Bill Text: TX HB4338 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the Live Oak Underground Water Conservation District.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-05-02 - Referred to Natural Resources [HB4338 Detail]

Download: Texas-2017-HB4338-Introduced.html

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85R1955 GRM-D
By: Guillen H.B. No. 4338

A BILL TO BE ENTITLED
AN ACT
relating to the Live Oak Underground Water Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 715, Acts of the 71st Legislature,
Regular Session, 1989, is amended by amending Sections 1, 4, 5, 6,
10, 11, and 13 to read as follows:
Sec. 1. CREATION OF DISTRICT. Under Article XVI, Section
59, of the Texas Constitution, the Live Oak Underground Water
Conservation District has [is created as a governmental agency and
body politic and corporate, authorized to exercise] the powers
essential to the accomplishment of the purposes of that
constitutional provision and [to exercise] the rights, powers,
duties, privileges, and functions provided [by this Act and] by
Chapter 36 [Chapters 51 and 52], Water Code, and by other laws of
this state relating to underground water conservation districts.
Sec. 4. PURPOSE OF DISTRICT. The district is created to
provide for the conservation, preservation, protection, recharge,
and prevention of waste of the underground water reservoirs located
under district land consistent with the objectives of Article XVI,
Section 59, of the Texas Constitution and Chapter 36 [Chapters 51
and 52], Water Code.
Sec. 5. POWERS AND DUTIES OF DISTRICT. The district has
[may exercise] the powers, rights, duties, privileges, and
functions permitted by Chapter 36 [Chapters 51 and 52], Water Code
[, and may:
[(1) make and enforce rules to provide for conserving,
preserving, protecting, recharging, and preventing waste of the
water from the underground water reservoirs;
[(2) enforce its rules by injunction, mandatory
injunction, or other appropriate remedies in a court of competent
jurisdiction;
[(3) require permits for the drilling, equipping, and
completion of wells in the underground water reservoirs in the
district and issue permits that include terms and provisions with
reference to the drilling, equipping, and completion of the wells
that are necessary to prevent waste or to conserve, preserve, and
protect underground water;
[(4) provide for the spacing of wells producing from
the underground water reservoirs in the district and regulate the
production from those wells to minimize as far as practicable the
drawdown of the water table or the reduction of the artesian
pressure; provided, the owner of the land or his heirs, assigns, and
lessees are not denied a permit to drill a well on their land and the
right to produce underground water from that well subject to rules
adopted under this Act;
[(5) require records to be kept and reports to be made
of the drilling, equipping, and completion of wells into any
underground water reservoir in the district and the taking and use
of underground water from those reservoirs and require accurate
driller's logs to be kept of those wells and a copy of those logs and
of any electric logs that may be made of the wells to be filed with
the district;
[(6) acquire land for the erection of dams and for the
purpose of draining lakes, draws, and depressions; construct dams,
drain lakes, depressions, draws, and creeks; and install pumps and
other equipment necessary to recharge any underground water
reservoirs in the district;
[(7) have made by registered professional engineers
surveys of the underground water of any underground water reservoir
in the district and of the facilities for the development,
production, and use of that underground water and determine the
quantity of the underground water available for the production and
use and the improvements, developments, and recharges needed for
those underground water reservoirs;
[(8) develop comprehensive plans for the most
efficient use of the underground water of any underground water
reservoir in the district and for the control and prevention of
waste of that underground water, with the plans to specify in the
amount of detail that may be practicable, the acts, procedure,
performance, and avoidance that are or may be necessary to carry out
those plans, including specifications;
[(9) carry out research projects, develop
information, and determine limitations, if any, that should be made
on the withdrawal of underground water from any underground water
reservoir in the district;
[(10) collect and preserve information regarding the
use of the underground water and the practicability of recharge of
any underground water reservoir in the district;
[(11) publish plans and information, bring them to the
notice and attention of the users of the underground water in the
district, and encourage their adoption and execution;
[(12) contract for, sell, and distribute water from a
water import authority or other agency; and
[(13) contract with other districts with powers
similar to those of the district to achieve common goals].
Sec. 6. ADMINISTRATIVE PROCEDURES. Except as provided by
this Act, the administrative and procedural provisions of Chapter
36 [Chapters 51 and 52], Water Code, apply to the district.
Sec. 10. DISSOLUTION OF DISTRICT. Subchapter I, Chapter 36
[Subchapter G, Chapter 52], Water Code, applies to dissolution of
the district.
Sec. 11. ANNEXATION. [Additional territory may be added to
the district as provided by Chapter 51, Water Code.] The board of
directors shall determine to which precinct [the] annexed land will
be added for purposes of election of directors.
Sec. 13. STATUTORY INTERPRETATION. If there is a conflict
between this Act and Chapter 36 [Chapter 51 or 52], Water Code, this
Act controls. [If there is a conflict between the application of
Chapters 51 and 52, Water Code, to the district, Chapter 52
controls.]
SECTION 2. Section 9(a), Chapter 715, Acts of the 71st
Legislature, Regular Session, 1989, is amended to read as follows:
(a) Except as provided by Subsection (b) of this section,
the tax and bond provisions of Subchapters F and G, Chapter 36,
[Subchapter F, Chapter 49, and Subchapters K, L, M, N, and P,
Chapter 51,] Water Code, apply to the district.
SECTION 3. Section 12(e), Chapter 715, Acts of the 71st
Legislature, Regular Session, 1989, is amended to read as follows:
(e) The district shall hold an election in each
even-numbered year to elect the appropriate number of directors
[After the election of the directors at the confirmation election
held under Section 8 of this Act, regular elections for a portion of
the board of directors shall be held in each even-numbered year.
The directors elected from commissioner precincts 1 and 3 and the
director elected at large at the confirmation election shall serve
as directors until the first regular meeting of the board after the
second regular election of directors, and the directors elected
from commissioner precincts 2 and 4 at the confirmation election
shall serve until the first regular meeting of the board after the
first regular election of directors].
SECTION 4. Sections 7 and 8, Chapter 715, Acts of the 71st
Legislature, Regular Session, 1989, are repealed.
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, one of the required recipients, 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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.