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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a groundwater conservation district in |
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a priority groundwater management area. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 35.012, Water Code, is amended by adding |
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Subsections (b-1), (b-2), and (b-3) to read as follows: |
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(b-1) Except as provided by Subsection (b-2), a district |
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created under Subchapter B, Chapter 36, must be composed of |
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territory in two or more contiguous counties, unless the commission |
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determines that a district composed of territory in noncontiguous |
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counties will result in more effective or efficient groundwater |
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management than other options available to the commission. |
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(b-2) A district created under Section 36.0151 may be |
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composed of territory that exists in a single county only if: |
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(1) the territory in the county is the only area in the |
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designated priority groundwater management area that is not in a |
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district; or |
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(2) there are other areas in the designated priority |
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groundwater management area, but: |
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(A) the other areas are not contiguous to the |
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territory; and |
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(B) the commission determines that creating a |
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single district composed of two or more of the noncontiguous areas, |
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including the territory, would result in less effective or less |
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efficient management of groundwater resources in the territory than |
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creating a district composed of the territory in the single county. |
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(b-3) For purposes of this section, the commission may |
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consider territory in two separately designated priority |
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groundwater management areas to be in the same designated priority |
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groundwater management area if: |
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(1) the two areas share a common boundary and one or |
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more common aquifers; and |
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(2) the commission determines that a district composed |
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of territory in the two areas will result in more effective or |
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efficient groundwater management than other options available to |
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the commission. |
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SECTION 2. Sections 36.012(a) and (b), Water Code, are |
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amended to read as follows: |
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(a) A district may include all or part of two [one] or more |
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counties, and one or more municipalities [cities], districts, or |
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other political subdivisions. |
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(b) A district must be composed of territory in two or more |
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contiguous counties, unless the commission determines that a |
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district composed of territory in noncontiguous counties will |
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result in more effective or efficient groundwater management than |
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other options available to the commission [A district may not
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include territory located in more than one county except on a
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majority vote of the voters residing within the territory in each
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county sought to be included in the district at an election called
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for that purpose]. |
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SECTION 3. Section 35.012(b-1), Water Code, as added by |
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this Act, and Section 36.012, Water Code, as amended by this Act, |
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apply only to a district created on or after the effective date of |
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this Act. |
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SECTION 4. 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, 2011. |