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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Wise County Groundwater |
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Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8828 to read as follows: |
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CHAPTER 8828. WISE COUNTY GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8828.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Wise County Groundwater |
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Conservation District. |
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Sec. 8828.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Wise County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8828.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held under Section 8828.023 before September 1, 2011: |
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(1) the district is dissolved on September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Wise County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2014. |
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Sec. 8828.004. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Wise County. |
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Sec. 8828.005. APPLICABILITY OF OTHER GROUNDWATER |
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CONSERVATION DISTRICT LAW. Except as otherwise provided by this |
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chapter, Chapter 36, Water Code, applies to the district. |
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[Sections 8828.006-8828.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8828.021. TEMPORARY DIRECTORS. (a) Not later than the |
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45th day after the effective date of the Act creating this chapter, |
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temporary directors shall be appointed in the same manner as |
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provided by Section 8828.052 for permanent directors. |
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(b) If the voters do not confirm the creation of the |
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district under Section 8828.023, the temporary directors may hold a |
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second confirmation election not sooner than the first anniversary |
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of the initial election. |
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(c) If there is a vacancy on the temporary board of |
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directors, the Wise County Commissioners Court shall appoint a |
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person to fill the vacancy. |
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(d) Temporary directors serve until the earlier of: |
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(1) the time the temporary directors become initial |
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directors as provided by Section 8828.024; or |
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(2) the date this chapter expires under Section |
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8828.003. |
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Sec. 8828.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 36.055, Water Code, a |
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majority of the temporary directors shall convene the |
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organizational meeting of the district at a location in the |
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district agreeable to a majority of the directors. |
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Sec. 8828.023. CONFIRMATION ELECTION. (a) The temporary |
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directors shall hold an election to confirm the creation of the |
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district. |
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(b) Except as provided by this section, a confirmation |
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election must be conducted as provided by Sections 36.017, 36.018, |
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and 36.019, Water Code, and by the Election Code. The provisions of |
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Section 36.017(d), Water Code, relating to the levying of a |
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maintenance tax and the election of permanent directors do not |
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apply to a confirmation election under this section. Section |
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36.017(h), Water Code, does not apply to an initial confirmation |
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election under this section. |
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Sec. 8828.024. INITIAL DIRECTORS. (a) If creation of the |
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district is confirmed at an election held under Section 8828.023, |
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the temporary directors of the district become the initial |
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directors of the district and serve on the board of directors until |
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permanent directors are appointed under Section 8828.052. |
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(b) The initial directors shall draw lots to determine which |
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two directors serve terms expiring June 1 of the first |
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even-numbered year after the year in which the creation of the |
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district is confirmed at an election held under Section 8828.023 |
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and which three directors serve terms expiring June 1 of the second |
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even-numbered year after the year in which the creation of the |
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district is confirmed at an election held under that section. |
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Sec. 8828.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2014. |
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[Sections 8828.026-8828.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8828.051. GOVERNING BODY. The district is governed by |
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a board of five directors appointed as provided by Section |
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8828.052. |
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Sec. 8828.052. APPOINTMENT OF DIRECTORS. The Wise County |
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Commissioners Court shall appoint one director from each of the |
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four county commissioners precincts and one director from the |
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county at large. |
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Sec. 8828.053. TERMS. Directors serve staggered four-year |
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terms, with the terms of two or three directors expiring June 1 of |
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each even-numbered year. |
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Sec. 8828.054. VACANCY; RULES. (a) If there is a vacancy |
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on the board, the Wise County Commissioners Court shall appoint a |
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director to serve the remainder of the term. |
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(b) The board shall adopt rules to establish when a vacancy |
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has occurred. |
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[Sections 8828.055-8828.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8828.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
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AND DUTIES. Except as provided by this chapter, the district has |
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the powers and duties provided by the general law of this state, |
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including Chapter 36, Water Code, applicable to groundwater |
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conservation districts created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8828.102. TAXES PROHIBITED. The district may not |
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impose a tax. |
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Sec. 8828.103. LIMIT ON ISSUANCE OF BONDS. The district may |
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not issue any bonds or other obligations that pledge revenue |
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derived from district taxation. |
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Sec. 8828.104. REPORTING OF WATER WITHDRAWAL BY ENTITY |
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USING WATER FOR OIL OR GAS ACTIVITIES. Each entity that drills or |
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operates a water well in the district that is used for activities |
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related to the exploration or production of oil or gas shall report |
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to the district in the manner provided by district rules the amount |
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of water withdrawn from the well. |
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SECTION 2. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor has submitted the notice and Act to the |
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Texas Commission on Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, |
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lieutenant governor, and speaker of the house of representatives |
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within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |