SECTION 1. Subtitle H, Title
6, Special District Local Laws Code, is amended by adding Chapter 8871 to
read as follows:
CHAPTER 8871. WESTERN
TRAVIS COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8871.001.
DEFINITIONS.
Sec. 8871.002. NATURE OF
DISTRICT.
Sec. 8871.003.
CONFIRMATION ELECTION REQUIRED. If the creation of the district is not
confirmed at a confirmation election held under Section 8871.024 before
September 1, 2017:
(1) the district is dissolved
on September 1, 2017, except that the district shall:
(A) pay any debts
incurred;
(B) transfer to Travis
County any assets that remain after the payment of debts; and
(C) maintain the
organization of the district until all debts are paid and remaining assets
are transferred; and
(2) this chapter expires
September 1, 2019.
Sec. 8871.004. FINDINGS
OF PUBLIC USE AND BENEFIT.
Sec. 8871.005. INITIAL
DISTRICT TERRITORY.
Sec. 8871.006. CONFLICTS
OF LAW.
SUBCHAPTER A-1. TEMPORARY
PROVISIONS
Sec. 8871.021.
APPOINTMENT OF TEMPORARY DIRECTORS; VACANCIES; TERMS. (a) Five temporary
directors shall be appointed not later than the 90th day after the
effective date of the Act creating this chapter as follows:
(1) the county judge of
Travis County shall appoint two temporary directors;
(2) the county
commissioner for the county commissioners precinct in which the district is
located shall appoint one temporary director;
(3) the state
representative who represents the house district in which the district is
located shall appoint one temporary director; and
(4) the state senator who
represents the senate district in which the district is located shall
appoint one temporary director.
(b) If a temporary
director fails to qualify for office or a vacancy occurs on the temporary
board, the remaining temporary directors shall appoint a person to fill the
vacancy. If at any time there are fewer than three temporary directors, the
governor shall appoint the necessary number of persons to fill all vacancies
on the board.
(c) Temporary directors
serve until the earlier of:
(1) the date the creation of the district is confirmed and initial
directors are elected at an election held under Section 8871.024; or
(2) the date the district is dissolved in accordance with Section
8871.003.
Sec. 8871.022.
ORGANIZATIONAL MEETING.
Sec. 8871.023. AUTHORITY
OF TEMPORARY DIRECTORS.
Sec. 8871.024. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall order an election to be held
in the district to confirm the creation of
the district and to elect the initial directors.
(b) At the confirmation and initial directors'
election, the temporary board shall have placed on the ballot the names of
the candidates for each of the five positions on the board. To be eligible
to be a candidate for a position as a director, a person must reside in the
district.
(c) Section 41.001(a),
Election Code, applies to an election held under this section.
(d) Except as provided by
this section, a confirmation and
initial directors' election must be conducted as provided by the Election
Code and Sections 36.017(b)-(h), Water Code.
(e) If a majority of the votes cast at the election are in favor of
confirming the district's creation, the temporary directors shall declare
the district created. If a majority of the votes cast are not in favor of
confirming the district's creation, the district's creation is not
confirmed. The temporary directors shall file a copy of the election
results with the Texas Commission on Environmental Quality.
(f) If the district's creation is not confirmed at an election held
under this section, the temporary directors may order one or more
subsequent elections to be held to confirm the creation of the district not
earlier than the first anniversary of the preceding confirmation election.
If the district's creation is not confirmed at an election held under this
section before September 1, 2017, the district is dissolved in accordance
with Section 8871.003.
Sec. 8871.025. INITIAL
DIRECTORS. (a) If the creation of the
district is confirmed at an election held under Section 8871.024,
the temporary directors, at the time the vote
is canvassed, shall:
(1) declare for each
board position the person who receives the most votes for that position to
be elected as the initial director for that position; and
(2) include the results
of the initial directors' election in the district's election report to the
Texas Commission on Environmental Quality.
(b) The initial directors
elected to positions 1 and 3 serve terms expiring June 1 of the first
odd-numbered year after the date of the confirmation
election, and the initial directors elected to positions 2, 4, and 5 serve
terms expiring June 1 of the second odd-numbered year after the date of the
confirmation election.
Sec. 8871.026. EXPIRATION
OF SUBCHAPTER. This subchapter expires September 1, 2019.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8871.051. GOVERNING
BODY; TERMS.
Sec. 8871.052. ELECTION
DATE.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8871.101.
GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.
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SECTION 1. Subtitle H, Title
6, Special District Local Laws Code, is amended by adding Chapter 8871 to
read as follows:
CHAPTER 8871. WESTERN
TRAVIS COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8871.001.
DEFINITIONS.
Sec. 8871.002. NATURE OF
DISTRICT.
No
equivalent provision.
Sec. 8871.003. FINDINGS
OF PUBLIC USE AND BENEFIT.
Sec. 8871.004. INITIAL
DISTRICT TERRITORY.
Sec. 8871.005. CONFLICTS
OF LAW.
SUBCHAPTER A-1. TEMPORARY
PROVISIONS
Sec. 8871.021.
APPOINTMENT OF TEMPORARY DIRECTORS; VACANCIES; TERMS. (a) Five temporary
directors shall be appointed not later than the 90th day after the
effective date of the Act creating this chapter as follows:
(1) the county judge of
Travis County shall appoint two temporary directors;
(2) the county
commissioner for the county commissioners precinct in which the district is
located shall appoint one temporary director;
(3) the state representative
who represents the house district in which the district is located shall
appoint one temporary director; and
(4) the state senator who
represents the senate district in which the district is located shall
appoint one temporary director.
(b) If a temporary
director fails to qualify for office or a vacancy occurs on the temporary
board, the remaining temporary directors shall appoint a person to fill the
vacancy. If at any time there are fewer than three temporary directors, the
governor shall appoint the necessary number of persons to fill all
vacancies on the board.
(c) Temporary directors
serve until the date initial directors are
elected at an election held under Section 8871.024.
Sec. 8871.022.
ORGANIZATIONAL MEETING.
Sec. 8871.023. AUTHORITY
OF TEMPORARY DIRECTORS.
Sec. 8871.024. INITIAL
DIRECTORS' ELECTION. (a) The temporary directors shall order an election
to be held in the district to elect the initial directors.
(b) At the initial
directors' election, the temporary board shall have placed on the ballot
the names of the candidates for each of the five positions on the board.
To be eligible to be a candidate for a position as a director, a person
must reside in the district.
(c) Section 41.001(a),
Election Code, applies to an election held under this section.
(d) Except as provided by
this section, the initial directors' election must be conducted as provided
by the Election Code and Sections 36.017(b)-(h), Water Code.
Sec. 8871.025. INITIAL
DIRECTORS. (a) Promptly after the election
has been held under Section
8871.024 and the votes have been canvassed,
the temporary directors shall:
(1) declare for each
board position the person who receives the most votes for that position to
be elected as the initial director for that position; and
(2) include the results
of the initial directors' election in the district's election report to the
Texas Commission on Environmental Quality.
(b) The initial directors
elected to positions 1 and 3 serve terms expiring June 1 of the first
odd-numbered year after the date of the election, and the initial directors
elected to positions 2, 4, and 5 serve terms expiring June 1 of the second
odd-numbered year after the date of the election.
Sec. 8871.026. EXPIRATION
OF SUBCHAPTER. This subchapter expires September 1, 2019.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8871.051. GOVERNING
BODY; TERMS.
Sec. 8871.052. ELECTION
DATE.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8871.101.
GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.
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SECTION 2. (a) Except as
provided by Subsection (b), the Western Travis County Groundwater
Conservation District initially includes all the territory contained in the
following area:
Beginning at the point of
intersection of the current western boundary of the Barton Springs-Edwards
Aquifer Conservation District and the Colorado River, then following
westerly along the southern border of the Colorado River and Lake Travis to
the western Travis County Boundary, then proceeding south along the western
Travis County Boundary to the intersection of the Travis County boundary
and the Hays County boundary, then south east along the southern Travis
County boundary to the current western boundary of the Barton Springs
Edwards Aquifer Conservation District; then north-east along the western
boundary of the Barton Springs-Edwards Aquifer Conservation District, the
point of beginning.
(b) The territory of the
Western Travis County Groundwater Conservation District does not include
any territory that is in the corporate limits or extraterritorial
jurisdiction of:
(1) the City of Bee Cave;
(2) the City of Lakeway; or
(3) the Village of the
Hills.
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SECTION 2. (a) Except as
provided by Subsection (b), the Western Travis County Groundwater Conservation
District initially includes all the territory contained in the following
area:
Beginning at the point of
intersection of the current western boundary of the Barton Springs-Edwards
Aquifer Conservation District and the Colorado River, then following westerly
along the southern border of the Colorado River and Lake Travis to the
western Travis County Boundary, then proceeding south along the western
Travis County Boundary to the intersection of the Travis County boundary
and the Hays County boundary, then south east along the southern Travis
County boundary to the current western boundary of the Barton Springs
Edwards Aquifer Conservation District; then north-east along the western
boundary of the Barton Springs-Edwards Aquifer Conservation District, the point
of beginning.
(b) The territory of the
Western Travis County Groundwater Conservation District does not include
any territory that on the effective date of
this Act is in the corporate limits or extraterritorial jurisdiction
of:
(1) the City of Bee Cave;
(2) the City of Lakeway;
(3) the City of West Lake Hills; or
(4) the Village of the
Hills.
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SECTION 4. (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, one of the
required recipients, 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.
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SECTION 3. Same as introduced
version.
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