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YeaNayAbsentPNV |
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PerryX |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the Bandera County River Authority and Groundwater |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8850 to read as follows: |
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CHAPTER 8850. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER |
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DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8850.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Bandera County River |
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Authority and Groundwater District. |
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Sec. 8850.0102. NATURE OF DISTRICT. The district is a |
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groundwater conservation district and water control and |
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improvement district created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8850.0103. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of a |
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water control and improvement district and a groundwater |
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conservation district, as provided by general law and Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8850.0104. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Bandera County, |
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Texas. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8850.0201. COMPOSITION OF BOARD; TERMS. (a) The |
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district is governed by a board of nine directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8850.0202. ELECTION OF DIRECTORS. Two directors are |
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elected from each commissioners precinct. One director is elected |
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at large. |
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Sec. 8850.0203. ELECTION DATE. Every two years an election |
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shall be held on the uniform election date in November to elect the |
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appropriate number of directors. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8850.0301. GROUNDWATER CONSERVATION DISTRICT POWERS. |
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The district has the powers and duties provided by the general law |
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of this state, including Chapter 36, Water Code, and Section 59, |
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Article XVI, Texas Constitution, applicable to groundwater |
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conservation districts. |
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Sec. 8850.0302. LIMIT ON WATER CONTROL AND IMPROVEMENT |
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DISTRICT POWERS. The district may exercise the powers of a water |
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control and improvement district, including the powers provided by |
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Chapters 49 and 51, Water Code, in any area of the district except |
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an area that is included in the territory of the Bandera County |
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Fresh Water Supply District No. 1. |
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Sec. 8850.0303. ABANDONED, DETERIORATED, OPEN, OR |
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UNCOVERED WATER WELLS. (a) In this section: |
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(1) "Abandoned well" and "deteriorated well" have the |
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meanings assigned by Section 1901.255, Occupations Code. |
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(2) "Open or uncovered well" has the meaning assigned |
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by Section 36.118, Water Code. |
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(b) The district may enter into a contract with a licensed |
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water well driller to or a district employee may: |
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(1) cap an open, uncovered, or abandoned well; or |
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(2) plug and permanently close a deteriorated well. |
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(c) A district employee may plug a well under Subsection (b) |
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only if the employee has received training in the proper method of |
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plugging a well located in a karst topographic area. |
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(d) The district may require the owner or lessee of land on |
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which an open or uncovered well is located to keep the well |
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permanently closed or capped as provided by Section 36.118, Water |
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Code. |
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(e) The district may use any money available to the |
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district, including money from grants, fees, or tax revenues, to |
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pay reasonable expenses incurred by the district in plugging or |
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capping wells on land in the district under this section. The |
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reasonable expenses constitute a lien on the land on which the well |
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is located in accordance with Section 36.118(e), Water Code. |
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(f) The district may enforce this section against any person |
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by injunction, mandatory injunction, or other appropriate remedy in |
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a court of competent jurisdiction as provided by Section 36.102, |
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Water Code. |
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Sec. 8850.0304. CONFLICT OF LAWS. To the extent of a |
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conflict between Chapter 36 and another chapter of the Water Code |
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applicable to the district, Chapter 36 prevails. |
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SECTION 2. Section 325.025(b), Government Code, is amended |
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to read as follows: |
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(b) This section applies to the: |
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(1) Angelina and Neches River Authority; |
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(2) [Bandera County River Authority and Groundwater |
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District; |
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[(3)] Brazos River Authority; |
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(3) [(4)] Guadalupe-Blanco River Authority; |
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(4) [(5)] Lavaca-Navidad River Authority; |
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(5) [(6)] Lower Colorado River Authority; |
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(6) [(7)] Lower Neches Valley Authority; |
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(7) [(8)] Nueces River Authority; |
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(8) [(9)] Red River Authority of Texas; |
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(9) [(10)] Sabine River Authority of Texas; |
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(10) [(11)] San Antonio River Authority; |
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(11) [(12)] San Jacinto River Authority; |
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(12) [(13)] Sulphur River Basin Authority; |
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(13) [(14)] Trinity River Authority of Texas; |
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(14) [(15)] Upper Colorado River Authority; and |
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(15) [(16)] Upper Guadalupe River Authority. |
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SECTION 3. The following are repealed: |
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(1) Chapter 629, Acts of the 62nd Legislature, Regular |
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Session, 1971; |
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(2) Chapter 654, Acts of the 71st Legislature, Regular |
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Session, 1989; |
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(3) Chapter 302, Acts of the 84th Legislature, Regular |
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Session, 2015; and |
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(4) Chapter 763, Acts of the 85th Legislature, Regular |
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Session, 2017. |
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SECTION 4. (a) The legislature finds that the Bandera |
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County River Authority and Groundwater District was originally |
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created by Chapter 629, Acts of the 62nd Legislature, Regular |
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Session, 1971, as the Bandera County River Authority, and then |
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modified or merged by Chapter 654, Acts of the 71st Legislature, |
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Regular Session, 1989, as the Springhills Water Management |
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District. |
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(b) The legislature further finds that the Springhills |
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Water Management District was renamed the Bandera County River |
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Authority and Groundwater District in 2003. |
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SECTION 5. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 6. This Act takes effect September 1, 2023. |
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* * * * * |