By Hilderbran, et al. H.B. No. 2801
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regional management of the Edwards Aquifer.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. GENERAL PROVISIONS
1-5 Sec. 1.01. DEFINITIONS. In this Act:
1-6 (1) "Authority" means the Edwards Aquifer Regional
1-7 Authority.
1-8 (2) "Commission" means the Texas Natural Resource
1-9 Conservation Commission.
1-10 (3) "Conservation" means:
1-11 (A) the development of water resources; and
1-12 (B) those practices, techniques, and
1-13 technologies that will reduce the consumption of water, reduce the
1-14 loss or waste of water, improve the efficiency in the use of water,
1-15 or increase the recycling and reuse of water so that a water supply
1-16 is made available for future or alternative uses.
1-17 (4) "District" or "member district" means an
1-18 underground water conservation district designated or created under
1-19 this Act as a member of the authority.
1-20 (5) "Edwards Aquifer" means that portion of an arcuate
1-21 belt of porous, water-bearing, predominantly carbonate rocks known
1-22 as the Edwards and Associated Limestones in the Balcones Fault Zone
1-23 trending from west to east to northeast in Kinney, Uvalde, Medina,
2-1 Atascosa, Bexar, Guadalupe, and Comal counties, and in Hays County
2-2 south of the hydrologic division near Kyle that separates flow
2-3 toward the San Marcos River from flow to the Colorado River Basin;
2-4 and composed of the Salmon Peak Limestone, McKnight Formation, West
2-5 Nueces Formation, Devil's River Limestone, Person Formation, Kainer
2-6 Formation, Edwards Formation, Georgetown Formation, and Walnut
2-7 Formation.
2-8 (6) "Groundwater" includes only groundwater in the
2-9 Edwards Aquifer.
2-10 (7) "Reuse" means the use of groundwater for any
2-11 beneficial purpose or purposes, without regard to the necessity or
2-12 degree of treatment that may be required, after the groundwater has
2-13 been previously used for any beneficial purpose or purposes.
2-14 (8) "Use for beneficial purpose" or "beneficial use"
2-15 means, without regard to priority, use for:
2-16 (A) agricultural, gardening, domestic, stock
2-17 raising, municipal, mining, manufacturing, industrial, commercial,
2-18 recreational, or pleasure purposes;
2-19 (B) exploring for, producing, handling, or
2-20 treating oil, gas, sulphur, or other minerals; or
2-21 (C) any other purpose that is useful and
2-22 beneficial to the user.
2-23 (9) "User" means a person who uses:
2-24 (A) groundwater withdrawn from a well completed
2-25 in the Edwards Aquifer; or
3-1 (B) water from the downstream flow from the
3-2 Edwards Aquifer.
3-3 (10) "Waste" means any one or more of the following:
3-4 (A) withdrawal of underground water from an
3-5 underground water reservoir or water-bearing formation at a rate
3-6 and in an amount that causes or threatens to cause intrusion into
3-7 the reservoir or water-bearing formation of water unsuitable for
3-8 agricultural, gardening, domestic, or stock raising purposes;
3-9 (B) the flowing or producing of wells from an
3-10 underground water reservoir or water-bearing formation if the water
3-11 produced is not used for a beneficial purpose;
3-12 (C) escape of underground water from an
3-13 underground water reservoir or water-bearing formation to any other
3-14 reservoir that does not contain underground water;
3-15 (D) pollution or harmful alteration of
3-16 underground water in an underground water reservoir or
3-17 water-bearing formation by salt water, other deleterious matter
3-18 admitted from another stratum or from the surface of the ground;
3-19 (E) wilfully or negligently causing, suffering,
3-20 or permitting underground water to escape into any river, creek,
3-21 natural watercourse, depression, lake, reservoir, drain, sewer,
3-22 street, highway, road, or road ditch, or onto any land other than
3-23 that of the owner of the well; or
3-24 (F) groundwater pumped for irrigation that
3-25 escapes as irrigation tailwater onto land other than that of the
4-1 owner of the well unless permission has been granted by the
4-2 occupant of the land receiving the discharge.
4-3 Sec. 1.02. JURISDICTION OF COMMISSION. The rights, powers,
4-4 privileges, authority, and functions of the authority and of each
4-5 member district are subject to the continuing right of supervision
4-6 of the state to be exercised by and through the commission.
4-7 ARTICLE 2. EDWARDS AQUIFER REGIONAL AUTHORITY
4-8 Sec. 2.01. CREATION OF AUTHORITY. (a) A conservation and
4-9 reclamation authority to be known as the Edwards Aquifer Regional
4-10 Authority is created.
4-11 (b) The authority is created under and is essential to
4-12 accomplish the purposes of Article XVI, Section 59, of the Texas
4-13 Constitution.
4-14 Sec. 2.02. BOUNDARIES OF AUTHORITY. The authority includes
4-15 all the territory within the counties of Bexar, Comal, Hays,
4-16 Medina, and Uvalde.
4-17 Sec. 2.03. FINDING OF BENEFIT. All of the land and other
4-18 property included in the boundaries of the authority will be
4-19 benefited by the works and projects that are to be accomplished by
4-20 the authority under the powers conferred by Article XVI, Section
4-21 59, of the Texas Constitution. The authority is created to serve a
4-22 public use and benefit.
4-23 Sec. 2.04. CONFIRMATION ELECTION NOT REQUIRED. An election
4-24 to confirm the creation of the authority is not required.
4-25 ARTICLE 3. ADMINISTRATION OF AUTHORITY
5-1 Sec. 3.01. BOARD OF DIRECTORS. (a) The authority is
5-2 governed by a board of five directors appointed by the governor
5-3 with the advice and consent of the senate.
5-4 (b) The board of directors consists of one director
5-5 appointed from the board of directors of each member district.
5-6 (c) A director serves a two-year term. The governor may
5-7 appoint as director a person whose remaining term on a district
5-8 board is less than two years and subsequently appoint another
5-9 person to serve the unexpired term on the authority board.
5-10 (d) A person appointed to fill a vacancy on the board:
5-11 (1) must be a member of the board of the member
5-12 district from which the person vacating the position was appointed;
5-13 and
5-14 (2) serves only for the unexpired term of the person
5-15 vacating the position.
5-16 (e) A director serves until the director's successor
5-17 qualifies and takes office.
5-18 Sec. 3.02. Oath of Office. (a) Each director shall take
5-19 the oath of office prescribed by the constitution for public
5-20 officers.
5-21 (b) The oath shall be filed with the authority and retained
5-22 in its records.
5-23 Sec. 3.03. Organization of Board. After the directors have
5-24 been appointed, the board shall organize by electing a president, a
5-25 vice-president, a secretary, and any other officers that in the
6-1 judgment of the board are necessary.
6-2 Sec. 3.04. Compensation of Directors. Directors receive no
6-3 compensation for service on the board but are entitled to receive
6-4 reimbursement of actual and necessary expenses incurred in the
6-5 performance of their duties.
6-6 Sec. 3.05. Officers; Quorum. A simple majority of the full
6-7 board constitutes a quorum for a meeting, and a concurrence of a
6-8 simple majority of the full board is sufficient for transacting
6-9 business of the authority.
6-10 Sec. 3.06. Meetings. (a) The board shall hold regular
6-11 quarterly meetings. It may hold meetings at other times as
6-12 required for the business of the authority.
6-13 (b) Any person may attend a meeting of the board and may
6-14 present in an orderly manner matters for the board's consideration.
6-15 (c) Meetings shall be conducted and notice of meetings shall
6-16 be posted in accordance with the open meetings law, Chapter 271,
6-17 Acts of the 60th Legislature, Regular Session, 1967 (Article
6-18 6252-17, Vernon's Texas Civil Statutes).
6-19 Sec. 3.07. Minutes and Records of District. The board shall
6-20 keep a complete account of all its meetings and proceedings and
6-21 shall preserve its minutes, contracts, records, notices, accounts,
6-22 receipts, and other records in a safe place. All minutes,
6-23 contracts, records, notices, accounts, receipts, and other records
6-24 are the property of the authority and subject to public inspection.
6-25 Sec. 3.08. General Manager. The board may employ a general
7-1 manager and give him full authority in the management and operation
7-2 of the affairs of the authority, subject only to the orders of the
7-3 board.
7-4 Sec. 3.09. Employees of District. (a) The board may employ
7-5 or authorize the manager to employ all persons necessary for the
7-6 proper handling of the business and operation of the authority, its
7-7 plant, and improvements.
7-8 (b) The board shall determine the compensation to be paid
7-9 the general manager and any other employee of the authority or it
7-10 may choose to allow the manager to determine the compensation to be
7-11 paid the employees other than the general manager. An employee may
7-12 be removed by the board or by the general manager.
7-13 (c) The board shall require an employee who collects, pays,
7-14 or handles any funds of the authority to furnish good and
7-15 sufficient bond, payable to the authority, for a sufficient amount
7-16 to safeguard the authority. The bond shall be conditioned on the
7-17 faithful performance of the employee's duties and on accounting for
7-18 all funds and property of the authority.
7-19 (d) The bond may be signed by individual sureties or by a
7-20 surety company authorized to do business in the state.
7-21 ARTICLE 4. POWERS AND DUTIES OF AUTHORITY
7-22 Sec. 4.01. GENERAL AUTHORITY. The authority shall conserve,
7-23 preserve, protect, and increase the recharge of and prevent the
7-24 waste and pollution of underground water in the Edwards Aquifer.
7-25 Sec. 4.02. Contracts. (a) The authority may contract with
8-1 any individual or public or private entity as necessary or
8-2 appropriate to effectively exercise the powers and duties provided
8-3 by this Act.
8-4 (b) Authority contracts shall be executed by the board in
8-5 the name of the authority.
8-6 Sec. 4.03. ACQUISITION OF FACILITIES. The authority may
8-7 acquire lands and easements by purchase or by exercise of the power
8-8 of eminent domain for the erection of dams and for the purpose of
8-9 drilling and equipping in-put wells, and to drill, equip and
8-10 operate in-put wells, construct dams, and to install pumps and
8-11 other equipment necessary to recharge underground water-bearing
8-12 formations.
8-13 Sec. 4.04. ACQUISITION OF WATER AND WATER RIGHTS FOR
8-14 RECHARGE. The authority may acquire by contract or purchase,
8-15 waters and water rights determined by the board to be necessary or
8-16 appropriate for conserving and recharging underground water-bearing
8-17 formations and may appropriate water for recharge under Chapter 11,
8-18 Water Code.
8-19 Sec. 4.05. SURVEYS AND INVESTIGATIONS. The authority may
8-20 employ professional engineers to survey the underground water
8-21 reservoirs or subdivisions and the underground water-bearing
8-22 formations and may undertake investigations to determine the
8-23 movement of underground water and the quantity available for
8-24 production and use and the improvements and developments needed in
8-25 recharging underground water reservoirs or subdivisions and
9-1 underground water-bearing strata.
9-2 Sec. 4.06. COMPREHENSIVE PLANS. The authority shall develop
9-3 comprehensive plans for the most efficient use of underground water
9-4 and for the prevention of waste and pollution of underground water,
9-5 shall collect and preserve information regarding the prevention of
9-6 waste and pollution of underground water, and shall make the plans
9-7 and information available to the public.
9-8 Sec. 4.07. SUITS. The authority may institute and defend
9-9 suits and proceedings before any court or any administrative body
9-10 or agency, state or federal, in carrying out the purposes, powers,
9-11 and functions of the authority.
9-12 Sec. 4.08. CONTRACTS WITH POLITICAL SUBDIVISIONS AND
9-13 GOVERNMENTAL ENTITIES. The authority may contract with and
9-14 participate in joint efforts and projects with water districts,
9-15 conservation districts, cities and towns, counties and municipal
9-16 and governmental agencies, both state and federal, and with
9-17 individuals and private corporations, for the purpose of
9-18 conserving, protecting, recharging, or benefiting underground
9-19 water-bearing formations within the authority and waters in those
9-20 formations.
9-21 Sec. 4.09. DROUGHT MANAGEMENT PLAN. (a) The drought
9-22 management plan of the authority is the drought management plan
9-23 adopted on September 1, 1988, by the Edwards Underground Water
9-24 District under Section 3(10), Chapter 99, Acts of the 56th
9-25 Legislature, Regular Session, 1959 (Article 8280-219, Vernon's
10-1 Texas Civil Statutes). The authority shall implement and enforce
10-2 that plan.
10-3 (b) The authority may amend the drought management plan.
10-4 Sec. 4.10. CONSERVATION AND REUSE. (a) The authority shall
10-5 adopt and implement conservation and reuse plans, including
10-6 conservation goals for residential, commercial, industrial, and
10-7 agricultural users.
10-8 (b) A conservation or reuse plan adopted under this section
10-9 shall set priorities for use as follows:
10-10 (1) domestic and municipal uses and irrigation;
10-11 (2) industrial uses;
10-12 (3) mining and recovery of minerals;
10-13 (4) hydroelectric power;
10-14 (5) navigation;
10-15 (6) recreation and pleasure; and
10-16 (7) other beneficial uses.
10-17 (c) A conservation or reuse plan adopted under this section
10-18 applies to all municipalities within the territory of the
10-19 authority.
10-20 Sec. 4.11. AUGMENTATION. The authority shall develop and
10-21 implement augmentation plans to maintain springflow or to replace
10-22 springflow downstream from spring openings.
10-23 Sec. 4.12. RECHARGE DAMS. (a) The authority may build
10-24 recharge dams in the recharge area of the aquifer.
10-25 (b) The commission shall determine the historic yield of
11-1 floodwaters to the Nueces River basin. The historical yield is
11-2 equal to the lesser of:
11-3 (1) the average annual yield for the period from 1950
11-4 to 1987; or
11-5 (2) the annual yield for 1987.
11-6 (c) Only the amount of floodwaters in excess of the historic
11-7 yield as determined by the commission may be impounded by recharge
11-8 dams under this section.
11-9 Sec. 4.13. SURFACE RESERVOIRS AND INTERBASIN
11-10 TRANSFERS; ACQUISITION OF WATER RIGHTS. (a) The authority may
11-11 build surface water reservoirs.
11-12 (b) The authority may contract to obtain interbasin
11-13 transfers of water.
11-14 (c) The authority may purchase or lease water rights.
11-15 (d) The following water rights shall be granted to the
11-16 authority:
11-17 (1) all water rights in Canyon Lake that are available
11-18 for appropriation;
11-19 (2) all water newly developed and available after
11-20 September 1, 1993, from floodwater or drainage; and
11-21 (3) all water rights that become available for
11-22 appropriation after a cancellation proceeding brought by the
11-23 commission relating to downstream rights in the Nueces, San
11-24 Antonio, or Guadalupe-Blanco River basin.
11-25 Sec. 4.14. WATER MARKETS. (a) In order to make more water
12-1 available during periods of reduced supply, the authority by rule
12-2 shall establish guidelines under which the authority, a member
12-3 district, a municipality, a river authority, or private downstream
12-4 users either individually or in consortium may by contract with a
12-5 surface owner who uses or produces water from the aquifer for
12-6 irrigation obtain an option to require the owner not to use or
12-7 produce water for irrigation during dry periods when additional
12-8 water supplies are needed.
12-9 (b) A contract under this section may be executed for a
12-10 period not to exceed five years and may be renewed.
12-11 (c) A contract to suspend use or production of water under
12-12 this section does not affect the surface owner's right, after the
12-13 expiration of the contract, to use or produce water from the
12-14 aquifer in quantities equal to quantities used or produced by the
12-15 owner before the date of the contract.
12-16 Sec. 4.15. FEES. The authority may charge user fees,
12-17 including permit fees and replenishment fees, to downstream users.
12-18 Sec. 4.16. TAXES. The authority may not impose a tax.
12-19 Sec. 4.17. BONDS. The authority may not issue bonds.
12-20 Sec. 4.18. RULES. The authority shall adopt and enforce
12-21 reasonable rules to carry out its powers and duties under this
12-22 article.
12-23 Sec. 4.19. ENFORCEMENT. The authority or a member district
12-24 may enforce rules adopted by the authority under this article by
12-25 injunction, mandatory injunction, or other appropriate remedy in a
13-1 court of competent jurisdiction.
13-2 Sec. 4.20. ANNUAL AUDIT. Annually, the board shall have an
13-3 audit made of the financial condition of the authority.
13-4 ARTICLE 5. CREATION, DESIGNATION, AND POWERS OF MEMBER DISTRICTS
13-5 Sec. 5.01. DESIGNATION OF MEMBER DISTRICTS. (a) The Medina
13-6 County Underground Water Conservation District, as validated by
13-7 Chapter 177, Acts of the 72nd Legislature, Regular Session, 1991,
13-8 is a member district.
13-9 (b) Each district created under this article and confirmed
13-10 by an election as provided by this article is a member district.
13-11 Sec. 5.02. Creation of Other Member Districts. (a) An
13-12 underground water conservation district is created in each of the
13-13 following counties, subject to approval at a confirmation election
13-14 under Section 5.11 of this Act:
13-15 (1) in Bexar County, the Bexar County Underground
13-16 Water Conservation District;
13-17 (2) in Comal County, the Comal County Underground
13-18 Water Conservation District;
13-19 (3) in Hays County, the Hays County Underground Water
13-20 Conservation District; and
13-21 (4) in Uvalde County, the Uvalde County Underground
13-22 Water Conservation District.
13-23 (b) Each district is a governmental agency and a body
13-24 politic and corporate.
13-25 (c) Each district is created under and is essential to
14-1 accomplish the purposes of Article XVI, Section 59, of the Texas
14-2 Constitution.
14-3 Sec. 5.03. Definition. In this article, "district" means an
14-4 underground water conservation district created under this article.
14-5 Sec. 5.04. Boundaries. (a) The boundaries of the Bexar
14-6 County Underground Water Conservation District are coextensive with
14-7 the boundaries of Bexar County, Texas.
14-8 (b) The boundaries of the Comal County Underground Water
14-9 Conservation District are coextensive with the boundaries of Comal
14-10 County, Texas.
14-11 (c) The boundaries of the Hays County Underground Water
14-12 Conservation District are coextensive with the boundaries of Hays
14-13 County, Texas, except for that territory included in the Barton
14-14 Springs-Edwards Aquifer Conservation District.
14-15 (d) The boundaries of the Uvalde County Underground Water
14-16 Conservation District are coextensive with the boundaries of Uvalde
14-17 County, Texas.
14-18 Sec. 5.05. FINDING OF BENEFIT. All of the land and other
14-19 property included within the boundaries of each district will be
14-20 benefited by the works and projects that are to be accomplished by
14-21 the district under powers conferred by Article XVI, Section 59, of
14-22 the Texas Constitution. The districts are created to serve a
14-23 public use and benefit.
14-24 Sec. 5.06. POWERS. Each district has all of the rights,
14-25 powers, privileges, authority, functions, and duties provided by
15-1 the general law of this state, including Chapters 50 and 52, Water
15-2 Code, applicable to underground water conservation districts
15-3 created under Article XVI, Section 59, of the Texas Constitution.
15-4 This article prevails over any provision of general law that is in
15-5 conflict or inconsistent with this article.
15-6 Sec. 5.07. ELECTION OF DIRECTORS. (a) The directors of
15-7 each district shall be elected according to the single-member
15-8 subdistrict method as provided by this article.
15-9 (b) One director shall be elected from each single-member
15-10 subdistrict by the electors of that subdistrict.
15-11 (c) A person shall indicate on the application for a place
15-12 on the ballot the single-member subdistrict that the person seeks
15-13 to represent.
15-14 (d) Each district board of directors shall revise each
15-15 single-member subdistrict after each federal decennial census to
15-16 reflect population changes. At the first election after the
15-17 subdistricts are revised, a new director shall be elected from each
15-18 subdistrict. The directors shall draw lots to determine which two
15-19 directors shall serve two-year terms and which three directors
15-20 shall serve four-year terms.
15-21 Sec. 5.08. BOARD OF DIRECTORS. (a) Each district is
15-22 governed by a board of five directors.
15-23 (b) A vacancy in the office of director shall be filled by
15-24 appointment of the district board until the next election for
15-25 directors. If the position is not scheduled to be filled at the
16-1 election, the person elected to fill the position shall serve only
16-2 for the remainder of the unexpired term.
16-3 (c) To be eligible to serve as director, a person must be a
16-4 registered voter in the subdistrict from which the person is
16-5 elected or appointed.
16-6 Sec. 5.09. SERVICE OF DIRECTORS. (a) Temporary directors
16-7 serve until initial directors are elected under Section 5.11.
16-8 (b) Initial directors serve until permanent directors are
16-9 elected under Section 5.12.
16-10 (c) Permanent directors serve staggered four-year terms.
16-11 (d) Each director must qualify to serve as director in the
16-12 manner provided by Sections 51.078 and 51.079, Water Code.
16-13 (e) A director serves until the director's successor has
16-14 qualified.
16-15 Sec. 5.10. TEMPORARY DIRECTORS. (a) The temporary board of
16-16 directors of the Bexar County Underground Water Conservation
16-17 District is composed of:
16-18 (1) _____________
16-19 (2) _____________
16-20 (3) _____________
16-21 (4) _____________
16-22 (5) _____________
16-23 (b) The temporary board of directors of the Comal County
16-24 Underground Water Conservation District is composed of:
16-25 (1) _______________
17-1 (2) _______________
17-2 (3) _______________
17-3 (4) _______________
17-4 (5) _______________
17-5 (c) The temporary board of directors of the Hays County
17-6 Underground Water Conservation District is composed of:
17-7 (1) _______________
17-8 (2) _______________
17-9 (3) _______________
17-10 (4) _______________
17-11 (5) _______________
17-12 (d) The temporary board of directors of the Uvalde County
17-13 Underground Water Conservation District is composed of:
17-14 (1) _______________
17-15 (2) _______________
17-16 (3) _______________
17-17 (4) _______________
17-18 (5) _______________
17-19 (e) If a temporary director of a district fails to qualify
17-20 for office, the temporary directors of that district who have
17-21 qualified shall appoint a person to fill the vacancy. If at any
17-22 time there are fewer than three qualified temporary directors for a
17-23 district, the Texas Water Commission shall appoint the necessary
17-24 number of persons to fill all vacancies on the district board.
17-25 (f) The temporary board of directors for each district shall
18-1 establish five single-member subdistricts from which initial and
18-2 permanent directors are elected.
18-3 Sec. 5.11. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
18-4 (a) The temporary board of directors of each district shall call
18-5 and hold an election to confirm establishment of the district and
18-6 to elect five initial directors.
18-7 (b) A person, including a temporary director, who desires to
18-8 be a candidate for the office of initial director for a district
18-9 may file an application with the temporary board of the district to
18-10 have the candidate's name printed on the ballot as provided by
18-11 Section 52.107, Water Code.
18-12 (c) At the confirmation and initial directors' election for
18-13 each district, the temporary board of directors shall have the name
18-14 of any candidate filing for the office of director as provided by
18-15 Subsection (b) of this section placed on the ballot and blank
18-16 spaces to write in the names of other persons. If the district is
18-17 created at the election, the temporary directors, at the time the
18-18 vote is canvassed, shall declare the person who receives the most
18-19 votes in each subdistrict to be elected as director for that
18-20 subdistrict and the person who receives the most votes in the
18-21 district to be elected as director for the district at large. The
18-22 district shall include the results of the directors' election in
18-23 its election report to the Texas Water Commission.
18-24 (d) Section 41.001(a), Election Code, does not apply to a
18-25 confirmation and initial directors' election held as provided by
19-1 this section.
19-2 (e) Except as provided by this section, a confirmation and
19-3 initial directors' election must be conducted as provided by
19-4 Sections 52.059(b)-(g), Water Code, and by the Election Code.
19-5 Sec. 5.12. ELECTION OF DIRECTORS. On the first Saturday in
19-6 May of the second year after the year in which the district is
19-7 authorized to be created at a confirmation election, an election
19-8 shall be held in each district for the election of two directors
19-9 who shall each serve two-year terms and three directors who shall
19-10 each serve four-year terms. Thereafter, on the same date in each
19-11 subsequent second year, the appropriate number of directors shall
19-12 be elected to each district board.
19-13 Sec. 5.13. EFFECT OF FAILURE TO CONFIRM CREATION OF
19-14 DISTRICT. If at the confirmation election for any district created
19-15 under this article the majority of voters in the county vote
19-16 against confirmation of the district and the district is not
19-17 created, then:
19-18 (1) the commission shall exercise the powers of a
19-19 district created under Chapter 52, Water Code, to conserve,
19-20 preserve, protect, and increase the recharge of and prevent the
19-21 waste and pollution of groundwater in that county; and
19-22 (2) the governor shall appoint any qualified voter in
19-23 that county to the board of directors of the authority.
19-24 Sec. 5.14. ADDITIONAL POWERS AND DUTIES OF MEMBER DISTRICTS.
19-25 (a) A member district shall adopt and implement and may enforce
20-1 rules and plans adopted by the authority under Article 4 of this
20-2 Act.
20-3 (b) A member district must exercise its powers under Chapter
20-4 52, Water Code, in conformity with any rule and plan adopted by the
20-5 authority under Article 4 of this Act.
20-6 (c) If a member district and the authority have the same
20-7 power or duty under Chapter 52, Water Code, and this Act, the
20-8 district may contract with the authority to exercise the power or
20-9 perform the duty for the district.
20-10 (d) A member district annually shall make available to the
20-11 authority, in a form acceptable to the authority, all information
20-12 relating to production and use of groundwater within the district
20-13 that the district compiles under Chapter 52, Water Code.
20-14 (e) A member district may charge permit fees.
20-15 ARTICLE 6. MISCELLANEOUS PROVISIONS
20-16 Sec. 6.01. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
20-17 (a) The proper and legal notice of the intention to introduce this
20-18 Act, setting forth the general substance of this Act, has been
20-19 published as provided by law, and the notice and a copy of this Act
20-20 have been furnished to all persons, agencies, officials, or
20-21 entities to which they are required to be furnished by the
20-22 constitution and other laws of this state, including the governor,
20-23 who has submitted the notice and Act to the Texas Water Commission.
20-24 (b) The Texas Water Commission has filed its recommendations
20-25 relating to this Act with the governor, lieutenant governor, and
21-1 speaker of the house of representatives within the required time.
21-2 (c) All requirements of the constitution and laws of this
21-3 state and the rules and procedures of the legislature with respect
21-4 to the notice, introduction, and passage of this Act are fulfilled
21-5 and accomplished.
21-6 Sec. 6.02. REPEALER; TRANSFERS; RULES. (a) Chapter 99,
21-7 Acts of the 56th Legislature, Regular Session, 1959 (Article
21-8 8280-219, Vernon's Texas Civil Statutes), is repealed, and the
21-9 Edwards Underground Water District is abolished.
21-10 (b) On the effective date of this Act:
21-11 (1) all files and records of the Edwards Underground
21-12 Water District pertaining to control, management, and operation of
21-13 the district are transferred from the Edwards Underground Water
21-14 District to the Edwards Aquifer Regional Authority;
21-15 (2) all real property, leases, and rights of the
21-16 Edwards Underground Water District are transferred to the Edwards
21-17 Aquifer Regional Authority; and
21-18 (3) all unobligated and unexpended funds of the
21-19 Edwards Underground Water District shall be transferred to the
21-20 Edwards Aquifer Regional Authority.
21-21 (c) A rule adopted by the Edwards Underground Water District
21-22 before the effective date of this Act that relates to management or
21-23 control of the aquifer is, on the effective date of this Act, a
21-24 rule of the Edwards Aquifer Regional Authority and remains in
21-25 effect until amended or repealed by the authority.
22-1 Sec. 6.03. APPOINTMENT OF DIRECTORS OF AUTHORITY. (a) The
22-2 governor shall appoint the temporary directors to the board of
22-3 directors of the authority as soon as practicable after the
22-4 effective date of this Act.
22-5 (b) The governor shall appoint initial directors to the
22-6 board of directors of the authority as soon as practicable after
22-7 the canvass of the last confirmation election held under Section
22-8 5.11 of this Act is complete.
22-9 (c) The governor shall appoint permanent directors to the
22-10 board of directors of the authority as soon as practicable after
22-11 the canvass of the last election of first permanent directors held
22-12 under Section 5.12 of this Act is complete.
22-13 Sec. 6.04. INVALIDATION OF PURPORTED DISTRICT. (a)
22-14 Notwithstanding any Act validating the purported creation of an
22-15 underground water conservation district in Uvalde County that may
22-16 be passed by the 73rd Legislature and notwithstanding the date on
22-17 which such an Act may be passed, an underground water conservation
22-18 district purportedly created in that county by a method other than
22-19 a special law that is not a validating act or the procedures
22-20 provided by Subchapter B, Chapter 52, Water Code, is illegally
22-21 created and is not a district under law.
22-22 (b) Nothing in this Act imposes as an obligation on the
22-23 Uvalde Underground Water Conservation District created under this
22-24 Act an enforceable liability incurred by an underground water
22-25 conservation district purportedly created in Uvalde County by any
23-1 other method.
23-2 Sec. 6.05. EFFECTIVE DATE. This Act takes effect September
23-3 1, 1993.
23-4 Sec. 6.06. EMERGENCY. The importance of this legislation
23-5 and the crowded condition of the calendars in both houses create an
23-6 emergency and an imperative public necessity that the
23-7 constitutional rule requiring bills to be read on three several
23-8 days in each house be suspended, and this rule is hereby suspended.