Texas 2023 - 88th Regular

Texas Senate Bill SB2116 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9479 MP-F
2	2	By: Flores S.B. No. 2116
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Bandera County River Authority and Groundwater
8	8	District.
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 8850 to read as follows:
12	12	CHAPTER 8850. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER
13	13	DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8850.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Bandera County River
19	19	Authority and Groundwater District.
20	20	Sec. 8850.0102. NATURE OF DISTRICT. The district is a
21	21	groundwater conservation district and water control and
22	22	improvement district created under Section 59, Article XVI, Texas
23	23	Constitution.
24	24	Sec. 8850.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
25	25	(a) The district is created to serve a public purpose and benefit.
26	26	(b) The district is created to accomplish the purposes of a
27	27	water control and improvement district and a groundwater
28	28	conservation district, as provided by general law and Section 59,
29	29	Article XVI, Texas Constitution.
30	30	Sec. 8850.0104. DISTRICT TERRITORY. The boundaries of the
31	31	district are coextensive with the boundaries of Bandera County,
32	32	Texas.
33	33	SUBCHAPTER B. BOARD OF DIRECTORS
34	34	Sec. 8850.0201. COMPOSITION OF BOARD; TERMS. (a) The
35	35	district is governed by a board of nine directors.
36	36	(b) Directors serve staggered four-year terms.
37	37	Sec. 8850.0202. ELECTION OF DIRECTORS. Two directors are
38	38	elected from each commissioners precinct. One director is elected
39	39	at large.
40	40	Sec. 8850.0203. ELECTION DATE. Every two years an election
41	41	shall be held on the uniform election date in November to elect the
42	42	appropriate number of directors.
43	43	SUBCHAPTER C. POWERS AND DUTIES
44	44	Sec. 8850.0301. GROUNDWATER CONSERVATION DISTRICT POWERS.
45	45	The district has the powers and duties provided by the general law
46	46	of this state, including Chapter 36, Water Code, and Section 59,
47	47	Article XVI, Texas Constitution, applicable to groundwater
48	48	conservation districts.
49	49	Sec. 8850.0302. LIMIT ON WATER CONTROL AND IMPROVEMENT
50	50	DISTRICT POWERS. The district may exercise the powers of a water
51	51	control and improvement district, including the powers provided by
52	52	Chapters 49 and 51, Water Code, in any area of the district except
53	53	an area that is included in the territory of the Bandera County
54	54	Fresh Water Supply District No. 1.
55	55	Sec. 8850.0303. ABANDONED, DETERIORATED, OPEN, OR
56	56	UNCOVERED WATER WELLS. (a) In this section:
57	57	(1) "Abandoned well" and "deteriorated well" have the
58	58	meanings assigned by Section 1901.255, Occupations Code.
59	59	(2) "Open or uncovered well" has the meaning assigned
60	60	by Section 36.118, Water Code.
61	61	(b) The district may enter into a contract with a licensed
62	62	water well driller to or a district employee may:
63	63	(1) cap an open, uncovered, or abandoned well; or
64	64	(2) plug and permanently close a deteriorated well.
65	65	(c) A district employee may plug a well under Subsection (b)
66	66	only if the employee has received training in the proper method of
67	67	plugging a well located in a karst topographic area.
68	68	(d) The district may require the owner or lessee of land on
69	69	which an open or uncovered well is located to keep the well
70	70	permanently closed or capped as provided by Section 36.118, Water
71	71	Code.
72	72	(e) The district may use any money available to the
73	73	district, including money from grants, fees, or tax revenues, to
74	74	pay reasonable expenses incurred by the district in plugging or
75	75	capping wells on land in the district under this section. The
76	76	reasonable expenses constitute a lien on the land on which the well
77	77	is located in accordance with Section 36.118(e), Water Code.
78	78	(f) The district may enforce this section against any person
79	79	by injunction, mandatory injunction, or other appropriate remedy in
80	80	a court of competent jurisdiction as provided by Section 36.102,
81	81	Water Code.
82	82	Sec. 8850.0304. CONFLICT OF LAWS. To the extent of a
83	83	conflict between Chapter 36 and another chapter of the Water Code
84	84	applicable to the district, Chapter 36 prevails.
85	85	SECTION 2. Section 325.025(b), Government Code, is amended
86	86	to read as follows:
87	87	(b) This section applies to the:
88	88	(1) Angelina and Neches River Authority;
89	89	(2) [Bandera County River Authority and Groundwater
90	90	District;
91	91	[(3)] Brazos River Authority;
92	92	(3) [(4)] Guadalupe-Blanco River Authority;
93	93	(4) [(5)] Lavaca-Navidad River Authority;
94	94	(5) [(6)] Lower Colorado River Authority;
95	95	(6) [(7)] Lower Neches Valley Authority;
96	96	(7) [(8)] Nueces River Authority;
97	97	(8) [(9)] Red River Authority of Texas;
98	98	(9) [(10)] Sabine River Authority of Texas;
99	99	(10) [(11)] San Antonio River Authority;
100	100	(11) [(12)] San Jacinto River Authority;
101	101	(12) [(13)] Sulphur River Basin Authority;
102	102	(13) [(14)] Trinity River Authority of Texas;
103	103	(14) [(15)] Upper Colorado River Authority; and
104	104	(15) [(16)] Upper Guadalupe River Authority.
105	105	SECTION 3. The following are repealed:
106	106	(1) Chapter 629, Acts of the 62nd Legislature, Regular
107	107	Session, 1971;
108	108	(2) Chapter 654, Acts of the 71st Legislature, Regular
109	109	Session, 1989;
110	110	(3) Chapter 302, Acts of the 84th Legislature, Regular
111	111	Session, 2015; and
112	112	(4) Chapter 763, Acts of the 85th Legislature, Regular
113	113	Session, 2017.
114	114	SECTION 4. (a) The legislature finds that the Bandera
115	115	County River Authority and Groundwater District was originally
116	116	created by Chapter 629, Acts of the 62nd Legislature, Regular
117	117	Session, 1971, as the Bandera County River Authority, and then
118	118	modified or merged by Chapter 654, Acts of the 71st Legislature,
119	119	Regular Session, 1989, as the Springhills Water Management
120	120	District.
121	121	(b) The legislature further finds that the Springhills
122	122	Water Management District was renamed the Bandera County River
123	123	Authority and Groundwater District in 2003.
124	124	SECTION 5. (a) The legal notice of the intention to
125	125	introduce this Act, setting forth the general substance of this
126	126	Act, has been published as provided by law, and the notice and a
127	127	copy of this Act have been furnished to all persons, agencies,
128	128	officials, or entities to which they are required to be furnished
129	129	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
130	130	Government Code.
131	131	(b) The governor has submitted the notice and Act to the
132	132	Texas Commission on Environmental Quality.
133	133	(c) The Texas Commission on Environmental Quality has filed
134	134	its recommendations relating to this Act with the governor, the
135	135	lieutenant governor, and the speaker of the house of
136	136	representatives within the required time.
137	137	(d) All requirements of the constitution and laws of this
138	138	state and the rules and procedures of the legislature with respect
139	139	to the notice, introduction, and passage of this Act are fulfilled
140	140	and accomplished.
141	141	SECTION 6. This Act takes effect September 1, 2023.