|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to water districts in Bandera County. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle H, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter 8847 to read as follows: |
|
CHAPTER 8847. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER |
|
DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8847.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Bandera County River |
|
Authority and Groundwater District. |
|
Sec. 8847.002. NATURE OF DISTRICT. The district is a |
|
groundwater conservation district and water control and |
|
improvement district created under Section 59, Article XVI, Texas |
|
Constitution. |
|
Sec. 8847.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) |
|
The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of a |
|
water control and improvement district and a groundwater |
|
conservation district, as provided by general law and Section 59, |
|
Article XVI, Texas Constitution. |
|
Sec. 8847.004. DISTRICT TERRITORY. The boundaries of the |
|
district are coextensive with the boundaries of Bandera County, |
|
Texas. |
|
[Sections 8847.005-8847.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8847.051. COMPOSITION OF BOARD; TERMS. (a) The |
|
district is governed by a board of nine directors. |
|
(b) Directors serve staggered four-year terms. |
|
Sec. 8847.052. ELECTION OF DIRECTORS. Two directors are |
|
elected from each commissioners precinct. One director is elected |
|
at large. |
|
Sec. 8847.053. ELECTION DATE. Every two years an election |
|
shall be held on the uniform election date in November to elect the |
|
appropriate number of directors. |
|
[Sections 8847.054-8847.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8847.101. GROUNDWATER CONSERVATION DISTRICT POWERS. |
|
The district has the powers and duties provided by the general law |
|
of this state, including Chapter 36, Water Code, and Section 59, |
|
Article XVI, Texas Constitution, applicable to groundwater |
|
conservation districts. |
|
Sec. 8847.102. LIMIT ON WATER CONTROL AND IMPROVEMENT |
|
DISTRICT POWERS. The district may exercise the powers of a water |
|
control and improvement district, including the powers provided by |
|
Chapters 49 and 51, Water Code, in the areas of the district that do |
|
not include the territories of the Bandera County Fresh Water |
|
Supply District No. 1. |
|
Sec. 8847.103. CONFLICT OF LAWS. To the extent of a |
|
conflict of laws between Chapters 36 and 49, Water Code, Chapter 36 |
|
prevails. |
|
SECTION 2. The following are repealed: |
|
(1) Chapter 629, Acts of the 62nd Legislature, Regular |
|
Session, 1971; and |
|
(2) Chapter 654, Acts of the 71st Legislature, Regular |
|
Session, 1989. |
|
SECTION 3. The term of a director elected to the board of |
|
the Bandera County River Authority and Groundwater District in May |
|
2009 expires on December 1, 2012, and the term of a director elected |
|
to the board in May 2011 expires December 1, 2014. |
|
SECTION 4. (a) The legislature finds that the Bandera |
|
County River Authority and Groundwater District was originally |
|
created by Chapter 629, Acts of the 62nd Legislature, Regular |
|
Session, 1971, as the Bandera County River Authority, and then |
|
modified or merged by Chapter 654, Acts of the 71st Legislature, |
|
Regular Session, 1989, as the Springhills Water Management |
|
District. |
|
(b) The legislature further finds that the Springhills |
|
Water Management District was renamed the Bandera County River |
|
Authority and Groundwater District in 2003. |
|
SECTION 5. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor has submitted the notice and Act to the |
|
Texas Commission on Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 6. This Act takes effect September 1, 2011. |