Bill Text: TX SB1268 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the taxing power of the North Plains Groundwater Conservation District.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-21 - Committee report sent to Calendars [SB1268 Detail]
Download: Texas-2017-SB1268-Comm_Sub.html
By: Seliger | S.B. No. 1268 | |
(Price) | ||
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relating to the taxing power of the North Plains Groundwater | ||
Conservation District. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2, Chapter 498, Acts of the 54th | ||
Legislature, Regular Session, 1955, is amended to read as follows: | ||
Sec. 2. North Plains Groundwater Conservation District, | ||
hereinafter sometimes referred to as the District, shall have and | ||
exercise and is hereby vested with all of the rights, powers, | ||
privileges and duties conferred and imposed by the general laws of | ||
this State now enforced or hereafter enacted applicable to | ||
groundwater conservation districts created under authority of | ||
Article XVI, Section 59 of the Constitution of Texas, and Chapter | ||
36, Water Code, to: | ||
(1) formulate, promulgate and enforce rules and | ||
regulations for the purpose of conserving, preserving, protecting | ||
and recharging the water of any groundwater reservoir or | ||
subdivision of a groundwater reservoir in the district; | ||
(2) formulate, promulgate and enforce rules and | ||
regulations to prevent the waste, as defined in Chapter 36, Water | ||
Code, of the underground water of any groundwater reservoir or | ||
subdivision of a groundwater reservoir in the district; | ||
(3) require permits for the drilling, equipping and | ||
completion of wells in any groundwater reservoir of a groundwater | ||
reservoir in the district and to issue such permits subject to such | ||
terms and provisions with reference to the drilling, equipping and | ||
completion thereof as may be necessary to prevent waste or | ||
contamination; | ||
(4) provide for the spacing of wells producing from | ||
any groundwater reservoir or subdivision of a groundwater reservoir | ||
in the district and to regulate the production therefrom so as to | ||
minimize as far as practicable the drawdown of the water table or | ||
the reduction of the artesian pressure; provided, however, the | ||
owner of the land, his heirs, assigns and lessees, shall not be | ||
denied a permit to drill a well on his land and produce groundwater | ||
therefrom subject to rules and regulations promulgated hereunder to | ||
prevent waste or contamination; | ||
(5) require records to be kept and reports to be made | ||
of the drilling, equipping, and completion of wells into the | ||
reservoirs or subdivisions of groundwater reservoirs and the taking | ||
and use of groundwater therefrom; to require accurate drillers' | ||
logs to be kept of such wells and a copy thereof and of any electric | ||
logs which may be made of such wells to be filed with the district; | ||
(6) acquire lands for the erection of dams and for the | ||
purpose of draining lakes, draws, and depressions, and to construct | ||
dams, drain lakes, depressions, draws, and creeks and to install | ||
pumps and other equipment necessary to recharge any groundwater | ||
reservoir or subdivision of a groundwater reservoir in the | ||
district; | ||
(7) cause to be made by a registered professional | ||
engineer or qualified groundwater scientist surveys of the | ||
underground water of all groundwater reservoirs or subdivisions of | ||
groundwater reservoirs in the district and of the facilities for | ||
the development, production and use of such water, to determine the | ||
quantity thereof available for production and use and the | ||
improvements, developments, and recharges needed for such | ||
groundwater reservoirs or subdivisions of groundwater reservoirs | ||
in the district; | ||
(8) develop comprehensive plans for the most efficient | ||
use of the water of the groundwater reservoirs or subdivisions of | ||
groundwater reservoirs in the district and for the control and | ||
prevention of waste of such groundwater, which plans shall specify | ||
in such detail as may be practicable the acts, procedure, | ||
performance and avoidance which are or may be necessary to effect | ||
such plans, including specifications therefor; to carry out | ||
research projects, develop information and determine limitations, | ||
if any, which should be made on the withdrawal of water from the | ||
groundwater reservoirs or subdivisions of groundwater reservoirs | ||
in the district; to collect and preserve information regarding the | ||
use of such water and the practicability of recharge of the | ||
groundwater reservoirs or subdivisions of groundwater reservoirs | ||
in the district; to publish such plans and information, bring them | ||
to the notice and attention of the users of such groundwater within | ||
the district, and to encourage their adoption and execution; | ||
(9) enforce, by injunction, mandatory injunction or | ||
other appropriate remedy, in courts of competent jurisdiction, | ||
rules and regulations duly adopted and promulgated by such | ||
district; provided, that no rule or regulation shall be effective | ||
until a brief resume thereof has been published once a week for two | ||
(2) consecutive weeks in one or more newspapers to give circulation | ||
within the district, and such rule or regulation is to be effective | ||
not less than fourteen (14) days after the date of the first | ||
publication; | ||
(10) incur all such indebtedness as may be necessary | ||
and requisite to the achievement of the purposes for which the | ||
district is created; to issue negotiable bonds and notes in the name | ||
of the district for any lawful purpose of the district and levy and | ||
collect such ad valorem taxes as may be necessary for the payment of | ||
the interest and the creation of a sinking fund for the payment of | ||
such bonds, the issuance of such bonds and the levy and collection | ||
of taxes to be in accordance with Chapter 36, Water Code; to levy | ||
and collect the ad valorem tax authorized at the election held | ||
January 21, 1955, for the maintenance of such district, its | ||
installations and activities; to hereafter order elections for the | ||
purpose of authorizing the levy and collection of taxes for the | ||
maintenance of the district, its installations and activities, such | ||
elections to be ordered and held as is provided for elections | ||
authorizing the issuance of bonds; provided that in all bond | ||
elections and tax elections all persons may vote who are resident | ||
voters of such district; [ |
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district may have its taxes assessed and collected by the | ||
respective county tax assessors and collectors as provided in | ||
Chapter 218, Page 348, Acts, Fifty-second Legislature, Regular | ||
Session, 1951. | ||
SECTION 2. (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 3. This Act takes effect September 1, 2017. |