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AN ACT
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relating to the Jeff Davis County Underground Water Conservation |
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District; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8891 to read as follows: |
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CHAPTER 8891. JEFF DAVIS COUNTY UNDERGROUND WATER CONSERVATION |
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DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8891.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commissioners court" means the Jeff Davis County |
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Commissioners Court. |
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(3) "Director" means a board member. |
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(4) "District" means the Jeff Davis County Underground |
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Water Conservation District. |
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Sec. 8891.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Jeff Davis County created |
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under and essential to accomplish the purposes of Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8891.003. FINDINGS OF PUBLIC USE AND BENEFIT. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property included in the district |
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will benefit from the works and projects accomplished by the |
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district under the powers conferred by Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8891.004. DISTRICT TERRITORY. The district's |
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boundaries are coextensive with the boundaries of Jeff Davis |
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County, unless the district's territory has been modified under: |
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(1) Subchapter J or K, Chapter 36, Water Code; or |
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(2) other law. |
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Sec. 8891.005. APPLICABILITY OF OTHER GROUNDWATER |
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CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by |
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this chapter, Chapter 36, Water Code, applies to the district. |
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(b) Section 36.121, Water Code, does not apply to the |
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district. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8891.051. COMPOSITION OF BOARD; TERMS. (a) The |
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district is governed by a board of five directors appointed by the |
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commissioners court. |
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(b) Directors serve staggered four-year terms that expire |
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on March 1 of the applicable odd-numbered year. |
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Sec. 8891.052. VACANCIES. If there is a vacancy on the |
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board, the commissioners court shall appoint a director to serve |
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the remainder of the term. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8891.101. GENERAL POWERS AND DUTIES. The district has |
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the rights, powers, privileges, functions, and duties provided by |
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the general law of this state, including Chapter 36, Water Code, |
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applicable to groundwater conservation districts created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 8891.102. LIMITATION ON TAXES. The district may not |
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impose taxes in the district. |
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Sec. 8891.103. FEES. (a) The district may assess fees as |
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authorized by Section 36.205, Water Code. |
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(b) The district may not charge for an annual period |
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production fees greater than $1 per acre-foot for water used for |
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agricultural use or 17 cents per 1,000 gallons for water used for |
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any other purpose. |
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SECTION 2. Chapter 641, Acts of the 73rd Legislature, |
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Regular Session, 1993, is repealed. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 964 passed the Senate on |
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April 19, 2017, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 964 passed the House on |
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May 21, 2017, by the following vote: Yeas 135, Nays 6, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |