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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 Upper Trinity Groundwater |
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Conservation District; providing authority to issue bonds. |
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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 8830 to read as follows: |
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CHAPTER 8830. UPPER TRINITY GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8830.001. 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 Upper Trinity Groundwater |
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Conservation District. |
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Sec. 8830.002. NATURE OF DISTRICT; FINDINGS. (a) The |
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district is a groundwater conservation district in Hood, Montague, |
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Parker, and Wise Counties created under and essential to accomplish |
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the purposes of Section 59, Article XVI, Texas Constitution. |
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(b) The district is created to serve a public use and |
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benefit. |
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(c) All of the land and other property included within the |
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boundaries of the district will be benefited by the works and |
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projects that are to be accomplished by the district under powers |
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conferred by this chapter and by Chapter 36, Water Code. |
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(d) Any fees imposed by the district under this chapter are |
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necessary to pay for the costs of accomplishing the purposes of the |
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district, including the conservation and management of groundwater |
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resources, as provided by this chapter and Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8830.003. 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 8830.023 before September 1, 2009: |
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(1) the district is dissolved on September 1, 2009, |
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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 in equal amounts to Hood, Montague, |
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Parker, and Wise Counties; 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, 2012. |
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Sec. 8830.004. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Hood, Montague, Parker, and Wise Counties. |
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Sec. 8830.005. 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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Sec. 8830.006. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed to achieve the legislative intent and |
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purposes of Chapter 36, Water Code. A power granted by Chapter 36, |
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Water Code, or this chapter shall be broadly interpreted to achieve |
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that intent and those purposes. |
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[Sections 8830.007-8830.020 reserved for expansion] |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8830.021. APPOINTMENT OF TEMPORARY DIRECTORS. |
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(a) The district is initially governed by a board of eight |
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temporary directors appointed as provided by Section 8830.051(a). |
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(b) Temporary directors shall be appointed not later than |
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the 90th day after the effective date of the Act enacting this |
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chapter. If after the 90th day fewer than eight temporary directors |
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have been appointed, each unfilled position shall be considered a |
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vacancy and filled in accordance with Subsection (c). |
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(c) If a vacancy occurs on the temporary board, the |
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remaining temporary directors shall appoint a person to fill the |
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vacancy in a manner that meets the representational requirements of |
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this section. |
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(d) To be eligible to serve as a temporary director, a |
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person must be a registered voter in the appointing county. |
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(e) Each temporary director must qualify to serve as a |
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director in the manner provided by Section 36.055, Water Code. |
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(f) Temporary directors serve until the earlier of: |
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(1) the time the temporary directors become the |
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initial permanent directors under Section 8830.024; or |
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(2) the date this chapter expires under Section |
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8830.003. |
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Sec. 8830.022. 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. If an agreement |
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on location cannot be reached, the organizational meeting shall be |
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at the Poolville Junior High School in Parker County. |
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Sec. 8830.023. 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) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held as provided by this section. |
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(c) Except as provided by this section, a confirmation |
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election must be conducted as provided by Sections 36.017(b), (c), |
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and (e)-(g), Water Code, and by the Election Code. |
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(d) The ballot for the election must be printed to provide |
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for voting for or against the proposition: "The creation of a |
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nontaxing, locally controlled groundwater conservation district to |
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be known as the Upper Trinity Groundwater Conservation District, in |
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lieu and instead of anticipated action by the Texas Commission on |
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Environmental Quality to otherwise establish a conservation and |
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reclamation district within the same or a larger area." |
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(e) If a majority of the votes cast at the election are not |
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in favor of the creation of the district, the temporary directors |
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may order a subsequent confirmation election to be held in |
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accordance with this section. |
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Sec. 8830.024. INITIAL PERMANENT DIRECTORS; INITIAL TERMS. |
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If creation of the district is confirmed at an election held under |
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Section 8830.023: |
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(1) the temporary directors become the initial |
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permanent directors; and |
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(2) the two directors appointed from each county shall |
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draw lots to determine which director serves a term expiring June 1 |
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of the first odd-numbered year after the confirmation election and |
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which director serves a term expiring June 1 of the next |
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odd-numbered year. |
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Sec. 8830.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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[Sections 8830.026-8830.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8830.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of eight directors appointed as follows: |
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(1) two directors appointed by the Hood County |
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Commissioners Court; |
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(2) two directors appointed by the Montague County |
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Commissioners Court; |
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(3) two directors appointed by the Parker County |
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Commissioners Court; and |
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(4) two directors appointed by the Wise County |
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Commissioners Court. |
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(b) Directors serve staggered four-year terms, with the |
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term of one director from each of the four counties expiring on June |
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1 of each odd-numbered year. |
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(c) A director may serve multiple consecutive terms. |
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Sec. 8830.052. DIRECTOR ELIGIBILITY; QUALIFICATION. |
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(a) To be eligible to serve as a director, a person must be a |
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registered voter in the appointing county. |
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(b) Each director must qualify to serve in the manner |
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provided by Section 36.055, Water Code. |
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Sec. 8830.053. VACANCIES. If a vacancy occurs on the board, |
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the remaining directors shall appoint a person to fill the vacancy |
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in a manner that meets the representational requirements of Section |
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8830.051. |
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Sec. 8830.054. COMPENSATION; REIMBURSEMENT. |
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(a) Notwithstanding Sections 36.060(a) and (d), Water Code, a |
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director may not receive compensation for performing the duties of |
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director. |
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(b) A director is entitled to reimbursement of actual |
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expenses reasonably and necessarily incurred while engaging in |
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activities on behalf of the district. |
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[Sections 8830.055-8830.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8830.101. 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, and Section 59, Article XVI, |
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Texas Constitution, applicable to groundwater conservation |
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districts. |
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Sec. 8830.102. CONTRACTS. The district may enter into a |
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contract with any person, public or private, for any purpose |
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authorized by law. |
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Sec. 8830.103. APPLICABILITY OF DISTRICT |
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REGULATIONS. Groundwater regulation under this chapter applies to |
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all persons except as exempted under Section 36.117, Water Code, or |
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this chapter. |
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Sec. 8830.104. WELL SPACING RULES; EXEMPTIONS. (a) Except |
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as provided by Subsection (b), the district shall exempt from the |
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well spacing requirements adopted by the district any well that is |
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completed on or before the effective date of those requirements. |
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(b) The district may provide by rule that a well may lose its |
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exemption under this section if the well is modified in a manner |
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that substantially increases the capacity of the well after the |
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effective date of the well spacing requirements adopted by the |
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district. |
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(c) Except as provided by this section and notwithstanding |
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Section 8830.103, the district may require any well or class of |
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wells exempt from permitting under Chapter 36, Water Code, to |
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comply with the well spacing requirements adopted by the district. |
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The district shall apply well spacing requirements uniformly to any |
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well or class of wells based on the size or capacity of the well and |
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without regard to the type of use of the groundwater produced by the |
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well. |
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Sec. 8830.105. REGISTRATION AND REPORTING REQUIREMENTS FOR |
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CERTAIN EXEMPT WELLS. The district may adopt rules that require the |
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owner or operator of a well or class of wells exempt from permitting |
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under Section 36.117, Water Code, to register the well with the |
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district and, except for a well exempt from permitting under |
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Subsection (b)(1) of that section, to report groundwater |
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withdrawals from the well using reasonable and appropriate |
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reporting methods and frequency. |
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Sec. 8830.106. ENFORCEMENT. (a) The district may enforce |
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this chapter in the manner provided by Chapter 36, Water Code. In |
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lieu of a remedy available to the district under Section 36.102, |
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Water Code, or in addition to those remedies, the district may |
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impose a fee in addition to a fee assessed under Section 8830.152 on |
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a person producing groundwater in violation of a rule of the |
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district, including the failure or refusal to comply with any order |
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or rule of the district to reduce or cease groundwater usage. The |
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purpose of a fee authorized under this subsection is to serve as a |
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disincentive to producing groundwater except as authorized by the |
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district. |
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(b) A fee imposed under Subsection (a) may not exceed an |
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amount equal to 10 times the amount of a fee assessed under Section |
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8830.152. |
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Sec. 8830.107. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 8830.108-8830.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8830.151. TAXES PROHIBITED. The district may not |
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impose a tax. Sections 36.020(a) and 36.201-36.204, Water Code, do |
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not apply to the district. |
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Sec. 8830.152. DISTRICT REVENUES. (a) The district by |
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rule, resolution, or order may establish, amend, pledge, encumber, |
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expend the proceeds from, and assess to any person production fees |
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based on the amount of groundwater authorized by permit to be |
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withdrawn from a well or on the amount of water actually withdrawn, |
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to enable the district to fulfill its purposes and regulatory |
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functions as provided by this chapter. The district may use |
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revenues generated by fees it assesses for any lawful purpose. |
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(b) Notwithstanding any provision of general law to the |
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contrary, a fee authorized by Subsection (a) may not exceed: |
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(1) $1 per acre-foot annually for groundwater used for |
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agricultural purposes; or |
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(2) 30 cents per thousand gallons annually for |
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groundwater used for nonagricultural purposes. |
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(c) Notwithstanding Section 36.1071(f), Water Code, the |
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district by rule, resolution, or order before the adoption of its |
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management plan may: |
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(1) establish, assess, and enforce the collection of |
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production fees under this section; and |
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(2) establish and enforce metering and reporting |
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requirements, except for a well exempt from permitting under |
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Section 36.117(b)(1), Water Code. |
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(d) The district by rule may establish a temporary or |
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permanent discounted fee rate for persons who prepay production |
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fees to the district under this section on or before the dates |
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established by district rule. |
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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. |