Bill Text: TX SB1336 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the powers and duties, the construction of laws, and the election dates of certain groundwater conservation districts.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2015-06-19 - Effective on 9/1/15 [SB1336 Detail]

Download: Texas-2015-SB1336-Enrolled.html

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S.B. No. 1336

AN ACT
relating to the powers and duties, the construction of laws, and the
election dates of certain groundwater conservation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. BEXAR METROPOLITAN WATER DISTRICT. Section
52(a), Chapter 306, Acts of the 49th Legislature, Regular Session,
1945, is amended to read as follows:
(a) Not later than January 1, 2017 [five years after the
date the election results were certified in favor of dissolution
under Article 2 or 2A of the Act enacting this section], the System
shall integrate the services and infrastructure of the District
into the System in a reasonable and orderly manner. The Commission
for good cause may grant an extension to complete integration of not
more than three additional years. The System shall base the
integration on the consideration of relevant information,
including:
(1) the location and condition of the infrastructure;
(2) debt obligations;
(3) prudent utility practices and fiscal policies;
(4) costs and revenue; and
(5) potential impacts on the customers of the District
and the System.
SECTION 2. CLEARWATER UNDERGROUND WATER CONSERVATION
DISTRICT. Section 6(a), Chapter 524, Acts of the 71st Legislature,
Regular Session, 1989, is amended to read as follows:
(a) The district has all of the rights, powers, privileges,
authority, functions, and duties provided by the general law of
this state, including Chapter 36 [Chapters 50 and 52], Water Code,
applicable to groundwater [underground water] conservation
districts created under Article XVI, Section 59, of the Texas
Constitution. This Act prevails over any provision of general law
that is in conflict or inconsistent with this Act.
SECTION 3. CROCKETT COUNTY GROUNDWATER CONSERVATION
DISTRICT. Section 6(a), Chapter 712, Acts of the 71st Legislature,
Regular Session, 1989, is amended to read as follows:
(a) The district has all of the rights, powers, privileges,
authority, functions, and duties provided by the general law of
this state, including Chapter 36 and Subchapters H and I, Chapter 49
[Chapters 50 and 52], Water Code, applicable to groundwater
[underground water] conservation districts created under Article
XVI, Section 59, of the Texas Constitution. This Act prevails over
any provision of general law that is in conflict or inconsistent
with this Act.
SECTION 4. AMENDMENT TO WATER CODE REGARDING EDWARDS
AQUIFER AUTHORITY. Subchapter D, Chapter 36, Water Code, is
amended by adding Section 36.125 to read as follows:
Sec. 36.125. EDWARDS AQUIFER AUTHORITY. (a) Except as
provided by Subsection (b), this subchapter does not apply to the
Edwards Aquifer Authority.
(b) Sections 36.102 and 36.118 apply to the Edwards Aquifer
Authority.
SECTION 5. LOST PINES GROUNDWATER CONSERVATION DISTRICT.
Subchapter B, Chapter 8849, Special District Local Laws Code, is
amended by adding Section 8849.055 to read as follows:
Sec. 8849.055. LIABILITY. For liability purposes only, a
director is considered a district employee under Chapter 101, Civil
Practice and Remedies Code, even if the director does not receive
fees of office voluntarily, by district policy, or through a
statutory exception to this section. A director is immune from suit
and immune from liability for official votes and official actions.
SECTION 6. MESA UNDERGROUND WATER CONSERVATION DISTRICT.
(a) Section 6(a), Chapter 669, Acts of the 71st Legislature,
Regular Session, 1989, is amended to read as follows:
(a) The district has all of the rights, powers, privileges,
authority, functions, and duties provided by the general law of
this state, including Chapter 36 [Chapters 50, 51, and 52], Water
Code, applicable to groundwater [underground water] conservation
districts created under Article XVI, Section 59, of the Texas
Constitution. This Act prevails over any provision of general law
that is in conflict or inconsistent with this Act.
(b) Section 10, Chapter 669, Acts of the 71st Legislature,
Regular Session, 1989, is amended to read as follows:
Sec. 10. ELECTION OF DIRECTORS. On the uniform election
date [first Saturday] in May of each even-numbered year [the second
year after the year in which the district is authorized to be
created at a confirmation election], an election shall be held in
the district to elect the appropriate number [for the election] of
directors. [Directors elected from commissioner precincts 2 and 4
shall each serve two-year terms and directors elected from
commissioner precincts 1 and 3 and the district at large shall each
serve four-year terms. Thereafter, on the same date in each
subsequent second year, the appropriate number of directors shall
be elected to the board.]
SECTION 7. SANDY LAND UNDERGROUND WATER CONSERVATION
DISTRICT. (a) Section 6, Chapter 673, Acts of the 71st
Legislature, Regular Session, 1989, is amended by adding Subsection
(c) to read as follows:
(c) If there is a conflict between Chapters 36 and 49, Water
Code, Chapter 36 prevails.
(b) Section 10, Chapter 673, Acts of the 71st Legislature,
Regular Session, 1989, is amended to read as follows:
Sec. 10. ELECTION OF DIRECTORS. On the uniform election
date [first Saturday] in May of every other [the second year after
the year in which the district is authorized to be created at a
confirmation election, an election shall be held in the district
for the election of two directors who shall each serve two-year
terms and three directors who shall each serve four-year terms.
Thereafter, on the same date in each subsequent second] year, the
appropriate number of directors shall be elected to the board.
SECTION 8. SANTA RITA UNDERGROUND WATER CONSERVATION
DISTRICT. Section 6(a), Chapter 653, Acts of the 71st Legislature,
Regular Session, 1989, is amended to read as follows:
(a) The district has all of the rights, powers, privileges,
authority, functions, and duties provided by the general law of
this state, including Chapter 36 [Chapters 50 and 52], Water Code,
applicable to groundwater [underground water] conservation
districts created under Article XVI, Section 59, of the Texas
Constitution. This Act prevails over any provision of general law
that is in conflict or inconsistent with this Act.
SECTION 9. SARATOGA UNDERGROUND WATER CONSERVATION
DISTRICT. Section 6, Chapter 519, Acts of the 71st Legislature,
Regular Session, 1989, is amended by adding Subsection (c) to read
as follows:
(c) If there is a conflict between Chapters 36 and 49, Water
Code, Chapter 36 prevails.
SECTION 10. SOUTH PLAINS UNDERGROUND WATER CONSERVATION
DISTRICT. (a) Section 5(a), Chapter 46, Acts of the 72nd
Legislature, Regular Session, 1991, is amended to read as follows:
(a) The district has all of the rights, powers, privileges,
authority, functions, and duties provided by the general law of
this state, including Chapter 36 [Chapters 50 and 52], Water Code,
applicable to groundwater [underground water] conservation
districts created under Article XVI, Section 59, of the Texas
Constitution. This Act prevails over any provision of general law
that is in conflict or inconsistent with this Act.
(b) Section 11, Chapter 46, Acts of the 72nd Legislature,
Regular Session, 1991, is amended to read as follows:
Sec. 11. ELECTION OF DIRECTORS. On the uniform election
date [first Saturday] in May of even-numbered years [the second
year after the year in which the district is authorized to be
created at a confirmation election], an election shall be held in
the district to elect the appropriate number [for the election] of
[the] directors [for Precinct Nos. 1 and 3, who shall each serve
two-year terms, and the directors for Precinct Nos. 2 and 4 and for
the district at large, who shall each serve four-year terms.
Thereafter, on the same date in each subsequent second year, the
appropriate number of directors shall be elected to the board].
SECTION 11. SUTTON COUNTY UNDERGROUND WATER CONSERVATION
DISTRICT. (a) Section 15(e), Chapter 377, Acts of the 69th
Legislature, Regular Session, 1985, is amended to read as follows:
(e) The district shall hold an election in the district to
elect directors on the uniform election date [first Saturday] in
May of each odd-numbered year.
(b) Section 17, Chapter 377, Acts of the 69th Legislature,
Regular Session, 1985, is amended to read as follows:
Sec. 17. STATUTORY INTERPRETATION. Except as otherwise
provided by this Act, if [If] there is a conflict between this Act
and Chapter 49, 51, or 36 [52], Water Code, this Act controls. If
there is a conflict between Chapter 49 or 51, Water Code, and
Chapter 36 [52], Water Code, Chapter 36 [52] controls.
SECTION 12. AMENDMENT TO WATER CODE. Section 36.0151(f),
Water Code, is amended to read as follows:
(f) Before September 1, 2021 [2015], the commission may not
create a groundwater conservation district under this section in a
county:
(1) in which the annual amount of surface water used is
more than 50 times the annual amount of groundwater produced;
(2) that is located in a priority groundwater
management area; and
(3) that has a population greater than 2.3 million.
SECTION 13. TERMS OF OFFICE. The governing body of a
groundwater conservation district for which the election date has
changed under the laws amended by this Act shall adjust the terms of
office to conform to the new election date, if applicable.
SECTION 14. NOTICE. (a) 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, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality 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) 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 15. EFFECTIVE DATE. This Act takes effect
September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1336 passed the Senate on
April 16, 2015, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 2015, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1336 passed the House, with
amendments, on May 27, 2015, by the following vote: Yeas 141,
Nays 0, three present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor