Texas 2023 - 88th Regular

Texas House Bill HB5401 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R8762 MP-F
2	2	By: Raymond H.B. No. 5401
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Webb County Groundwater
8	8	Conservation District; providing authority to impose fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle H, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8889 to read as follows:
12	12	CHAPTER 8889. WEBB COUNTY GROUNDWATER CONSERVATION DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8889.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the board of directors of the
16	16	district.
17	17	(2) "Commissioners court" means the Webb County
18	18	Commissioners Court.
19	19	(3) "Director" means a member of the board.
20	20	(4) "District" means the Webb County Groundwater
21	21	Conservation District.
22	22	Sec. 8889.0102. NATURE OF DISTRICT. The district is a
23	23	groundwater conservation district in Webb County created under and
24	24	essential to accomplish the purposes of Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8889.0103. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
27	27	The district is created to serve a public use and benefit.
28	28	(b) All land and other property included in the district
29	29	will benefit from the works and projects accomplished by the
30	30	district under the powers conferred by Section 59, Article XVI,
31	31	Texas Constitution.
32	32	Sec. 8889.0104. DISTRICT TERRITORY. The district's
33	33	boundaries are coextensive with the boundaries of Webb County,
34	34	unless the district's territory has been modified under:
35	35	(1) Subchapter J or K, Chapter 36, Water Code; or
36	36	(2) other law.
37	37	SUBCHAPTER B. BOARD OF DIRECTORS
38	38	Sec. 8889.0201. COMPOSITION OF BOARD. The district is
39	39	governed by a board of six appointed directors.
40	40	Sec. 8889.0202. TERMS AND APPOINTMENT OF DIRECTORS. (a)
41	41	Directors serve staggered four-year terms. Directors are appointed
42	42	by the commissioners court as follows:
43	43	(1) one director is appointed to represent a water
44	44	supply corporation in the county;
45	45	(2) one director is appointed to represent municipal
46	46	interests in the county; and
47	47	(3) four directors are appointed with one director
48	48	appointed from each of the four commissioners court precincts.
49	49	(b) To be appointed under this section, a person:
50	50	(1) to the extent practicable, should be familiar with
51	51	the use of water by industry and commerce, municipal and rural
52	52	utilities, agriculture, and private wells; and
53	53	(2) does not need to be a registered voter or own land
54	54	in Webb County.
55	55	(c) To the extent practicable:
56	56	(1) at least one director should be a licensed
57	57	attorney with experience in groundwater regulation; and
58	58	(2) at least one director should be a registered
59	59	professional engineer.
60	60	Sec. 8889.0203. VACANCIES. If there is a vacancy on the
61	61	board, the commissioners court shall appoint a person to fill the
62	62	vacancy for the remainder of the term in a manner that meets the
63	63	representational requirements of Section 8889.0202.
64	64	SUBCHAPTER C. POWERS AND DUTIES
65	65	Sec. 8889.0301. GROUNDWATER CONSERVATION DISTRICT POWERS
66	66	AND DUTIES. The district has the rights, powers, privileges,
67	67	functions, and duties provided by the general law of this state,
68	68	including Chapter 36, Water Code, applicable to groundwater
69	69	conservation districts created under Section 59, Article XVI, Texas
70	70	Constitution.
71	71	Sec. 8889.0302. PROTECTION OF GROUNDWATER QUALITY. (a) To
72	72	the extent authorized by law, the district may participate in the
73	73	regulation of the disposal of waste into an aquifer in Webb County,
74	74	including the Carrizo-Wilcox Aquifer.
75	75	(b) In response to an application filed with a state agency
76	76	to dispose of waste that could affect the water quality of the
77	77	Carrizo-Wilcox Aquifer within Webb County, the state agency shall
78	78	provide the district with notice of the application and give the
79	79	district the opportunity to participate in any hearings on the
80	80	application.
81	81	Sec. 8889.0303. LIMITATION ON TAXES. The district may not
82	82	impose a tax in the district.
83	83	Sec. 8889.0304. FEES. The district may assess a fee as
84	84	authorized by Section 36.205, Water Code.
85	85	Sec. 8889.0305. NO EMINENT DOMAIN. The district may not
86	86	exercise the power of eminent domain.
87	87	SECTION 2. Not later than December 31, 2023, the Webb County
88	88	Commissioners Court shall appoint the directors of the Webb County
89	89	Groundwater Conservation District as provided by Section
90	90	8889.0202, Special District Local Laws Code, as added by this Act.
91	91	SECTION 3. Until new desired future conditions are approved
92	92	by Groundwater Management Area 13 with the participation of the
93	93	Webb County Groundwater Conservation District, the modeled
94	94	available groundwater from the Carrizo-Wilcox Aquifer in Webb
95	95	County is considered to be 50,000 acre-feet per year for the purpose
96	96	of amendments to the 2021 Region M regional water plan.
97	97	SECTION 4. (a) The legal notice of the intention to
98	98	introduce this Act, setting forth the general substance of this
99	99	Act, has been published as provided by law, and the notice and a
100	100	copy of this Act have been furnished to all persons, agencies,
101	101	officials, or entities to which they are required to be furnished
102	102	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
103	103	Government Code.
104	104	(b) The governor, one of the required recipients, has
105	105	submitted the notice and Act to the Texas Commission on
106	106	Environmental Quality.
107	107	(c) The Texas Commission on Environmental Quality has filed
108	108	its recommendations relating to this Act with the governor, the
109	109	lieutenant governor, and the speaker of the house of
110	110	representatives within the required time.
111	111	(d) All requirements of the constitution and laws of this
112	112	state and the rules and procedures of the legislature with respect
113	113	to the notice, introduction, and passage of this Act are fulfilled
114	114	and accomplished.
115	115	SECTION 5. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2023.