AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The enabling Acts for many groundwater conservation districts are not codified into law. Additionally, the election date for the board of directors of many groundwater conservation districts is not the uniform election date in May.
S.B. 1336 resolves any conflicts of law so the groundwater conservation districts mentioned in the bill can be codified. The bill also sets the election date of the board of directors for many of the groundwater conservation districts mentioned in the bill for the uniform election date in May.
As proposed, S.B. 1336 amends current law relating to the construction of laws and election dates of certain groundwater conservation districts.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. CLEARWATER UNDERGROUND WATER CONSERVATION DISTRICT. Amends Section 6, Chapter 524, Acts of the 71st Legislature, Regular Session, 1989, by adding Subsection (c) to provide that, if there is a conflict between Chapters 36 (Groundwater Conservation Districts) and 49 (Provisions Applicable to All Districts), Water Code, Chapter 36 prevails.
SECTION 2. CROCKETT COUNTY GROUNDWATER CONSERVATION DISTRICT. Amends Section 6, Chapter 712, Acts of the 71st Legislature, Regular Session, 1989, by adding Subsection (c) to provide that, if there is a conflict between Chapters 36 and 49, Water Code, Chapter 36 prevails.
SECTION 3. MESA UNDERGROUND WATER CONSERVATION DISTRICT. (a) Amends Section 6, Chapter 669, Acts of the 71st Legislature, Regular Session, 1989, by adding Subsection (c) to provide that, if there is a conflict between Chapter 36 and another chapter that applies to the district, Chapter 36 prevails.
(b) Amends Section 10, Chapter 669, Acts of the 71st Legislature, Regular Session, 1989, as follows:
Sec. 10. ELECTION OF DIRECTORS. Requires that an election be held in the Mesa Underground Water Conservation District (district) to elect the appropriate number of directors on the uniform election date in May of each even-numbered year, rather than requires that an election be held in the district for the election of directors on the first Saturday in May of the second year after the year in which the district is authorized to be created at a confirmation election. Deletes existing text requiring directors elected from commissioner precincts 2 and 4 to each serve two-year terms and requiring directors elected from commissioner precincts 1 and 3 and the district at large to each serve four-year terms. Deletes existing text requiring the appropriate number of directors, thereafter, on the same date in each subsequent second year, to be elected to the board of directors of the district.
SECTION 4. SANDY LAND UNDERGROUND WATER CONSERVATION DISTRICT. (a) Amends Section 6, Chapter 673, Acts of the 71st Legislature, Regular Session, 1989, by adding Subsection (c) to provide that, if there is a conflict between Chapters 36 and 49, Water Code, Chapter 36 prevails.
(b) Amends Section 10, Chapter 673, Acts of the 71st Legislature, Regular Session, 1989, as follows:
Sec. 10. ELECTION OF DIRECTORS. Requires the appropriate number of directors, on the uniform election date in May of every other year, to be elected to the board of directors (board) of the Sandy Land Underground Water Conservation District (district), rather than requires that the election be held in the district for the election of two directors who are each required to serve two-year terms and three directors who are each required to serve four-year terms on the first Saturday in May of the second year after the year in which the district is authorized to be created at a confirmation election. Deletes existing text requiring that the appropriate number of directors, thereafter, on the same date in each subsequent second year, be elected to the board.
SECTION 5. SANTA RITA UNDERGROUND WATER CONSERVATION DISTRICT. Amends Section 6, Chapter 653, Acts of the 71st Legislature, Regular Session, 1989, by adding Subsection (c) to provide that, if there is a conflict between Chapters 36 and 49, Water Code, Chapter 36 prevails.
SECTION 6. SARATOGA UNDERGROUND WATER CONSERVATION DISTRICT. Amends Section 6, Chapter 519, Acts of the 71st Legislature, Regular Session, 1989, by adding Subsection (c) to provide that, if there is a conflict between Chapters 36 and 49, Water Code, Chapter 36 prevails.
SECTION 7. SOUTH PLAINS UNDERGROUND WATER CONSERVATION DISTRICT. (a) Amends Section 5, Chapter 46, Acts of the 72nd Legislature, Regular Session, 1991, by adding Subsection (c) to provide that, if there is a conflict between Chapters 36 and 49, Water Code, Chapter 36 prevails.
(b) Amends Section 11, Chapter 46, Acts of the 72nd Legislature, Regular Session, 1991, as follows:
Sec. 11. ELECTION OF DIRECTORS. Requires that an election be held in the South Plains Underground Water Conservation District (district) to elect the appropriate number of directors on the uniform election date in May of even-numbered years, rather than requires that an election be held in the district for the election of the directors for Precinct Nos. 1 and 3, who are each required to serve two-year terms, and the directors for Precinct Nos. 2 and 4 and for the district at large, who are each required to serve four-year terms, on the first Saturday in May of the second year after the year in which the district is authorized to be created at a confirmation election. Deletes existing text requiring that the appropriate number of directors, thereafter, be elected to the board of directors of the district on the same date in each subsequent second year.
SECTION 8. SUTTON COUNTY UNDERGROUND WATER CONSERVATION DISTRICT. (a) Amends Section 15(e), Chapter 377, Acts of the 69th Legislature, to require the Sutton County Underground Water Conservation District to hold an election in the district to elect directors on the uniform election date, rather than the first Saturday, in May of each odd-numbered year.
(b) Amends Section 17, Chapter 377, Acts of the 69th Legislature, Regular Session, 1985, as follows:
Sec. 17. STATUTORY INTERPRETATION. Provides that, except as otherwise provided by this Act, if there is a conflict between this Act and Chapter 49, 51 (Water Control and Improvement Districts), or 36, Water Code, rather than Chapter 51 or 52 (Underground Water Conservation Districts), Water Code, this Act controls. Provides that, if there is a conflict between Chapter 49 or 51, Water Code, and Chapter 36, Water Code, Chapter 36 controls, rather than provides that, if there is a conflict between Chapter 51, Water Code, and Chapter 52, Water Code, Chapter 52 Controls.
SECTION 9. TERMS OF OFFICE. Requires the governing body of a groundwater conservation district for which the election date has changed under the laws amended by this Act to adjust the terms of office to conform to the new election date, if applicable.
SECTION 10. NOTICE. (a) Provides that 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 (Conservation and Development of Natural Resources and Parks and Recreational Facilities; Conservation and Reclamation Districts), Article XVI (General Provisions), Texas Constitution, and Chapter 313 (Notice for Local and Special Laws), Government Code.
(b) Provides that the governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality (TCEQ).
(c) Provides that TCEQ 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) Provides that 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 11. EFFECTIVE DATE. Effective date: September 1, 2015.