Bill Text: TX HB4743 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Uvalde Water Trust.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-05-23 - Recommendations filed with the Speaker [HB4743 Detail]
Download: Texas-2019-HB4743-Introduced.html
| By: King of Uvalde | H.B. No. 4743 | |
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| relating to the creation of the Uvalde Water Trust. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. SHORT TITLE. This Act may be cited as the Uvalde | ||
| Water Trust Act. | ||
| SECTION 2. CREATION OF UVALDE WATER TRUST. The Uvalde Water | ||
| Trust is hereby created pursuant to Art. XVI, Sec. 59, Texas | ||
| Constitution, for the purpose of protecting the groundwater and the | ||
| surface water supplies of Uvalde County, encouraging conservation, | ||
| and ensuring that water rights are available for future use in the | ||
| county to support growth and economic development. The Uvalde | ||
| Water Trust is a conservation and reclamation district and has all | ||
| the functions, powers, authority, rights and duties as necessary to | ||
| accomplish the purposes for which the trust is created and as | ||
| authorized by Art. XVI, Sec. 59, Texas Constitution. | ||
| SECTION 3. BOUNDARIES. The boundaries of the Uvalde Water | ||
| Trust is the territory contained within Uvalde County. | ||
| SECTION 4. FINDING OF BENEFIT. All land, water, and other | ||
| property included within the boundaries of the trust will be | ||
| benefited by the creation of the trust. | ||
| SECTION 5. PURPOSE. The purpose of the Uvalde Water Trust | ||
| is to facilitate a water market and to provide adequate water | ||
| supplies for use within the county. The Trust may acquire, receive, | ||
| hold, lease, and sell water rights and engage in any other | ||
| transactions and may develop policies necessary to promote | ||
| conservation and availability of water in the county. | ||
| SECTION 6. POWERS OF TRUST. The powers of the Uvalde Water | ||
| Trust include but are not limited to: | ||
| (a) acquiring and holding water rights by purchase, lease, | ||
| assignment, bequeath, gift, pledge, trust, or any other mechanism; | ||
| (b) selling, leasing, or otherwise transferring an interest | ||
| in water rights for economic development projects or other uses of | ||
| water within the county; | ||
| (c) holding water rights for conservation purposes, fish | ||
| and wildlife habitat protection, water quality, aquifer | ||
| management, for the protection of instream flows, or similar | ||
| purposes; | ||
| (d) appraising water rights or otherwise establish the | ||
| value of the water right; | ||
| (e) applying for and receiving grants, low-interest loans, | ||
| or other public or private financing mechanisms for funding the | ||
| acquisition of water rights; | ||
| (f) receiving funds from any source and in any form, such as | ||
| a gift, grant, loan, transfer, or bequest, to carry out the purposes | ||
| of the Trust; | ||
| (g) entering into contracts; | ||
| (h) assessing a transaction fee to cover the Trust's | ||
| administrative costs related to individual transactions; | ||
| (i) engaging in such other actions as necessary to | ||
| facilitate water transactions; | ||
| (j) keeping such books and records as necessary to account | ||
| for the activities of the Trust; and | ||
| (k) developing, establishing and implementing policies | ||
| necessary to carry out the purposes of the Trust. | ||
| SECTION 7. ENROLLMENT IN EDWARDS AQUIFER HABITAT | ||
| CONSERVATION PROGRAM. Edwards Aquifer water rights held by the | ||
| Trust may be enrolled in a Habitat Conservation Program implemented | ||
| by the Edwards Aquifer Authority and the Trust may receive any | ||
| funding associated with those programs. | ||
| SECTION 8. PURCHASE OPTION. The Trust has the option to | ||
| acquire a water right available on the open market in Uvalde County | ||
| by matching the highest offer made for that right. The holder of | ||
| the right shall notify the Trust of such offer not less than 10 days | ||
| prior to the proposed closing date for the transaction. | ||
| SECTION 9. GOVERNANCE. (a) The Trust would be governed by | ||
| a Board that would consist of the following persons who may serve | ||
| two consecutive, two-year staggered terms, the staggered terms to | ||
| be determined at the initial meeting of the Board: | ||
| 1) One member of the City Council of each of Cities of | ||
| Uvalde and Sabinal, appointed by the Mayor of each respective City; | ||
| 2) One member of the Knippa Independent School | ||
| District, to be appointed by the Chair of the Board of Trustees of | ||
| the Knippa Independent School District; | ||
| 3) One member of the County Commissioners Court of | ||
| Uvalde County appointed by the County Judge; | ||
| 4) One member of the Uvalde County Underground Water | ||
| Conservation District appointed by the Chair of the Uvalde County | ||
| Underground Water Conservation District; | ||
| 5) The County Judge; and | ||
| 6) The Mayor of the City of Uvalde; | ||
| (b) The Trust is subject to Chapters 551 and 552, Government | ||
| Code. | ||
| SECTION 10. STAFF. The General Manager of the Uvalde County | ||
| Underground Water Conservation District shall act as an ex officio | ||
| member of the Board and as the General Manager of the Trust. The | ||
| General Manager shall hire such staff and consultants as necessary | ||
| to carry out the functions and responsibilities of the Trust. | ||
| SECTION 11. REVIEW AND DISSOLUTION. The General Manager | ||
| shall submit a report to the Board on the fifth anniversary of the | ||
| effective date of the Trust, and every five years thereafter, | ||
| summarizing the effectiveness of the Trust in accomplishing its | ||
| purposes and goals, including the number and types of water | ||
| transactions entered into by the Trust, the costs associated with | ||
| those transactions, the price paid by the Trust for the water rights | ||
| acquired, the amount of revenues, grants, loans or other monies | ||
| held by the Trust, cash balances, and other information that would | ||
| inform the Board as to the effectiveness of the Trust. The Trust | ||
| shall continue in existence unless the Board finds that the Trust is | ||
| no longer effectively accomplishing its purposes and goals and | ||
| votes, by a two-thirds majority, to dissolve the Trust. | ||
| SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. | ||
| (a) | ||
| The proper and 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 by the | ||
| constitution and other laws of this state, including the governor, | ||
| who has submitted the notice and act to the Texas Commission on | ||
| Environmental Quality. | ||
| (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, | ||
| lieutenant governor, and 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 13. EFFECTIVE DATE. This Act takes effect | ||
| September 1, 2019. | ||
