec. 8850.0104. DISTRICT TERRITORY. The boundaries of the
29	29	district are coextensive with the boundaries of Bandera County,
30	30	Texas.
31	31	SUBCHAPTER B. BOARD OF DIRECTORS
32	32	Sec. 8850.0201. COMPOSITION OF BOARD; TERMS. (a) The
33	33	district is governed by a board of nine directors.
34	34	(b) Directors serve staggered four-year terms.
35	35	Sec. 8850.0202. ELECTION OF DIRECTORS. Two directors are
36	36	elected from each commissioners precinct. One director is elected
37	37	at large.
38	38	Sec. 8850.0203. ELECTION DATE. Every two years an election
39	39	shall be held on the uniform election date in November to elect the
40	40	appropriate number of directors.
41	41	SUBCHAPTER C. POWERS AND DUTIES
42	42	Sec. 8850.0301. GROUNDWATER CONSERVATION DISTRICT POWERS.
43	43	The district has the powers and duties provided by the general law
44	44	of this state, including Chapter 36, Water Code, and Section 59,
45	45	Article XVI, Texas Constitution, applicable to groundwater
46	46	conservation districts.
47	47	Sec. 8850.0302. LIMIT ON WATER CONTROL AND IMPROVEMENT
48	48	DISTRICT POWERS. The district may exercise the powers of a water
49	49	control and improvement district, including the powers provided by
50	50	Chapters 49 and 51, Water Code, in any area of the district except
51	51	an area that is included in the territory of the Bandera County
52	52	Fresh Water Supply District No. 1.
53	53	Sec. 8850.0303. ABANDONED, DETERIORATED, OPEN, OR
54	54	UNCOVERED WATER WELLS. (a) In this section:
55	55	(1) "Abandoned well" and "deteriorated well" have the
56	56	meanings assigned by Section 1901.255, Occupations Code.
57	57	(2) "Open or uncovered well" has the meaning assigned
58	58	by Section 36.118, Water Code.
59	59	(b) The district may enter into a contract with a licensed
60	60	water well driller to or a district employee may:
61	61	(1) cap an open, uncovered, or abandoned well; or
62	62	(2) plug and permanently close a deteriorated well.
63	63	(c) A district employee may plug a well under Subsection (b)
64	64	only if the employee has received training in the proper method of
65	65	plugging a well located in a karst topographic area.
66	66	(d) The district may require the owner or lessee of land on
67	67	which an open or uncovered well is located to keep the well
68	68	permanently closed or capped as provided by Section 36.118, Water
69	69	Code.
70	70	(e) The district may use any money available to the
71	71	district, including money from grants, fees, or tax revenues, to
72	72	pay reasonable expenses incurred by the district in plugging or
73	73	capping wells on land in the district under this section. The
74	74	reasonable expenses constitute a lien on the land on which the well
75	75	is located in accordance with Section 36.118(e), Water Code.
76	76	(f) The district may enforce this section against any person
77	77	by injunction, mandatory injunction, or other appropriate remedy in
78	78	a court of competent jurisdiction as provided by Section 36.102,
79	79	Water Code.
80	80	Sec. 8850.0304. CONFLICT OF LAWS. To the extent of a
81	81	conflict between Chapter 36 and another chapter of the Water Code
82	82	applicable to the district, Chapter 36 prevails.
83	83	SECTION 2. Section 325.025(b), Government Code, is amended
84	84	to read as follows:
85	85	(b) This section applies to the:
86	86	(1) Angelina and Neches River Authority;
87	87	(2) [Bandera County River Authority and Groundwater
88	88	District;
89	89	[(3)] Brazos River Authority;
90	90	(3) [(4)] Guadalupe-Blanco River Authority;
91	91	(4) [(5)] Lavaca-Navidad River Authority;
92	92	(5) [(6)] Lower Colorado River Authority;
93	93	(6) [(7)] Lower Neches Valley Authority;
94	94	(7) [(8)] Nueces River Authority;
95	95	(8) [(9)] Red River Authority of Texas;
96	96	(9) [(10)] Sabine River Authority of Texas;
97	97	(10) [(11)] San Antonio River Authority;
98	98	(11) [(12)] San Jacinto River Authority;
99	99	(12) [(13)] Sulphur River Basin Authority;
100	100	(13) [(14)] Trinity River Authority of Texas;
101	101	(14) [(15)] Upper Colorado River Authority; and
102	102	(15) [(16)] Upper Guadalupe River Authority.
103	103	SECTION 3. The following are repealed:
104	104	(1) Chapter 629, Acts of the 62nd Legislature, Regular
105	105	Session, 1971;
106	106	(2) Chapter 654, Acts of the 71st Legislature, Regular
107	107	Session, 1989;
108	108	(3) Chapter 302, Acts of the 84th Legislature, Regular
109	109	Session, 2015; and
110	110	(4) Chapter 763, Acts of the 85th Legislature, Regular
111	111	Session, 2017.
112	112	SECTION 4. (a) The legislature finds that the Bandera
113	113	County River Authority and Groundwater District was originally
114	114	created by Chapter 629, Acts of the 62nd Legislature, Regular
115	115	Session, 1971, as the Bandera County River Authority, and then
116	116	modified or merged by Chapter 654, Acts of the 71st Legislature,
117	117	Regular Session, 1989, as the Springhills Water Management
118	118	District.
119	119	(b) The legislature further finds that the Springhills
120	120	Water Management District was renamed the Bandera County River
121	121	Authority and Groundwater District in 2003.
122	122	SECTION 5. (a) The legal notice of the intention to
123	123	introduce this Act, setting forth the general substance of this
124	124	Act, has been published as provided by law, and the notice and a
125	125	copy of this Act have been furnished to all persons, agencies,
126	126	officials, or entities to which they are required to be furnished
127	127	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
128	128	Government Code.
129	129	(b) The governor has submitted the notice and Act to the
130	130	Texas Commission on Environmental Quality.
131	131	(c) The Texas Commission on Environmental Quality has filed
132	132	its recommendations relating to this Act with the governor, the
133	133	lieutenant governor, and the speaker of the house of
134	134	representatives within the required time.
135	135	(d) All requirements of the constitution and laws of this
136	136	state and the rules and procedures of the legislature with respect
137	137	to the notice, introduction, and passage of this Act are fulfilled
138	138	and accomplished.
139	139	SECTION 6. This Act takes effect September 1, 2023.
140	140	______________________________ ______________________________
141	141	President of the Senate Speaker of the House
142	142	I certify that H.B. No. 3731 was passed by the House on April
143	143	20, 2023, by the following vote: Yeas 135, Nays 11, 2 present, not
144	144	voting.
145	145	______________________________
146	146	Chief Clerk of the House
147	147	I certify that H.B. No. 3731 was passed by the Senate on May
148	148	12, 2023, by the following vote: Yeas 29, Nays 1.
149	149	______________________________
150	150	Secretary of the Senate
151	151	APPROVED: _____________________
152	152	Date
153	153	_____________________
154	154	Governor