By:  Cook of Colorado (Senate Sponsor - Armbrister)               H.B. No. 1534
	(In the Senate - Received from the House May 5, 2003; 
May 7, 2003, read first time and referred to Committee on Natural 
Resources; May 22, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 10, Nays 0; 
May 22, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1534                                   By:  Jackson


A BILL TO BE ENTITLED

AN ACT


relating to certain powers of groundwater conservation districts.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 36.103(b), Water Code, is amended to 
read as follows:    
	(b)  A district may:                                                           
		(1)  acquire land to erect dams or to drain lakes, 
draws, and depressions;  
		(2)  construct dams;                                                          
		(3)  drain lakes, depressions, draws, and creeks;                             
		(4)  install pumps and other equipment necessary to 
recharge a groundwater reservoir or its subdivision; and
		(5)  provide necessary facilities for water 
conservation purposes [the purchase, sale, transportation, and 
distribution of water].
	SECTION 2.  Section 36.104, Water Code, is amended to read as 
follows:       
	Sec. 36.104.  PURCHASE, SALE, TRANSPORTATION, AND 
DISTRIBUTION OF WATER.  A district may purchase, sell, transport, 
and distribute surface water or groundwater [for any purpose].
	SECTION 3.  Sections 36.105(a) and (b), Water Code, are 
amended to read as follows:
	(a)  A district may exercise the power of eminent domain to 
acquire by condemnation a fee simple or other interest in property 
if that property interest is:
		(1)  within the boundaries of the district; and                        
		(2)  necessary for conservation purposes, including 
recharge and reuse [to the exercise of the authority conferred by 
this chapter].
	(b)  The power of eminent domain authorized in this section 
may not be used for the condemnation of land for the purpose of:
		(1)  acquiring rights to groundwater, surface water or 
water rights; or
		(2)  production, sale, or distribution of groundwater 
or surface water.
	SECTION 4.  Section 36.106, Water Code, is amended to read as 
follows:       
	Sec. 36.106.  SURVEYS.  A district may make surveys of the 
groundwater reservoir or subdivision and surveys of the facilities 
[for development, production, transportation, distribution, and 
use of the water,] in order to determine the quantity of water 
available for production and use and to determine the improvements, 
development, and recharging needed by a reservoir or its 
subdivision.
	SECTION 5.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act to Sections 
36.103(b), 36.104, 36.105, and 36.106, Water Code, does not affect 
a contract entered into before the effective date of this Act.  Such 
a contract is governed by the law in effect when the contract was 
entered into, and the former law is continued in effect for that 
purpose.
	(c)  The change in law made by this Act to Section 36.105, 
Water Code, does not affect an eminent domain action initiated 
before the effective date of this Act.  Such an action is governed 
by the law in effect when the action was initiated, and the former 
law is continued in effect for that purpose.



* * * * *