By: Hegar S.B. No. 1225

(In the Senate - Filed March 7, 2011; March 16, 2011, read first time and referred to Committee on Natural Resources; April 14, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 10, Nays 0; April 14, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1225 By: Hegar

A BILL TO BE ENTITLED

AN ACT

relating to the disannexation of land in Caldwell County by the Gonzales County Underground Water Conservation District or the Plum Creek Conservation District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) Not later than the 30th day after the effective date of this Act, the board of the Gonzales County Underground Water Conservation District and the board of the Plum Creek Conservation District shall jointly prepare a form that requests disannexation of land located in Caldwell County from the territory of the Gonzales County Underground Water Conservation District or the Plum Creek Conservation District.

(b) Not later than the 10th day after the form is prepared, the board of the Gonzales County Underground Water District shall mail the form to each owner of land that on the effective date of this Act is included in the territory of both the Gonzales County Underground Water District and the Plum Creek Conservation District.

(c) On receipt of the form, each owner must clearly mark and sign the form to indicate from which district the owner wants the applicable land to be disannexed. An owner may not elect to have land be disannexed by both districts.

(d) The signed forms must be returned to the board of the Gonzales County Underground Water District on or before December 31, 2011. That board shall send a copy of each form received before the deadline to the board of the Plum Creek Conservation District.

(e) If the owner of land does not comply with Subsection (c) of this section before the deadline, the applicable land will be disannexed by the Gonzales County Underground Water District.

(f) As soon as practicable after December 31, 2011, the land specified for disannexation by the owners under Subsection (c) of this section or subject to disannexation under Subsection (e) of this section shall be disannexed by resolution of the board of the Gonzales County Underground Water District or the Plum Creek Conservation District, as appropriate.

(g) The board of each district shall file a copy of that district's disannexation resolution in the office of the county clerk of Caldwell County. The county clerk shall record the resolution in the county records. On the date the disannexation resolution is recorded, the excluded territory is no longer part of the district that filed the resolution.

SECTION 2. 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, 2011.

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