85R1955 GRM-D     By: Guillen H.B. No. 4338       A BILL TO BE ENTITLED   AN ACT   relating to the Live Oak Underground Water Conservation District.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 715, Acts of the 71st Legislature,   Regular Session, 1989, is amended by amending Sections 1, 4, 5, 6,   10, 11, and 13 to read as follows:          Sec. 1.  CREATION OF DISTRICT. Under Article XVI, Section   59, of the Texas Constitution, the Live Oak Underground Water   Conservation District has [is created as a governmental agency and   body politic and corporate, authorized to exercise] the powers   essential to the accomplishment of the purposes of that   constitutional provision and [to exercise] the rights, powers,   duties, privileges, and functions provided [by this Act and] by   Chapter 36 [Chapters 51 and 52], Water Code, and by other laws of   this state relating to underground water conservation districts.          Sec. 4.  PURPOSE OF DISTRICT. The district is created to   provide for the conservation, preservation, protection, recharge,   and prevention of waste of the underground water reservoirs located   under district land consistent with the objectives of Article XVI,   Section 59, of the Texas Constitution and Chapter 36 [Chapters 51   and 52], Water Code.          Sec. 5.  POWERS AND DUTIES OF DISTRICT. The district has   [may exercise] the powers, rights, duties, privileges, and   functions permitted by Chapter 36 [Chapters 51 and 52], Water Code   [, and may:                [(1)     make and enforce rules to provide for conserving,   preserving, protecting, recharging, and preventing waste of the   water from the underground water reservoirs;                [(2)     enforce its rules by injunction, mandatory   injunction, or other appropriate remedies in a court of competent   jurisdiction;                [(3)     require permits for the drilling, equipping, and   completion of wells in the underground water reservoirs in the   district and issue permits that include terms and provisions with   reference to the drilling, equipping, and completion of the wells   that are necessary to prevent waste or to conserve, preserve, and   protect underground water;                [(4)     provide for the spacing of wells producing from   the underground water reservoirs in the district and regulate the   production from those wells to minimize as far as practicable the   drawdown of the water table or the reduction of the artesian   pressure; provided, the owner of the land or his heirs, assigns, and   lessees are not denied a permit to drill a well on their land and the   right to produce underground water from that well subject to rules   adopted under this Act;                [(5)     require records to be kept and reports to be made   of the drilling, equipping, and completion of wells into any   underground water reservoir in the district and the taking and use   of underground water from those reservoirs and require accurate   driller's logs to be kept of those wells and a copy of those logs and   of any electric logs that may be made of the wells to be filed with   the district;                [(6)     acquire land for the erection of dams and for the   purpose of draining lakes, draws, and depressions; construct dams,   drain lakes, depressions, draws, and creeks; and install pumps and   other equipment necessary to recharge any underground water   reservoirs in the district;                [(7)     have made by registered professional engineers   surveys of the underground water of any underground water reservoir   in the district and of the facilities for the development,   production, and use of that underground water and determine the   quantity of the underground water available for the production and   use and the improvements, developments, and recharges needed for   those underground water reservoirs;                [(8)     develop comprehensive plans for the most   efficient use of the underground water of any underground water   reservoir in the district and for the control and prevention of   waste of that underground water, with the plans to specify in the   amount of detail that may be practicable, the acts, procedure,   performance, and avoidance that are or may be necessary to carry out   those plans, including specifications;                [(9)     carry out research projects, develop   information, and determine limitations, if any, that should be made   on the withdrawal of underground water from any underground water   reservoir in the district;                [(10)     collect and preserve information regarding the   use of the underground water and the practicability of recharge of   any underground water reservoir in the district;                [(11)     publish plans and information, bring them to the   notice and attention of the users of the underground water in the   district, and encourage their adoption and execution;                [(12)     contract for, sell, and distribute water from a   water import authority or other agency; and                [(13)     contract with other districts with powers   similar to those of the district to achieve common goals].          Sec. 6.  ADMINISTRATIVE PROCEDURES. Except as provided by   this Act, the administrative and procedural provisions of Chapter   36 [Chapters 51 and 52], Water Code, apply to the district.          Sec. 10.  DISSOLUTION OF DISTRICT. Subchapter I, Chapter 36    [Subchapter G, Chapter 52], Water Code, applies to dissolution of   the district.          Sec. 11.  ANNEXATION. [Additional territory may be added to   the district as provided by Chapter 51, Water Code.] The board of   directors shall determine to which precinct [the] annexed land will   be added for purposes of election of directors.          Sec. 13.  STATUTORY INTERPRETATION. If there is a conflict   between this Act and Chapter 36 [Chapter 51 or 52], Water Code, this   Act controls. [If there is a conflict between the application of   Chapters 51 and 52, Water Code, to the district, Chapter 52   controls.]          SECTION 2.  Section 9(a), Chapter 715, Acts of the 71st   Legislature, Regular Session, 1989, is amended to read as follows:          (a)  Except as provided by Subsection (b) of this section,   the tax and bond provisions of Subchapters F and G, Chapter 36,   [Subchapter F, Chapter 49, and Subchapters K, L, M, N, and P,   Chapter 51,] Water Code, apply to the district.          SECTION 3.  Section 12(e), Chapter 715, Acts of the 71st   Legislature, Regular Session, 1989, is amended to read as follows:          (e)  The district shall hold an election in each   even-numbered year to elect the appropriate number of directors   [After the election of the directors at the confirmation election   held under Section 8 of this Act, regular elections for a portion of   the board of directors shall be held in each even-numbered year.   The directors elected from commissioner precincts 1 and 3 and the   director elected at large at the confirmation election shall serve   as directors until the first regular meeting of the board after the   second regular election of directors, and the directors elected   from commissioner precincts 2 and 4 at the confirmation election   shall serve until the first regular meeting of the board after the   first regular election of directors].          SECTION 4.  Sections 7 and 8, Chapter 715, Acts of the 71st   Legislature, Regular Session, 1989, are repealed.          SECTION 5.  (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 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.