By Corte, King H.B. No. 3236
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management of the Edwards Aquifer.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 1.01, 1.03, 1.07, 1.09, 1.10, 1.25,
1-5 1.31-1.33, and 3.03, Chapter 626, Acts of the 73rd Legislature,
1-6 Regular Session, 1993, are amended to read as follows:
1-7 Sec. 1.01. FINDINGS AND DECLARATION OF POLICY. The
1-8 legislature finds that the Edwards Aquifer is a unique and complex
1-9 hydrological system, with diverse economic and social interests
1-10 dependent on the aquifer for water supply. In keeping with that
1-11 finding, the Edwards Aquifer is declared to be a distinctive
1-12 natural resource in this state, a unique aquifer, and not an
1-13 underground stream. To sustain these diverse interests and that
1-14 natural resource, regional management by the Edwards Underground
1-15 Water District, the Uvalde County Underground Water Conservation
1-16 District, and the Medina County Underground Water Conservation
1-17 District, operating cooperatively, <a special regional management
1-18 district> is required for the effective control of the resource to
1-19 protect terrestrial and aquatic life, domestic and municipal water
1-20 supplies, the operation of existing industries, and the economic
1-21 development of the state. Use of water from the Edwards and
1-22 associated limestone formations in the districts <in the district>
1-23 for beneficial purposes requires that all reasonable measures be
2-1 taken to be conservative in water use.
2-2 Sec. 1.03. DEFINITIONS. In this article:
2-3 (1) "Aquifer" means the Edwards Aquifer, which is that
2-4 portion of an arcuate belt of porous, water-bearing, predominately
2-5 carbonate rocks known as the Edwards and Associated Limestones in
2-6 the Balcones Fault Zone extending from west to east to northeast
2-7 from the hydrologic division near Brackettville in Kinney County
2-8 that separates underground flow toward the Comal Springs and San
2-9 Marcos Springs from underground flow to the Rio Grande Basin,
2-10 through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal
2-11 counties, and in Hays County south of the hydrologic division near
2-12 Kyle that separates flow toward the San Marcos River from flow to
2-13 the Colorado River Basin.
2-14 (2) "Augmentation" means an act or process to increase
2-15 the amount of water available for use or springflow.
2-16 (3) <"Authority" means the Edwards Aquifer Authority.>
2-17 <(4)> "Beneficial use" means the use of the amount of
2-18 water that is economically necessary for a purpose authorized by
2-19 law, when reasonable intelligence and reasonable diligence are used
2-20 in applying the water to that purpose.
2-21 (4) "Boards" <(5) "Board"> means the boards <board>
2-22 of directors of the Edwards Underground Water District, the Uvalde
2-23 County Underground Water Conservation District, and the Medina
2-24 County Underground Water Conservation District <authority>.
2-25 (5) <(6)> "Commission" means the Texas Natural
3-1 Resource Conservation Commission.
3-2 (6) <(7)> "Conservation" means any measure that would
3-3 sustain or enhance water supply.
3-4 (7) "Districts" means the Edwards Underground Water
3-5 District, the Uvalde County Underground Water Conservation
3-6 District, and the Medina County Underground Water Conservation
3-7 District.
3-8 (8) "Diversion" means the removal of state water from
3-9 a watercourse or impoundment.
3-10 (9) "Domestic or livestock use" means use of water
3-11 for:
3-12 (A) drinking, washing, or culinary purposes;
3-13 (B) irrigation of a family garden or orchard the
3-14 produce of which is for household consumption only; or
3-15 (C) watering of animals.
3-16 (10) <"Existing user" means a person who has withdrawn
3-17 and beneficially used underground water from the aquifer on or
3-18 before June 1, 1993.>
3-19 <(11) "Industrial use" means the use of water for or
3-20 in connection with commercial or industrial activities, including
3-21 manufacturing, bottling, brewing, food processing, scientific
3-22 research and technology, recycling, production of concrete,
3-23 asphalt, and cement, commercial uses of water for tourism,
3-24 entertainment, and hotel or motel lodging, generation of power
3-25 other than hydroelectric, and other business activities.>
4-1 <(12) "Irrigation use" means the use of water for the
4-2 irrigation of pastures and commercial crops, including orchards.>
4-3 <(13) "Livestock" means animals, beasts, or poultry
4-4 collected or raised for pleasure, recreational use, or commercial
4-5 use.>
4-6 <(14) "Municipal use" means the use of water within or
4-7 outside of a municipality and its environs whether supplied by a
4-8 person, privately owned utility, political subdivision, or other
4-9 entity, including the use of treated effluent for certain purposes
4-10 specified as follows. The term includes:>
4-11 <(A) the use of water for domestic use, the
4-12 watering of lawns and family gardens, fighting fires, sprinkling
4-13 streets, flushing sewers and drains, water parks and parkways, and
4-14 recreation, including public and private swimming pools;>
4-15 <(B) the use of water in industrial and
4-16 commercial enterprises supplied by a municipal distribution system
4-17 without special construction to meet its demands; and>
4-18 <(C) the application of treated effluent on land
4-19 under a permit issued under Chapter 26, Water Code, if:>
4-20 <(i) the primary purpose of the
4-21 application is the treatment or necessary disposal of the effluent;>
4-22 <(ii) the application site is a park,
4-23 parkway, golf course, or other landscaped area within the
4-24 authority's boundaries; or>
4-25 <(iii) the effluent applied to the site is
5-1 generated within an area for which the commission has adopted a
5-2 rule that prohibits the discharge of the effluent.>
5-3 <(15) "Order" means any written directive carrying out
5-4 the powers and duties of the authority under this article.>
5-5 <(16)> "Person" means an individual, corporation,
5-6 organization, government or governmental subdivision or agency,
5-7 business trust, estate, trust, partnership, association, and any
5-8 other legal entity.
5-9 (11) <(17)> "Pollution" means the alteration of the
5-10 physical, thermal, chemical, or biological quality of any water in
5-11 the state, or the contamination of any water in the state, that
5-12 renders the water harmful, detrimental, or injurious to humans,
5-13 animal life, vegetation, property, or public health, safety, or
5-14 welfare or that impairs the usefulness of the public enjoyment of
5-15 the water for any lawful or reasonable purpose.
5-16 (12) <(18)> "Recharge" means increasing the supply of
5-17 water to the aquifer by naturally occurring channels or artificial
5-18 means.
5-19 (13) <(19)> "Reuse" means authorized use for one or
5-20 more beneficial purposes of use of water that remains unconsumed
5-21 after the water is used for the original purpose of use and before
5-22 the water is discharged or otherwise allowed to flow into a
5-23 watercourse, lake, or other body of state-owned water.
5-24 (14) <(20)> "Underground water" has the meaning
5-25 assigned by Section 52.001, Water Code.
6-1 (15) <(21)> "Waste" means:
6-2 (A) withdrawal of underground water from the
6-3 aquifer at a rate and in an amount that causes or threatens to
6-4 cause intrusion into the reservoir of water unsuitable for
6-5 agricultural, gardening, domestic, or stock raising purposes;
6-6 (B) the flowing or producing of wells from the
6-7 aquifer if the water produced is not used for a beneficial purpose;
6-8 (C) escape of underground water from the aquifer
6-9 to any other reservoir that does not contain underground water;
6-10 (D) pollution or harmful alteration of
6-11 underground water in the aquifer by salt water or other deleterious
6-12 matter admitted from another stratum or from the surface of the
6-13 ground;
6-14 (E) wilfully or negligently causing, suffering,
6-15 or permitting underground water from the aquifer to escape into any
6-16 river, creek, natural watercourse, depression, lake, reservoir,
6-17 drain, sewer, street, highway, road, or road ditch, or onto any
6-18 land other than that of the owner of the well unless such discharge
6-19 is authorized by permit, rule, or order issued by the commission
6-20 under Chapter 26, Water Code;
6-21 (F) underground water pumped from the aquifer
6-22 for irrigation that escapes as irrigation tailwater onto land other
6-23 than that of the owner of the well unless permission has been
6-24 granted by the occupant of the land receiving the discharge; <or>
6-25 (G) for water produced from an artesian well,
7-1 "waste" has the meaning assigned by Section 11.205, Water Code; or
7-2 (H) the use of underground water from the
7-3 aquifer for an aquacultural operation without recirculation and
7-4 reuse of the water.
7-5 (16) <(22)> "Well" means a bored, drilled, or driven
7-6 shaft or an artificial opening in the ground made by digging,
7-7 jetting, or some other method where the depth of the shaft or
7-8 opening is greater than its largest surface dimension, but does not
7-9 include a surface pit, surface excavation, or natural depression.
7-10 (17) <(23) "Well J-17" means state well number
7-11 AY-68-37-203 located in Bexar County.>
7-12 <(24) "Well J-27" means state well number YP-69-50-302
7-13 located in Uvalde County.>
7-14 <(25)> "Withdrawal" means an act or a failure to act
7-15 that results in taking water from the aquifer by or through
7-16 man-made facilities, including pumping, withdrawing, or diverting
7-17 underground water.
7-18 Sec. 1.07. OWNERSHIP OF UNDERGROUND WATER. The ownership
7-19 and rights of the owner of the land and the owner's lessees and
7-20 assigns, including holders of recorded liens or other security
7-21 interests in the land, in underground water and the contract rights
7-22 of any person who purchases water for the provision of <potable>
7-23 water to the public or for the resale of <potable> water to the
7-24 public for any use are recognized. <However, action taken pursuant
7-25 to this Act may not be construed as depriving or divesting the
8-1 owner or the owner's lessees and assigns, including holders of
8-2 recorded liens or other security interests in the land, of these
8-3 ownership rights or as impairing the contract rights of any person
8-4 who purchases water for the provision of potable water to the
8-5 public or for the resale of potable water to the public for any
8-6 use, subject to the rules adopted by the authority or a district
8-7 exercising the powers provided by Chapter 52, Water Code.> The
8-8 legislature intends that just compensation be paid if
8-9 implementation of this article causes a taking of private property,
8-10 documentable secondary economic impact, or the impairment of a
8-11 contract in contravention of the Texas or federal constitution.
8-12 Sec. 1.09. LIAISON COMMITTEE <BOARD OF DIRECTORS>.
8-13 (a) <The authority is governed by a board of nine directors.>
8-14 <(b)> The liaison committee <board> consists of:
8-15 (1) two members appointed by the <a member appointed
8-16 by the South Central Texas Water Advisory Committee created by this
8-17 Act;>
8-18 <(2) three residents of> Bexar County delegation of
8-19 the Edwards Underground Water District, from among the members of
8-20 the delegation;
8-21 (2) <, with two residents appointed by the governing
8-22 body of the city of San Antonio and one resident appointed by the
8-23 Commissioners Court of Bexar County to represent cities and
8-24 communities in the county other than the city of San Antonio;>
8-25 <(3)> one member <resident of Comal County or the city
9-1 of New Braunfels> appointed by the <Commissioners Court of> Comal
9-2 County delegation of the Edwards Underground Water District, from
9-3 among the members of the delegation;
9-4 (3) <(4)> one member <resident of Hays County>
9-5 appointed by the Hays County delegation of the Edwards Underground
9-6 Water District, from among the members of the delegation;
9-7 (4) <governing body of the city of San Marcos;>
9-8 <(5)> one member <resident of Medina County> appointed
9-9 by the governing body of the Medina County Underground Water
9-10 Conservation District, from among the members of the governing
9-11 body; and
9-12 (5) <(6)> one member <resident of Uvalde County>
9-13 appointed by the governing body of the Uvalde County Underground
9-14 Water Conservation District, from among the members of the
9-15 governing body.
9-16 (b) The liaison committee shall meet at least once each
9-17 calendar quarter or as needed to facilitate communication,
9-18 cooperation, and coordination of matters of policy under this
9-19 article or referred to the committee by one or more of the
9-20 districts.
9-21 (c) The members of the liaison committee may create working
9-22 groups of the liaison committee to consider technical issues or
9-23 other issues.
9-24 (d) The liaison committee shall coordinate water planning
9-25 efforts with other regional entities, including river authorities,
10-1 water districts, and water purveyors in the Edwards Aquifer region.
10-2 (e) The term of office of each member of the liaison
10-3 committee expires January 1 of each year. To serve as a member,
10-4 the member must maintain the qualifications for appointment. A
10-5 member may be recalled by a vote of the body that appointed the
10-6 member<; and>
10-7 <(7) one person appointed in rotation who is from
10-8 Atascosa, Medina, or Uvalde counties, with that person appointed by
10-9 the governing body of the Evergreen Underground Water District, by
10-10 the Medina Underground Water Conservation District, or by the
10-11 Uvalde County Underground Water Conservation District, with the
10-12 person appointed by the Evergreen Underground Water District
10-13 serving the first term, followed by a person appointed by the
10-14 Medina Underground Water Conservation District to serve the second
10-15 term, followed by a person appointed by the Uvalde County
10-16 Underground Water Conservation District to serve the third term,
10-17 and rotating in that order of appointment for subsequent terms.>
10-18 <(c) The Commissioners Court of Bexar County and the
10-19 governing body of the city of San Antonio shall make appointments
10-20 under Subsection (b) of this section that accurately reflect the
10-21 ethnic composition of the population of Bexar County.>
10-22 <(d) The initial directors of the board shall draw lots to
10-23 determine their terms. Four initial directors serve terms that
10-24 expire June 1, 1995. Five initial directors serve terms that
10-25 expire June 1, 1997. Subsequent directors shall be appointed to
11-1 serve staggered four-year terms, the appropriate number of which
11-2 expire June 1 of each odd-numbered year>.
11-3 (f) <(e)> At the initial meeting of the liaison committee
11-4 and annually <board>, the members shall select one member to serve
11-5 as presiding officer and another member to serve as presiding
11-6 officer in the presiding officer's absence. Those officers serve
11-7 terms that expire January 1 of each year<. The presiding officer
11-8 serves a term set by rule of the board not to exceed four years.
11-9 An act of the board is not valid unless adopted by the affirmative
11-10 vote of a majority of the members of the board>.
11-11 (g) <(f)> A liaison committee <board> member receives no
11-12 compensation for service on the committee <board> but is entitled
11-13 to reimbursement according to each district's reimbursement policy
11-14 <for actual and necessary expenses incurred in the performance of
11-15 the member's duties>.
11-16 (h) <(g)> A liaison committee <board> member shall hold
11-17 office until a successor has been selected and approved and has
11-18 qualified by taking the oath of office.
11-19 (i) <(h)> If a vacancy on the liaison committee <board>
11-20 occurs, the governing body or delegation that appointed the
11-21 vacating member shall appoint another person having the same
11-22 qualifications required of the vacating member to serve the
11-23 unexpired portion of the vacating member's term.
11-24 Sec. 1.10. DOWNSTREAM <SOUTH CENTRAL TEXAS WATER> ADVISORY
11-25 COMMITTEE. (a) The Downstream <South Central Texas Water>
12-1 Advisory Committee shall advise the boards <board> on downstream
12-2 water rights and issues and make recommendations concerning
12-3 conservation activities, crisis management, the amount and cost of
12-4 water for importation from and exportation to the Guadalupe-Blanco
12-5 River basin. The advisory committee consists of:
12-6 (1) one member appointed by the board of directors of
12-7 the Uvalde County Underground Water Conservation District, from
12-8 among the members of the board;
12-9 (2) one member appointed by the board of directors of
12-10 the Medina County Underground Water Conservation District, from
12-11 among the members of the board;
12-12 (3) one member appointed in rotation by and from among
12-13 the members of the board of directors of the Uvalde County
12-14 Underground Water Conservation District or by and from among the
12-15 members of the board of directors of the Medina County Underground
12-16 Water Conservation District, with the member appointed by the
12-17 Uvalde County Underground Water Conservation District serving the
12-18 first and subsequent odd-numbered terms and the member appointed by
12-19 the Medina County Underground Water Conservation District serving
12-20 the second and subsequent even-numbered terms;
12-21 (4) five members appointed by the board of directors
12-22 of the Edwards Underground Water District from among the members of
12-23 the board as follows:
12-24 (A) three members from Bexar County;
12-25 (B) one member from Comal County; and
13-1 (C) one member from Hays County; and
13-2 (5) one member appointed by the governor with the
13-3 advice and consent of the senate who resides in one <governing body
13-4 of each> of the following counties <and municipalities, except that
13-5 Atascosa County may not have a representative on the advisory
13-6 committee when the county has a representative member on the
13-7 board>:
13-8 (A) <(1)> Atascosa;
13-9 (B) <(2)> Caldwell;
13-10 (C) <(3)> Calhoun;
13-11 (D) <(4) Comal;>
13-12 <(5)> DeWitt;
13-13 (E) <(6)> Goliad;
13-14 (F) <(7)> Gonzales;
13-15 (G) <(8)> Guadalupe;
13-16 (H) <(9) Hays;>
13-17 <(10)> Karnes;
13-18 (I) <(11) Medina;>
13-19 <(12)> Nueces;
13-20 (J) <(13)> Refugio;
13-21 (K) <(14)> San Patricio;
13-22 (L) <(15) Uvalde;>
13-23 <(16)> Victoria; or
13-24 (M) <(17)> Wilson<;>
13-25 <(18) the City of San Antonio;>
14-1 <(19) the City of Victoria; and>
14-2 <(20) the City of Corpus Christi>.
14-3 (b) A member must be a resident or qualified voter of or
14-4 engaged in business in a county all or part of which is included in
14-5 the member's area of representation.
14-6 (c) <The reimbursement of an advisory committee member for
14-7 expenses is on the same terms as the reimbursement of board
14-8 members. An advisory committee member is not entitled to
14-9 compensation.>
14-10 <(d)> An advisory committee member holds office until a
14-11 successor is appointed.
14-12 (d) <(e) The authority shall send to each advisory committee
14-13 member all the communications of the authority that are extended to
14-14 board members and may participate in board meetings to represent
14-15 downstream water supply concerns and assist in solutions to those
14-16 concerns. Advisory committee members may not vote on a board
14-17 decision.>
14-18 <(f)> The advisory committee by resolution may request the
14-19 board of any of the districts to reconsider any board action that
14-20 is considered prejudicial to downstream water interests or other
14-21 interests. If the board review does not result in a resolution
14-22 satisfactory to the advisory committee, the advisory committee by
14-23 resolution may request the commission to review the action. The
14-24 commission shall review the action and may make a recommendation to
14-25 the board. If the board determines that the board's action is
15-1 contrary to an action of the commission affecting downstream
15-2 interests, the board may <shall> reverse itself.
15-3 (e) <(g)> The advisory committee shall meet to organize and
15-4 elect a presiding officer.
15-5 (f) <(h) The presiding officer of the advisory committee
15-6 shall submit a report assessing the effectiveness of the authority
15-7 to the commission and the authority by March 31 of each
15-8 even-numbered year. The report must assess the effect on
15-9 downstream water rights of the management of the aquifer. The
15-10 authority shall consider the report in managing the authority's
15-11 affairs.>
15-12 <(i)> The advisory committee's duties may include:
15-13 (1) recommending and participating in applying for,
15-14 holding, and maintaining permits under Section 10 of the federal
15-15 Endangered Species Act (16 U.S.C. Section 1539);
15-16 (2) assisting the districts <authority> in:
15-17 (A) developing <the authority's> demand
15-18 management plans for each district <plan for the county that the
15-19 representative represents>; and
15-20 (B) coordinating and implementing
15-21 <(2) assisting the authority to implement> the districts' demand
15-22 management plans <plan>; <and>
15-23 (3) performing other duties requested by the board of
15-24 any of the districts that the advisory committee <representative>
15-25 may practicably perform; and
16-1 (4) consulting with federal and state agencies, the
16-2 Guadalupe-Blanco River Authority, the Nueces River Authority, the
16-3 Lower Colorado River Authority, and representatives of counties and
16-4 municipalities downstream of the districts.
16-5 Sec. 1.25. COMPREHENSIVE MANAGEMENT PLAN. (a) The
16-6 districts <Consistent with Section 1.14 of this article, the
16-7 authority> shall develop, by September 1, 1996 <1995>, and
16-8 implement a comprehensive water management plan that includes
16-9 conservation, future supply, reuse, recharge, augmentation,
16-10 recirculation, water quality protection, and drought response <and
16-11 demand management> plans. Each district's drought response plan
16-12 must use observed water levels of one or more of the district's
16-13 index wells. The comprehensive water management plan may include
16-14 any water management tool the boards find necessary and feasible.
16-15 The Edwards Underground Water District shall seek 75,000 acre-feet
16-16 of water supplies in accordance with the Edwards Aquifer Interlocal
16-17 Contract <The authority may not delegate the development of the
16-18 plan under Section 1.42 of this article>.
16-19 (b) The districts and the Downstream Advisory Committee, in
16-20 consultation with <authority, in conjunction with the South Central
16-21 Texas Water Advisory Committee,> the Texas Water Development Board
16-22 and other water planning entities<, and underground water
16-23 conservation districts within the authority's boundaries>, shall
16-24 develop a 20-year plan for providing alternative supplies of water
16-25 to the region, with five-year goals and objectives, to be
17-1 implemented by the districts <authority> and reviewed annually by
17-2 the appropriate state agencies and the Edwards Aquifer Legislative
17-3 Oversight Committee. In <The authority, advisory committee, Texas
17-4 Water Development Board, and districts, in> developing the plan,
17-5 the districts shall:
17-6 (1) thoroughly investigate all alternative
17-7 technologies;
17-8 (2) investigate mechanisms for providing financial
17-9 assistance for alternative supplies through the Texas Water
17-10 Development Board; <and>
17-11 (3) perform a cost-benefit analysis, an economic
17-12 impact analysis, and an environmental analysis;
17-13 (4) promote fair and equitable management of the
17-14 aquifer;
17-15 (5) ensure proper management of the aquifer through
17-16 regional cooperation;
17-17 (6) maintain springflows at levels necessary to comply
17-18 with the federal Endangered Species Act (16 U.S.C. Sections 1531 et
17-19 seq.);
17-20 (7) maintain water supplies sufficient to meet the
17-21 needs of users in the region;
17-22 (8) increase water supplies in the region and prevent
17-23 overproduction and depletion of the aquifer;
17-24 (9) prevent the degradation of aquifer water quality;
17-25 (10) prevent waste;
18-1 (11) increase public awareness and education regarding
18-2 the aquifer;
18-3 (12) preserve local control and elected representation
18-4 in the districts;
18-5 (13) finance new or alternative water supplies with
18-6 costs apportioned to the beneficiaries of the new supplies;
18-7 (14) preserve property rights;
18-8 (15) provide regional water management coordination
18-9 and cooperation;
18-10 (16) provide incentives to reduce nonessential,
18-11 inefficient uses of aquifer water;
18-12 (17) provide incentives to increase supplies through
18-13 cost-effective methods;
18-14 (18) ensure adequate and fair funding mechanisms; and
18-15 (19) provide for limitations on or suspension of
18-16 groundwater withdrawals only if the districts through study and
18-17 investigation determine that groundwater replenishment programs,
18-18 recharge, augmentation, or other alternative sources or methods of
18-19 water supply are infeasible or insufficient to meet the needs of
18-20 the region.
18-21 Sec. 1.31. MEASURING DEVICES. (a) The owner of a
18-22 <nonexempt> well that is not exempt under Section 1.33 of this
18-23 article and that withdraws water from the aquifer shall install and
18-24 maintain a measuring device that is:
18-25 (1) approved by the district in which the well is
19-1 located; and
19-2 (2) <authority> designed to indicate the flow rate and
19-3 cumulative amount of water withdrawn by that well.
19-4 (b) This requirement may be waived by the district in which
19-5 the well is located <authority> on written request by a well owner
19-6 to use an alternative method of determining accurately the amount
19-7 of water withdrawn.
19-8 <(b) The authority is responsible for the costs of
19-9 purchasing, installing, and maintaining measuring devices, if
19-10 required, for an irrigation well in existence on September 1,
19-11 1993.>
19-12 Sec. 1.32. WATER USE REPORTS. (a) The districts shall
19-13 collect information on current water use patterns to project future
19-14 water needs and to ensure adequate long-term water supplies. Each
19-15 of the districts by rule shall require registration and accurate
19-16 reporting of production from all wells in the district that are not
19-17 exempt under Section 1.33 of this article.
19-18 (b) The districts shall use information and methodologies
19-19 prescribed by the United States Geologic Service to estimate the
19-20 cumulative use from wells that are exempt under Section 1.33 of
19-21 this article <Not later than March 1 of each year, and on a form
19-22 prescribed by the authority, each holder of a permit shall file
19-23 with the authority a written report of water use for the preceding
19-24 calendar year>.
19-25 Sec. 1.33. WELL METERING EXEMPTION. (a) A well that
20-1 produces 25,000 gallons of water a day or less for domestic or
20-2 livestock use is exempt from metering and reporting requirements.
20-3 (b) Each of the districts shall adopt rules or policies
20-4 regarding the registration of exempt <Exempt> wells by the <must
20-5 register with the authority or with an underground water
20-6 conservation> district in which the well is located.
20-7 <(c) A well within or serving a subdivision requiring
20-8 platting does not qualify for an exempt use.>
20-9 Sec. 3.03. SUNSET COMMISSION REVIEW <OF GUADALUPE-BLANCO
20-10 RIVER AUTHORITY>. (a) The <board of directors of the>
20-11 Guadalupe-Blanco River Authority, Nueces River Authority, San
20-12 Antonio River Authority, Edwards Underground Water District, Uvalde
20-13 County Underground Water Conservation District, and Medina County
20-14 Underground Water Conservation District are <is> subject to review
20-15 under Chapter 325, Government Code (Texas Sunset Act)<, but may not
20-16 be abolished under that Act>. The review shall be conducted as if
20-17 the authorities and districts <board of directors> were scheduled
20-18 to be abolished September 1, 1999 <1995>.
20-19 (b) Unless after the review the legislature continues the
20-20 authorities and districts, the authorities and districts are
20-21 abolished on <members of the board of directors in office, the
20-22 terms of the board members expire> September 1, 1999 <1995>.
20-23 (c) If the authorities and districts are abolished under
20-24 <terms of the board of directors expire under> Subsection (b) of
20-25 this section, the commission shall perform the functions required
21-1 by this Act <a new board of directors shall be appointed and
21-2 confirmed as provided by Chapter 75, Acts of the 43rd Legislature,
21-3 1st Called Session, 1933, with three members appointed to terms
21-4 expiring February 1, 1997, three to terms expiring February 1,
21-5 1999, and three to terms expiring February 1, 2001. A member whose
21-6 term expires under Subsection (b) of this section is not eligible
21-7 for reappointment under this subsection>.
21-8 SECTION 2. Article 1, Chapter 626, Acts of the 73rd
21-9 Legislature, Regular Session, 1993, is amended by adding Section
21-10 1.145 to read as follows:
21-11 Sec. 1.145. DEMAND MANAGEMENT; CONSERVATION; COMMISSION
21-12 OVERSIGHT. (a) Before the 11th day after the Edwards Underground
21-13 Water District initiates stage II of its demand management plan,
21-14 the Downstream Advisory Committee shall convene to:
21-15 (1) review and evaluate the current conditions; and
21-16 (2) confirm that the demand management plan is being
21-17 implemented properly.
21-18 (b) Before the 11th day after the Edwards Underground Water
21-19 District initiates stage III of its demand management plan, the
21-20 Downstream Advisory Committee shall convene to:
21-21 (1) review current conditions; and
21-22 (2) recommend additional mandatory conservation or
21-23 monitoring measures, if appropriate.
21-24 (c) Before the 11th day after the Edwards Underground Water
21-25 District initiates stage IV of its demand management plan, the
22-1 Downstream Advisory Committee shall convene to:
22-2 (1) review and evaluate the effectiveness of the
22-3 demand management plan; and
22-4 (2) recommend additional measures for a crisis
22-5 management plan.
22-6 (d) When the flow at Comal Springs is at or below 75 cubic
22-7 feet per second and the districts' demand, drought, or critical
22-8 period management plans are not sufficient to protect the
22-9 underground water resource or endangered species, the commission
22-10 shall make recommendations to the districts regarding the adoption
22-11 of rules, the implementation of methods, and funding to address the
22-12 protection of endangered species.
22-13 (e) The districts may not limit or suspend withdrawals of
22-14 underground water unless the districts have determined after study
22-15 and investigation that groundwater replenishment programs or other
22-16 alternative sources or methods of water supply have proved
22-17 infeasible or insufficient to meet the region's needs. Withdrawal
22-18 limitations must first be accomplished through the districts'
22-19 drought response plans. The commission may recommend further
22-20 limitations if necessary. The commission may recommend the
22-21 districts apply for an incidental take permit under Section 10 of
22-22 the federal Endangered Species Act (16 U.S.C. Section 1539).
22-23 (f) In adopting a rule under this section, the commission
22-24 and the districts shall consider the potential impact of the rule
22-25 on business and agricultural activities. The commission and the
23-1 districts must minimize any adverse impact on business and
23-2 agricultural activities to the extent practicable and consistent
23-3 with protection of the underground water resource.
23-4 (g) If a rule adopted under this section results in a taking
23-5 of property, the districts must pay just compensation to the
23-6 property owner.
23-7 SECTION 3. Section 3, Chapter 99, Acts of the 56th
23-8 Legislature, Regular Session, 1959 (Article 8280-219, Vernon's
23-9 Texas Civil Statutes), is amended to read as follows:
23-10 Sec. 3. POWERS OF THE DISTRICT. (a) The District shall
23-11 have and is hereby authorized to exercise the following powers,
23-12 right and privileges and functions:
23-13 (1) to conserve, preserve, protect and increase the
23-14 recharge of and prevent the waste and pollution of the underground
23-15 water;
23-16 (2) to acquire lands and easements by purchase or by
23-17 exercise of the power of eminent domain for the erection of dams
23-18 and for the purpose of drilling and equipping in-put wells, and to
23-19 drill, equip and operate in-put wells, construct dams, and to
23-20 install pumps and other equipment necessary to recharge the
23-21 underground water-bearing formations; to acquire by contract or
23-22 purchase, waters and water rights deemed necessary or appropriate
23-23 by the Directors of the District for conserving and recharging
23-24 underground water-bearing formations; and to appropriate water for
23-25 such recharge under Section 11.023, Water Code, <the provisions of
24-1 Art. 7470, Revised Civil Statutes, as amended>; provided, however,
24-2 the power of eminent domain as herein provided for, shall be
24-3 limited to the Counties of Bexar, Comal, and Hays;
24-4 (3) to cause surveys to be made of the underground
24-5 water reservoirs or subdivisions thereof and of underground
24-6 water-bearing formations; to cause investigations to be made to
24-7 determine the movement of underground water and the quantity
24-8 thereof available for production and use and the improvements and
24-9 developments needed in recharging underground water reservoirs or
24-10 Subdivisions thereof and underground water-bearing strata;
24-11 (4) to develop comprehensive plans for the most
24-12 efficient use of underground water and for the prevention of waste
24-13 and pollution of underground water; to collect and preserve
24-14 information regarding the prevention of waste and pollution of
24-15 underground water and to publish such plans and information, and
24-16 otherwise bring them to the notice and attention of the users of
24-17 underground water within the District;
24-18 (5) to institute and defend suits and proceedings
24-19 before any court or any administrative body or agency, State or
24-20 Federal, in carrying out the purposes, powers and functions of the
24-21 District;
24-22 (6) to enter into contracts with and to participate in
24-23 joint efforts and projects with water districts, conservation
24-24 districts, cities and towns, counties and municipal and
24-25 governmental agencies of every kind, both State and Federal, and
25-1 with individuals and private corporations, for the purpose of
25-2 conserving, protecting, recharging, or benefiting underground
25-3 water-bearing formations within the District and waters therein,
25-4 and the Board of Directors of the District shall be empowered to
25-5 use, dedicate and pledge taxes and revenues of the District and to
25-6 use the proceeds from District bonds for said purposes whether the
25-7 District or some other municipal or governmental agency or
25-8 department is in charge of such work or development;
25-9 (7) to require that copies of water well drillers'
25-10 logs required to be kept and furnished to the Texas Natural
25-11 Resource Conservation Commission <Department of Water Resources or
25-12 its successor> by Chapter 32, Water Code <The Water Well Drillers
25-13 Act, as amended (Article 7621e, Vernon's Texas Civil Statutes)>, be
25-14 furnished to the District. The well log required herein shall at
25-15 the request in writing to the district, by certified mail, by the
25-16 owner or the person having such well drilled, be held as
25-17 confidential matter and not made of public record;
25-18 (8) to report to the Texas Natural Resource
25-19 Conservation Commission <Department of Water Resources> violations
25-20 of Chapter 32, Water Code <The Water Well Drillers Act, as amended
25-21 (Article 7621e, Vernon's Texas Civil Statutes)>, and rules <and
25-22 regulations> of the commission <department> pertaining to that
25-23 chapter <the Act>;
25-24 (9) to require the owner or lessee of land on which an
25-25 open or uncovered well is located to keep the well permanently
26-1 closed or capped with a covering capable of withstanding weight or
26-2 pressure of at least 400 pounds per square inch, except when the
26-3 well is in actual use. As used in this subsection, "open or
26-4 uncovered well" means an artificial excavation at least 10 feet
26-5 deep that is dug or drilled for the purpose of producing water from
26-6 the underground water reservoir and is not capped or covered as
26-7 required by this subsection. If the owner or lessee fails or
26-8 refuses to close or cap the well in compliance with this subsection
26-9 within 30 days after being directed to do so in writing by
26-10 certified mail by an officer, agent, or employee of the District,
26-11 any person, firm, or corporation employed by the District may go on
26-12 the land and close, plug, or cap the well. The reasonable costs
26-13 and expenses incurred by the District in closing, plugging, or
26-14 capping a well shall constitute a lien on the land on which the
26-15 well is located. The lien is perfected by filing in the County
26-16 Court of the county where the well is located a sworn petition
26-17 executed by the Chairman of the Board of Directors of the District,
26-18 stating the following:
26-19 (A) the existence of the well;
26-20 (B) the legal description of the property on
26-21 which the well is located;
26-22 (C) the approximate location of the well on the
26-23 property;
26-24 (D) the failure or refusal of the owner or
26-25 lessee, after notification, to close, plug, or cap the well as
27-1 required by this section within 30 days after notification;
27-2 (E) the closing, plugging, or capping of the
27-3 well by the District or its authorized agent, representative, or
27-4 employee; and
27-5 (F) the expense incurred by the District in
27-6 closing, plugging, or capping the well.
27-7 If after notice and hearing the County Court finds the facts
27-8 required by this section, he shall enter a judgment which shall
27-9 constitute a lien on the land when recorded in the deed records.
27-10 The judgment of the County Court is appealable as are other civil
27-11 cases in which the County Court has original jurisdiction;
27-12 (10) to develop, implement, and enforce one or more
27-13 drought management plans in order to minimize, as far as
27-14 practicable, the drawdown of the water table or the reduction of
27-15 artesian pressure and spring flow; to prevent waste; and to protect
27-16 the groundwater resource from serious harm. The District shall
27-17 develop one or more drought management plans in consultation with
27-18 representatives of cities, counties, river authorities, water
27-19 purveyors, and other interested parties within the District, and
27-20 the District shall implement and enforce a drought management plan
27-21 pursuant to rules of the Board of Directors adopted in accordance
27-22 with Subsection (b) of this section. A drought management plan
27-23 must be:
27-24 (A) consistent with water policies adopted and
27-25 approved by the Board of Directors and must provide for those
28-1 matters determined to be necessary and appropriate by the Board of
28-2 Directors, including:
28-3 (i) objective standards for determining
28-4 that drought conditions exist, continue, and cease and for
28-5 determining stages of drought;
28-6 (ii) description of specific drought
28-7 management activities for the stages of drought; and
28-8 (iii) requirements for reducing water use
28-9 in accordance with established priorities, which must include uses
28-10 for essential human needs, agricultural, industrial, power,
28-11 recreational, commercial, and other categories of use;
28-12 (B) developed and approved by September 1, 1988,
28-13 by a two-thirds vote of the Directors present at a meeting at which
28-14 a quorum is present;
28-15 (C) provided to the Texas Natural Resource
28-16 Conservation <Water> Commission and made available for additional
28-17 public review. The Board may not initiate enforcement of the
28-18 drought management plan until June 1, 1989, or the effective date
28-19 of rules adopted by the Board of Directors as provided by
28-20 Subsection (b) of this section, whichever date is later;
28-21 (D) developed and enforced by the Texas Natural
28-22 Resource Conservation <Water> Commission if a drought management
28-23 plan is not approved in accordance with Paragraph (B) of this
28-24 subdivision, and the enforcement provisions of Subsection (b) of
28-25 this section do not take effect;
29-1 (11) in a drought management plan, to set priorities
29-2 of water use, to prorate the available water supply among the uses
29-3 and users, to require compliance among all users, and to include
29-4 other measures as are necessary and advisable to conserve,
29-5 preserve, protect, recharge, and prevent waste and pollution of the
29-6 underground water;
29-7 (12) to plan through a drought management plan for the
29-8 uses of water throughout the District during periods in which there
29-9 is a drought or a shortage of precipitation of seasonal or longer
29-10 duration relative to the expectation of the users;
29-11 (13) to adopt a rule declaring that a drought exists
29-12 within the District when insufficient water is available to meet
29-13 the needs of the users or when conditions require temporary
29-14 reduction in total use within the area to protect water resources
29-15 from serious harm;
29-16 (14) to impose restrictions on users of the water
29-17 resources as may be necessary to protect the water resources of the
29-18 area from serious harm and to assure equitable distribution of
29-19 available water resources among all water users;
29-20 (15) to rescind a declaration of drought and to
29-21 rescind any restrictions adopted pursuant to that declaration;
29-22 (16) to require the registration of water wells within
29-23 the District in accordance with rules of the Board of Directors and
29-24 to require that records be kept and reports be made of the
29-25 drilling, equipping, and completing of water wells and of the
30-1 production and use of underground water;
30-2 (17) to require permits for drilling, equipping, or
30-3 completing a well. The Board of Directors shall adopt a standard
30-4 form for a permit application. The Board of Directors shall set a
30-5 hearing to consider a permit application before the 21st day after
30-6 the Board receives the application. On the 21st day after the
30-7 Board receives a permit application, if the Board has not set a
30-8 hearing on the application and has not issued or declined to issue
30-9 the permit, the applicant may petition a district court of the
30-10 county in which the well is located or proposed to be located for a
30-11 writ of mandamus to compel the District to act on the application
30-12 or set a hearing on the application. The Board shall hold the
30-13 hearing before the 31st day after the date the hearing is set. The
30-14 Board shall issue or decline to issue the permit before the 11th
30-15 day after the hearing is held;
30-16 (18) to require advance registration for a substantial
30-17 alteration of the size of a well or well pump. The Board of
30-18 Directors shall adopt a standard advance registration form;
30-19 (19) to apply for and receive gifts, grants, awards,
30-20 or loans from a local, state, or federal agency or from a private
30-21 individual, company, or corporation for District research or
30-22 projects or for operations or maintenance of the District;
30-23 (20) to issue or administer grants, loans, or other
30-24 financial assistance to water users for water conservation or water
30-25 reuse; and
31-1 (21) to carry out all of the powers and duties of the
31-2 Texas Natural Resource Conservation Commission under Chapter 26,
31-3 Water Code, and to enforce the chapter and rules of the commission
31-4 adopted under that chapter inside the District's boundaries and
31-5 within a buffer zone that:
31-6 (A) includes all of the area within five miles
31-7 outside of the northern boundary of the District; and
31-8 (B) excludes the Springhills Water Management
31-9 District.
31-10 (b) The Board of Directors may adopt and enforce reasonable
31-11 rules for the purposes of carrying out the powers described in
31-12 <Subdivisions (10) through (16) of> Subsection (a) of this section.
31-13 (c) On the adoption of <relating to the development,
31-14 implementation, and enforcement of one or more drought management
31-15 plans and the registration of water wells within the District. If
31-16 the District adopts> rules under Subsection (b) of this section
31-17 <this subsection>, the District shall conduct a public hearing
31-18 within each county in the District to permit members of the public
31-19 to comment on the rules as they may be proposed from time to time.
31-20 Notice of each hearing, along with a brief resume of the proposed
31-21 rules, shall be published once each week for two consecutive weeks
31-22 in one or more newspapers with general circulation in the District
31-23 and the county. The first notice shall be published not later than
31-24 the 14th day before the date the hearing is to be held. The
31-25 hearing shall be conducted by one or more officers of the Board of
32-1 Directors. A rule takes effect not earlier than the 14th day after
32-2 the date of its adoption. The District may enforce this section
32-3 and its rules by injunction, mandatory injunction, or other
32-4 appropriate remedy in a court of competent jurisdiction as
32-5 authorized by Section 3(a)(5) of this Act.
32-6 (d) <(c)> A person may appeal the reasonableness and
32-7 validity of a rule adopted by the District under this section as
32-8 provided by Subsection (e) <(d)> of this section after first
32-9 appealing to the Texas Natural Resource Conservation <Water>
32-10 Commission under rules adopted by the commission. If the
32-11 commission determines a rule is unreasonable or otherwise invalid,
32-12 it shall, at its discretion, either declare that the rule is null
32-13 and void and direct the Board of Directors of the District to adopt
32-14 a substitute rule or reform the rule so that it is reasonable and
32-15 valid.
32-16 (e) <(d)> A person affected by and dissatisfied with any
32-17 rule made by the District under this section may file suit against
32-18 the District or its Directors to challenge the validity of the
32-19 rule. The suit shall be filed in a court of competent jurisdiction
32-20 in Bexar County.
32-21 (f) <(e)> A person affected by and dissatisfied with any act
32-22 of the Texas Natural Resource Conservation <Water> Commission
32-23 pursuant to this section is entitled to file suit against the Texas
32-24 Natural Resource Conservation <Water> Commission to challenge the
32-25 validity of the act of the commission. The suit shall be filed in
33-1 a court of competent jurisdiction in Travis County. The term
33-2 "person" as used in this section shall have the meaning as stated
33-3 in Section 3A(a) of this Act.
33-4 (g) <(f) The Texas Water Commission shall begin registration
33-5 of wells located within the Edwards Underground Water District
33-6 pursuant to rules adopted by the Texas Water Commission in
33-7 accordance with Sections 11.201 through 11.207 and Section 28.011,
33-8 Water Code. The registrations shall be completed in a timely
33-9 manner and the information shall be provided to the Edwards
33-10 Underground Water District by March 1, 1988.> On the adoption of
33-11 rules for registration of wells by the Board of Directors in
33-12 accordance with Subsection (b) of this section, the District shall
33-13 assume the responsibility for well registration in the District.
33-14 SECTION 4. Section 3A, Chapter 99, Acts of the 56th
33-15 Legislature, Regular Session, 1959 (Article 8280-219, Vernon's
33-16 Texas Civil Statutes), is amended by amending Subsections (a) and
33-17 (k) and by adding Subsection (r) to read as follows:
33-18 (a) In addition to other powers provided by this Act, the
33-19 District has the power to require any person to obtain a permit
33-20 from the District for the transporting of water by pipeline,
33-21 channel, ditch, watercourse or other natural or artificial
33-22 facilities, or any combination of such facilities, when such water
33-23 is produced from wells located or to be located within the
33-24 District, except for a water purveyor who supplies water to the
33-25 purveyor's service area in the District <whenever all or any part
34-1 of such water is used or is intended for use outside of the
34-2 boundaries of the District; provided, however, the requirement for
34-3 a permit hereunder shall not apply to (i) any person transporting
34-4 water from such a well located within the District prior to the
34-5 effective date of this section provided the amount of water so
34-6 transported annually shall not exceed by more than ten percent
34-7 (10%) the amount transported in calendar year 1982; (ii) any person
34-8 transporting water on behalf of any incorporated municipality whose
34-9 boundaries lie partly within the District provided such water so
34-10 transported shall be used within the incorporated limits of such
34-11 municipality as such limits are defined as of the effective date of
34-12 this section>. "Person" in this section shall include any
34-13 individual, firm, entity, corporation, municipal corporation,
34-14 governmental or proprietary body, or association of persons.
34-15 (k) Such application shall not be approved unless the Board
34-16 of Directors finds and determines that the issuance of the permit
34-17 <transporting of water for use outside the District> applied for
34-18 will not substantially affect the quantity and quality of water
34-19 available to any person or property within the District and that
34-20 the proposed use, or any part of the proposed use, will not
34-21 constitute waste as defined under state law, including Chapter 52,
34-22 Water Code <the laws of the State of Texas>. In considering the
34-23 application, the District shall consider the quantity of water
34-24 proposed to be transported; the term for which the transporting is
34-25 requested; the safety of the proposed transportation facilities
35-1 with respect to contamination of the aquifer; the nature of the
35-2 proposed use; the effect of the proposed use of the water to be
35-3 transported on District residents in proportion to all beneficial
35-4 use of District residents for municipal, agricultural, industrial,
35-5 recreational, and other categories, and such other factors to be
35-6 consistent with the purposes of the District.
35-7 (r) The District may impose a fee on the transportation of
35-8 water produced in the District for use outside of the District.
35-9 SECTION 5. Section 3B(a), Chapter 99, Acts of the 56th
35-10 Legislature, Regular Session, 1959 (Article 8280-219, Vernon's
35-11 Texas Civil Statutes), is amended to read as follows:
35-12 (a) In addition to other powers provided by this Act, the
35-13 District has the power to require any person transporting water
35-14 produced from wells located within the District <for use outside of
35-15 the District>, regardless of the amount of water so transported, to
35-16 register such transporting with the District. <Such registration
35-17 shall be made within one hundred eighty (180) days after the
35-18 effective date of this subsection.> "Person" in this subsection
35-19 shall include any individual, firm, entity, corporation, municipal
35-20 corporation, governmental or proprietary body or association of
35-21 persons.
35-22 SECTION 6. Chapter 99, Acts of the 56th Legislature, Regular
35-23 Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
35-24 amended by adding Section 3D to read as follows:
35-25 Sec. 3D. LOANS AND GRANTS. Under the authority granted by
36-1 Section 52-a, Article III, Texas Constitution, the District may
36-2 loan or grant money to any person for:
36-3 (1) water conservation or reuse equipment or
36-4 technology for water conservation or water reuse;
36-5 (2) water conservation, reuse, or development projects
36-6 to assist the growth of agriculture or economic development in the
36-7 region; or
36-8 (3) education in the region to promote innovation in
36-9 water conservation or water reuse practices.
36-10 SECTION 7. Chapter 99, Acts of the 56th Legislature, Regular
36-11 Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
36-12 amended by adding Section 3E to read as follows:
36-13 Sec. 3E. ENFORCEMENT OF RULES. The District may enforce
36-14 this chapter and its rules in court by injunction, mandatory
36-15 injunction, or other appropriate remedy.
36-16 SECTION 8. Chapter 99, Acts of the 56th Legislature, Regular
36-17 Session, 1959 (Article 8280-219, Vernon's Texas Civil Statutes), is
36-18 amended by adding Section 12A to read as follows:
36-19 Sec. 12A. FEES. (a) In addition to ad valorem taxes
36-20 provided for in Section 10 of this Act, the Board of Directors by a
36-21 two-thirds majority vote may levy and collect production fees and
36-22 production surcharge fees on each nonexempt producer of water from
36-23 the underground water-bearing formations in the District. The fees
36-24 are in addition to any other fee that may be imposed under this
36-25 Act.
37-1 (b) The Board of Directors by rule shall adopt a production
37-2 fee schedule and a production surcharge fee schedule for use in
37-3 determining the amount of fees to be charged. The Board may also
37-4 adopt a penalty for failure to pay the fees when due, and may
37-5 charge interest at the rate provided by Section 111.060, Tax Code.
37-6 (c) Unless an election is held, the District may not adopt
37-7 an initial schedule of production fees intended to generate more
37-8 than two cents for each $100 valuation when combined with property
37-9 tax collections. Any increase in property tax and fees exceeding
37-10 eight percent is subject to a rollback election on the presentation
37-11 of a petition by a number of qualified voters equal to at least 10
37-12 percent of the number of persons voting in the previous District
37-13 election. Unless approved at an election held under this
37-14 subsection, the District may not adopt a schedule of production
37-15 fees under Subsection (b) of this section to generate, when
37-16 combined with tax revenues collected pursuant to Section 10 and
37-17 Section 11 of this Act, total revenues that exceed the amount the
37-18 District could collect by maximizing its taxing effort under
37-19 Section 10 and Section 11 of this Act. The District shall hold an
37-20 election under this subsection in accordance with the election laws
37-21 applicable to an election for taxes for the support of county
37-22 bonds. If the schedule of production fees is approved, it remains
37-23 in effect until another schedule is adopted by the District and, if
37-24 required by this subsection, approved by the voters.
37-25 (d) If a fee imposed by this section is delinquent or if
38-1 interest or a penalty on a delinquent fee has not been paid, the
38-2 District has a prior lien for the fee, penalty, and interest on the
38-3 real property where such water is produced. The lien may be
38-4 enforced by a suit filed by the District. Venue of the suit is in
38-5 the county in which the water was produced or the defendant
38-6 resides.
38-7 SECTION 9. Sections 1.02, 1.04-1.06, 1.08, 1.11-1.24,
38-8 1.26-1.30, and 1.34-1.45, Chapter 626, Acts of the 73rd
38-9 Legislature, Regular Session, 1993, are repealed.
38-10 SECTION 10. Chapter 99, Acts of the 56th Legislature,
38-11 Regular Session, 1959 (Article 8280-219, Vernon's Texas Civil
38-12 Statutes), is not repealed by operation of Section 1.41, Chapter
38-13 626, Acts of the 73rd Legislature, Regular Session, 1993, and
38-14 remains in effect as if that section had not been enacted and
38-15 signed into law.
38-16 SECTION 11. The importance of this legislation and the
38-17 crowded condition of the calendars in both houses create an
38-18 emergency and an imperative public necessity that the
38-19 constitutional rule requiring bills to be read on three several
38-20 days in each house be suspended, and this rule is hereby suspended,
38-21 and that this Act take effect and be in force from and after its
38-22 passage, and it is so enacted.