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.) | ||
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| 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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