79R8098 HLT-D

By:  Duncan                                                       S.B. No. 880



A BILL TO BE ENTITLED

AN ACT

relating to granting to the Upton County Water District the powers 
and duties of a groundwater conservation district.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 264, Acts of the 65th Legislature, 
Regular Session, 1977, is amended by adding Section 8A to read as 
follows:
	Sec. 8A.  (a)  Subject to approval at a confirmation 
election, the district has all of the powers and duties provided by 
Subchapter D, Chapter 36, Water Code.  Subchapter D, Chapter 36, 
Water Code, prevails over any provision of this Act that is in 
conflict with or inconsistent with that subchapter.
	(b)  The confirmation election must be conducted as provided 
by the Election Code and, to the extent practicable, as provided by 
Sections 36.017(b), (c), (e), (f), and (g) and 36.018, Water Code.  
In applying those sections of the Water Code:
		(1)  a reference in Section 36.017 to the "temporary 
directors" or "temporary board" is considered to be a reference to 
the permanent board of directors governing the district; and
		(2)  Section 36.018 applies to a confirmation election 
under this section in the same way it applies to a creation election 
or annexation election under Section 36.018.
	(c)  The ballot for the confirmation election shall be 
printed to permit voting for or against the proposition:  "Granting 
the powers and duties of a groundwater conservation district to the 
Upton County Water District."
	(d)  If a majority of the votes cast at the confirmation 
election are against the proposition, the directors may not hold 
another election before the first anniversary of the previously 
held election.  If the proposition is not approved before September 
1, 2010, this section expires on that date.
	SECTION 2.  (a)  A confirmation election shall be held under 
Section 8A, Chapter 264, Acts of the 65th Legislature, Regular 
Session, 1977, as added by this Act, on the uniform election date in 
November 2005 if the U.S. Department of Justice has precleared this 
Act by that time.  If this Act has not been precleared by the 
November uniform election date, the confirmation election shall be 
held at the next uniform election date following preclearance.  The 
district shall contract with the county clerk of Upton County to 
conduct the election.
	(b)  If a majority of votes cast at an election held under 
Subsection (a) are for the granting of the powers and duties of a 
groundwater conservation district to the Upton County Water 
District, not later than March 1 of the year following the election, 
the Upton County Water District shall adopt rules for the issuance 
of well permits under Section 36.113, Water Code.  Not later than 
April 1 of the year following the election, a person required by 
Section 36.115, Water Code, to obtain a permit for a well within the 
jurisdiction of the Upton County Water District shall file an 
application for a permit with the district in the manner required by 
Subchapter D, Chapter 36, Water Code, and district rules.  The 
district shall approve or reject a permit application filed as 
required by this subsection and notify the applicant of the 
district's decision not later than July 1 of the year following the 
election.
	(c)  If a majority of votes cast at an election held under 
Subsection (a) are for the granting of the powers and duties of a 
groundwater conservation district to the Upton County Water 
District, Section 36.115, Water Code, applies to a violation that 
occurs within the jurisdiction of the Upton County Water District 
after July 1 of the year following the election.  For purposes of 
this section, a violation occurs on or before July 1 of the year 
following the election, if any element of the violation occurs on or 
before that date.  A violation that occurs on or before July 1 of the 
year following the election is covered by the law in effect before 
the effective date of this Act, and the former law is continued in 
effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.