Bill Text: TX HB3898 | 2013-2014 | 83rd Legislature | Comm Sub


Bill Title: Relating to water districts in Bandera County.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2013-05-22 - Removed from local & uncontested calendar [HB3898 Detail]

Download: Texas-2013-HB3898-Comm_Sub.html
 
 
  By: Hilderbran (Senate Sponsor - Fraser) H.B. No. 3898
         (In the Senate - Received from the House May 14, 2013;
  May 14, 2013, read first time and referred to Committee on Natural
  Resources; May 17, 2013, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 17, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to water districts in Bandera County.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle H, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8872 to read as follows:
  CHAPTER 8872. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER
  DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8872.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Bandera County River
  Authority and Groundwater District.
         Sec. 8872.002.  NATURE OF DISTRICT. The district is a
  groundwater conservation district and water control and
  improvement district created under Section 59, Article XVI, Texas
  Constitution.
         Sec. 8872.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
  The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of a
  water control and improvement district and a groundwater
  conservation district, as provided by general law and Section 59,
  Article XVI, Texas Constitution.
         Sec. 8872.004.  DISTRICT TERRITORY. The boundaries of the
  district are coextensive with the boundaries of Bandera County,
  Texas.
  [Sections 8872.005-8872.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8872.051.  COMPOSITION OF BOARD; TERMS.  (a)  The
  district is governed by a board of nine directors.
         (b)  Directors serve staggered four-year terms.
         Sec. 8872.052.  ELECTION OF DIRECTORS. Two directors are
  elected from each commissioners precinct.  One director is elected
  at large.
         Sec. 8872.053.  ELECTION DATE. Every two years an election
  shall be held on the uniform election date in November to elect the
  appropriate number of directors.
  [Sections 8872.054-8872.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8872.101.  GROUNDWATER CONSERVATION DISTRICT POWERS.
  The district has the powers and duties provided by the general law
  of this state, including Chapter 36, Water Code, and Section 59,
  Article XVI, Texas Constitution, applicable to groundwater
  conservation districts.
         Sec. 8872.102.  LIMIT ON WATER CONTROL AND IMPROVEMENT
  DISTRICT POWERS. The district may exercise the powers of a water
  control and improvement district, including the powers provided by
  Chapters 49 and 51, Water Code, in any area of the district except
  an area that is included in the territory of the Bandera County
  Fresh Water Supply District No. 1.
         Sec. 8872.103.  CONFLICT OF LAWS. To the extent of a
  conflict between Chapter 36 and another chapter of the Water Code
  applicable to the district, Chapter 36 prevails.
         SECTION 2.  The following are repealed:
               (1)  Chapter 629, Acts of the 62nd Legislature, Regular
  Session, 1971; and
               (2)  Chapter 654, Acts of the 71st Legislature, Regular
  Session, 1989.
         SECTION 3.  The term of a director elected to the board of
  the Bandera County River Authority and Groundwater District in May
  2011 expires on December 1, 2014, and the term of a director elected
  to the board in May 2013 expires December 1, 2016.
         SECTION 4.  (a)  The legislature finds that the Bandera
  County River Authority and Groundwater District was originally
  created by Chapter 629, Acts of the 62nd Legislature, Regular
  Session, 1971, as the Bandera County River Authority, and then
  modified or merged by Chapter 654, Acts of the 71st Legislature,
  Regular Session, 1989, as the Springhills Water Management
  District.
         (b)  The legislature further finds that the Springhills
  Water Management District was renamed the Bandera County River
  Authority and Groundwater District in 2003.
         SECTION 5.  (a) The 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
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor 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, the
  lieutenant governor, and the 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 6.  This Act takes effect September 1, 2013.
 
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