AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties note that there is an area in Hays County that is not within the boundaries of a groundwater conservation district, and the parties contend that this is a problem. H.B. 3405 seeks to remedy this problem.

 

H.B. 3405 amends current law relating to the territory and authority of the Barton Springs-Edwards Aquifer Conservation District to regulate certain wells for the production of groundwater.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter A, Chapter 8802, Special District Local Laws Code, by adding Section 8802.0035, as follows:

 

Sec. 8802.0035. SHARED TERRITORY; JURISDICTION. (a) Provides that the territory of the district includes any territory that is:

 

(1) inside the boundaries of:

 

(A) the Edwards Aquifer Authority; and

 

(B) Hays County; and

 

(2) not within the boundaries of the Plum Creek Conservation District as those boundaries existed on February 1, 2015.

 

(b) Provides that the Edwards Aquifer Authority has jurisdiction over any well that is drilled to produce water from the Edwards Aquifer in the shared territory described by Subsection (a).

 

(c) Provides that the district has jurisdiction over any well that is drilled to produce water from any aquifer other than the Edwards Aquifer in the shared territory described by Subsection (a).

 

(d) Provides that, except for the district and the Edwards Aquifer Authority, no district or authority created under Section 52 (Counties, Cities or Other Political Corporations or Subdivisions; Lending Credit; Grants; Bonds), Article III, or Section 59 (Conservation and Development of Natural Resources and Parks and Recreational Facilities; Conservation and Reclamation Districts), Article XVI, Texas Constitution, has authority in the shared territory described by Subsection (a) to regulate the spacing of water wells or the production from water wells.

 

(e) Provides that the district has jurisdiction over any well that is drilled to produce water from the Edwards Aquifer or any other aquifer in the territory described by Section 8802.003 (District Territory).

 

SECTION 2. Requires the board of directors of the Barton Springs-Edwards Aquifer Conservation District, as soon as practicable after the effective date of this Act, and in conformance with the requirements of Section 8802.053, Special District Local Laws Code, to revise the single-member districts as the board considers appropriate to reflect the changes in territory made by Section 8802.0035, Special District Local Laws Code, as added by this Act.

 

SECTION 3. (a) Provides that the legislature validates and confirms all acts and proceedings of the board of directors of the Barton Springs-Edwards Aquifer Conservation District that were taken before the effective date of this Act.

 

(b) Provides that Subsection (a) of this section does not apply to any matter that on the effective date of this Act:

 

(1) is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court; or

 

(2) has been held invalid by a final judgment of a court.

 

SECTION 4. Provides that all requirements of the constitution and the 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 5. Effective date: upon passage or September 1, 2015.