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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Heart of Texas Aquifer District and |
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the dissolution of certain groundwater conservation districts; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, or surcharges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CREATION OF DISTRICT |
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SECTION 1.1. CREATION OF DISTRICT. Subtitle H, Title 6, |
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Special District Local Laws Code, is amended by adding Chapter 8892 |
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to read as follows: |
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CHAPTER 8892. HEART OF TEXAS AQUIFER DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8892.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Heart of Texas Aquifer |
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District. |
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Sec. 8892.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Comal County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8892.003. INITIAL DISTRICT TERRITORY. The initial |
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territory of the district: |
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(1) consists of the territory of the following |
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counties except as provided by Subdivision (2): |
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(A) Blanco; |
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(B) Burnet; |
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(C) Comal; |
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(D) Hays; and |
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(E) Kendall; and |
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(2) does not include territory included inside the |
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territorial boundaries of the following districts as those |
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boundaries are established on September 1, 2017: |
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(A) the Barton Springs-Edwards Aquifer |
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Conservation District; |
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(B) the Edwards Aquifer Authority; or |
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(C) the Plum Creek Conservation District. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8892.051. COMPOSITION OF BOARD. The district is |
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governed by a board of five appointed directors. |
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Sec. 8892.052. TERMS AND APPOINTMENT OF DIRECTORS. |
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Directors serve staggered four-year terms. Directors are appointed |
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as follows: |
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(1) one director appointed by the Blanco County |
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Commissioners Court; |
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(2) one director appointed by the Burnet County |
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Commissioners Court; |
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(3) one director appointed by the Comal County |
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Commissioners Court; |
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(4) one director appointed by the Hays County |
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Commissioners Court; and |
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(5) one director appointed by the Kendall County |
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Commissioners Court. |
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Sec. 8892.053. VACANCIES. If there is a vacancy on the |
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board, the commissioners court of the county that appointed the |
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director whose position has become vacant shall appoint a person to |
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fill the vacancy for the remainder of the term. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8892.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
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AND DUTIES. The district has the rights, powers, privileges, |
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functions, and duties provided by the general law of this state, |
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including Chapter 36, Water Code, applicable to groundwater |
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conservation districts created under Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8892.102. CONTRACTS. The district may contract with a |
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state agency or political subdivision, including a municipality, a |
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county, a river authority, or another district, to carry out any |
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function of the district. |
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SECTION 1.2. APPOINTMENT OF DIRECTORS. Not later than |
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September 1, 2018, the county commissioners courts of Blanco, |
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Burnet, Comal, Hays, and Kendall Counties each shall appoint a |
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member of the board of directors of the Heart of Texas Aquifer |
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District as required by Section 8892.052, Special District Local |
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Laws Code, as added by this Act. |
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ARTICLE 2. TRANSFERS; DISSOLUTION OF DISTRICTS; REPEALER |
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SECTION 2.1. DEFINITIONS. In this article: |
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(1) "Aquifer district" means the Heart of Texas |
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Aquifer District. |
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(2) "Districts" means the following: |
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(A) the Blanco-Pedernales Groundwater |
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Conservation District; |
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(B) the Central Texas Groundwater Conservation |
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District; |
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(C) the Comal Trinity Groundwater Conservation |
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District; |
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(D) the Cow Creek Groundwater Conservation |
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District; and |
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(E) the Hays Trinity Groundwater Conservation |
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District. |
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SECTION 2.2. TRANSFERS. (a) Not earlier than September 1, |
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2018, and not later than December 1, 2018, each of the districts |
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shall: |
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(1) transfer the district's assets, debts, and |
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contractual rights and obligations to the aquifer district; and |
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(2) provide notice and make recordings of the |
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transfers under this section as required by the Water Code, |
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Property Code, and other law. |
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(b) On December 1, 2018, the powers, functions, and duties |
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of the districts are transferred to the aquifer district. |
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SECTION 2.3. PROHIBITION ON CERTAIN ACTIONS. (a) Before |
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December 1, 2018, the board of directors of the aquifer district: |
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(1) may not take any regulatory action under Chapter |
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36, Water Code; |
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(2) shall adopt rules for the administration of the |
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aquifer district under Chapter 36, Water Code; and |
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(3) may hire employees of the aquifer district. |
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(b) On and after December 1, 2018, the districts have no |
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authority to take any action under Chapter 36, Water Code. |
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SECTION 2.4. DISSOLUTION OF CERTAIN DISTRICTS. On January |
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1, 2019: |
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(1) the districts are dissolved; |
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(2) the terms of the directors of the districts |
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expire; and |
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(3) the aquifer district shall provide to the Texas |
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Commission on Environmental Quality notice of the dissolution of |
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the districts. |
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SECTION 2.5. REPEALER. On January 1, 2019: |
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(1) Chapter 1147 (H.B. 3229), Acts of the 78th |
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Legislature, Regular Session, 2003, is repealed; and |
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(2) the following chapters of the Special District |
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Local Laws Code are repealed: |
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(A) Chapter 8810; |
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(B) Chapter 8838; |
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(C) Chapter 8843; and |
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(D) Chapter 8875. |
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ARTICLE 3. EFFECTIVE DATE |
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SECTION 3.1. EFFECTIVE DATE. This Act takes effect |
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September 1, 2017. |