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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 state the taxable value of the portion |
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of the parcel of land in each district. |
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Sec. 36.343. HEARING. (a) Each district, on receiving a |
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petition under this subchapter, shall hold a hearing on the matter |
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of the transfer requested in the petition. |
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(b) The board of each district by order shall set a time and |
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place to hold a hearing on the petition to include or exclude the |
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parcel in the district. The hearing may be held not earlier than |
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the 31st day after the date on which the board issues the order. |
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(c) The secretary of the board shall give notice of the |
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hearing. The notice must contain the time and place for the hearing |
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and a description of the parcel proposed to be annexed into or |
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excluded from the district. |
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(d) The secretary shall: |
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(1) post copies of the notice in three public places in |
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the district and one public place in the parcel proposed to be |
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annexed into or excluded from the district for at least 15 days |
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before the date of the hearing; and |
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(2) not later than the 16th day before the date on |
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which the hearing will be held, publish the notice once in a |
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newspaper of general circulation in the county. |
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(e) If after the hearing the board finds that annexation of |
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the parcel into the district or exclusion of the parcel from the |
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district would be feasible and would benefit the district, the |
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board may approve the annexation or exclusion by a resolution |
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entered in its minutes. The board is not required to include or |
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exclude all of the parcel described in the petition if the board |
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finds that a change is necessary or desirable. |
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(f) If the board of each district approves the transfer on |
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the same terms, the districts may enter into an agreement to |
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effectuate the transfer of territory as the boards agree and within |
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a reasonable period of time. If a district from which territory is |
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to be excluded under this section has outstanding debt or |
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obligations, that district and the district to which the territory |
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is to be added shall include in the agreement terms that ensure that |
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the debts of the originating district are not impaired by the |
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transfer of the territory. |
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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. |
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