Bill Text: TX SB1440 | 2015-2016 | 84th Legislature | Introduced

Texas Senate Bill 1440 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to the territory, jurisdiction, board composition, elections, and powers of the Barton Springs-Edwards Aquifer Conservation District, including its authority to regulate certain wells for the production of groundwater; imposing a cap on certain fees.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-05-13 - Not again placed on intent calendar [SB1440 Detail]

Download: Texas-2015-SB1440-Introduced.html

	84R7594 SGA-F

	By: Campbell	S.B. No. 1440



	A BILL TO BE ENTITLED
	AN ACT
	relating to the territory and authority of the Barton
	Springs-Edwards Aquifer Conservation District to regulate certain
	wells for the production of groundwater.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 8802, Special District
	Local Laws Code, is amended by adding Section 8802.0035 to read as
	follows:
	Sec. 8802.0035. SHARED TERRITORY; JURISDICTION. (a) The
	territory of the district includes any territory that is:
	(1) inside the boundaries of the Edwards Aquifer
	Authority; and
	(2) in Hays County.
	(b) The Edwards Aquifer Authority has jurisdiction over any
	well that is drilled to produce water from the Edwards Aquifer in
	the shared territory described by Subsection (a).
	(c) The district has jurisdiction over any well that is
	drilled to produce water from any aquifer other than the Edwards
	Aquifer in the shared territory described by Subsection (a).
	(d) The district has jurisdiction over any well that is
	drilled to produce water from the Edwards Aquifer or any other
	aquifer in the territory described by Section 8802.003.
	SECTION 2. As soon as practicable after the effective date
	of this Act, and in conformance with the requirements of Section
	8802.053, Special District Local Laws Code, the board of directors
	of the Barton Springs-Edwards Aquifer Conservation District shall
	revise the single-member districts as the board considers
	appropriate to reflect the changes in territory made by Section
	8802.0035, Special District Local Laws Code, as added by this Act.
	SECTION 3. (a) The legislature validates and confirms all
	acts and proceedings of the board of directors of the Barton
	Springs-Edwards Aquifer Conservation District that were taken
	before the effective date of this Act.
	(b) Subsection (a) of this section does not apply to any
	matter that on the effective date of this Act:
	(1) is involved in litigation if the litigation
	ultimately results in the matter being held invalid by a final
	judgment of a court; or
	(2) has been held invalid by a final judgment of a
	court.
	SECTION 4. (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 5. 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, 2015.