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A BILL TO BE ENTITLED
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AN ACT
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relating to the transference of certain territory from one |
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groundwater conservation district to another. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 36, Water Code, is amended by adding |
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Subchapter J-1 to read as follows: |
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SUBCHAPTER J-1. TRANSFER OF CERTAIN TERRITORY |
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Sec. 36.341. PETITION TO TRANSFER. The owner of a |
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contiguous parcel of land that is greater than 1,000 acres in area |
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and is included in the territory of two or more groundwater |
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conservation districts by a petition presented to the districts may |
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request that the districts transfer portions of their territories |
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as necessary for the entire parcel to be included in the territory |
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of a single district only if: |
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(1) the districts in which the parcel of land is |
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located have regulatory authority over the same aquifer or |
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subdivision of an aquifer that underlies the parcel of land; |
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(2) the district to which the owner of the land |
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petitions the parcel of land to be transferred contains the portion |
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of the parcel of land with the greatest amount of taxable value of |
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property compared to each other portion of the parcel of land that |
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is located in another district; |
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(3) none of the land included in the parcel has been |
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transferred under this subchapter by a previous petition; and |
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(4) all of the districts in which the parcel is located |
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agree to the transfer. |
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Sec. 36.342. REQUIREMENTS FOR PETITION. (a) A petition |
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submitted under this subchapter must accurately describe the |
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boundaries of the parcel. The petitioner must provide a copy of the |
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petition to each district in which the land described by Section |
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36.341 is located. |
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(b) The petition must: |
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(1) state the taxable value of the portion of the |
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parcel of land in each district; and |
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(2) contain a statement from the district proposed to |
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receive the portion of the parcel of land that the district is |
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willing to accept the land. |
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Sec. 36.343. ACTIONS ON RECEIVING PETITION. (a) Each |
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district, on receiving a petition under this subchapter, may enter |
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into an agreement with the other district or districts to |
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effectuate the transfer of territory as requested and within a |
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reasonable period of time. If a district from which territory is to |
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be removed under this section has outstanding debt or obligations, |
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that district and the district to which the territory is to be added |
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shall include in the agreement terms that ensure that the debts of |
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the originating district are not impaired by the transfer of the |
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territory. |
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(b) On entering the agreement, the districts shall adopt a |
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joint resolution approving the petition. The resolution must |
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provide the date on which the transfer is to be effective. On that |
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date, the requested land is annexed to the territory of the district |
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that is proposed to receive the land. |
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Sec. 36.344. NOTIFICATION OF COMMISSION. Each district |
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that adds or removes territory under this subchapter shall notify |
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the commission of the change in territory. |
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SECTION 2. This Act takes effect January 1, 2018. |