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