Bill Text: TX HB2640 | 2013-2014 | 83rd Legislature | Engrossed


Bill Title: Relating to the creation of the Western Travis County Groundwater Conservation District; providing general law authority to issue bonds and exercise the power of eminent domain; providing general law authority to impose assessments, fees, surcharges, or taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2013-05-20 - Left pending in committee [HB2640 Detail]

Download: Texas-2013-HB2640-Engrossed.html
  83R22546 SGA-F
 
  By: Workman H.B. No. 2640
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Western Travis County Groundwater
  Conservation District; providing general law authority to issue
  bonds and exercise the power of eminent domain; providing general
  law authority to impose assessments, fees, surcharges, or taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle H, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8871 to read as follows:
  CHAPTER 8871. WESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
  DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8871.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Western Travis County
  Groundwater Conservation District.
         Sec. 8871.002.  NATURE OF DISTRICT. The district is a
  groundwater conservation district in Travis County created under
  and essential to accomplish the purposes of Section 59, Article
  XVI, Texas Constitution.
         Sec. 8871.003.  FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
  district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the works and projects accomplished by the
  district under the powers conferred by Section 59, Article XVI,
  Texas Constitution.
         Sec. 8871.004.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
         Sec. 8871.005.  CONFLICTS OF LAW. To the extent of any
  conflict, this chapter or a rule adopted under this chapter
  prevails over an ordinance or order of Travis County.
  SUBCHAPTER A-1.  TEMPORARY PROVISIONS
         Sec. 8871.021.  APPOINTMENT OF TEMPORARY DIRECTORS;
  VACANCIES; TERMS.  (a)  Five temporary directors shall be appointed
  not later than the 90th day after the effective date of the Act
  creating this chapter as follows:
               (1)  the county judge of Travis County shall appoint
  two temporary directors;
               (2)  the county commissioner for the county
  commissioners precinct in which the district is located shall
  appoint one temporary director;
               (3)  the state representative who represents the house
  district in which the district is located shall appoint one
  temporary director; and
               (4)  the state senator who represents the senate
  district in which the district is located shall appoint one
  temporary director.
         (b)  If a temporary director fails to qualify for office or a
  vacancy occurs on the temporary board, the remaining temporary
  directors shall appoint a person to fill the vacancy. If at any time
  there are fewer than three temporary directors, the governor shall
  appoint the necessary number of persons to fill all vacancies on the
  board.
         (c)  Temporary directors serve until the date initial
  directors are elected at an election held under Section 8871.024.
         Sec. 8871.022.  ORGANIZATIONAL MEETING. (a) Not later than
  the 45th day after the date on which the fifth temporary director is
  appointed under Section 8871.021, the temporary directors shall
  hold the organizational meeting of the district.
         (b)  The temporary directors shall select from among
  themselves a president, a vice president, and a secretary.
         Sec. 8871.023.  AUTHORITY OF TEMPORARY DIRECTORS. (a)
  Except as provided by Subsections (c) and (d) or otherwise by this
  subchapter, the temporary directors of the district have the same
  permitting and general management powers as those granted to
  initial and permanent directors under Chapter 36, Water Code.
         (b)  The temporary directors or their designees have the
  authority to enter any public or private property located in the
  district to inspect a water well as provided by Section 36.123,
  Water Code.
         (c)  Except as provided by Section 8871.024, the temporary
  directors do not have the authority granted by the following
  provisions of Chapter 36, Water Code:
               (1)  Sections 36.017, 36.019, 36.020, and 36.059;
               (2)  Sections 36.105, 36.1071, 36.1072, 36.1073, and
  36.108;
               (3)  Sections 36.171-36.181;
               (4)  Sections 36.201-36.204; and
               (5)  Subchapters J and K.
         (d)  The temporary directors may regulate the transfer of
  groundwater out of the district as provided by Section 36.122,
  Water Code, but may not prohibit the transfer of groundwater out of
  the district.
         Sec. 8871.024.  INITIAL DIRECTORS' ELECTION. (a)  The
  temporary directors shall order an election to be held in the
  district to elect the initial directors.
         (b)  At the initial directors' election, the temporary board
  shall have placed on the ballot the names of the candidates for each
  of the five positions on the board. To be eligible to be a candidate
  for a position as a director, a person must reside in the district.
         (c)  Section 41.001(a), Election Code, applies to an
  election held under this section.
         (d)  Except as provided by this section, the initial
  directors' election must be conducted as provided by the Election
  Code and Sections 36.017(b)-(h), Water Code.
         Sec. 8871.025.  INITIAL DIRECTORS. (a)  Promptly after the
  election has been held under Section 8871.024 and the votes have
  been canvassed, the temporary directors shall:
               (1)  declare for each board position the person who
  receives the most votes for that position to be elected as the
  initial director for that position; and
               (2)  include the results of the initial directors'
  election in the district's election report to the Texas Commission
  on Environmental Quality.
         (b)  The initial directors elected to positions 1 and 3 serve
  terms expiring June 1 of the first odd-numbered year after the date
  of the election, and the initial directors elected to positions 2,
  4, and 5 serve terms expiring June 1 of the second odd-numbered year
  after the date of the election.
         Sec. 8871.026.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2019.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8871.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five directors elected at large.
         (b)  Directors serve staggered four-year terms, with two or
  three directors' terms expiring June 1 of each odd-numbered year.
         Sec. 8871.052.  ELECTION DATE. The district shall hold an
  election to elect the appropriate number of directors on the
  uniform election date prescribed by Section 41.001, Election Code,
  in May of each odd-numbered year.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8871.101.  GROUNDWATER CONSERVATION DISTRICT POWERS
  AND DUTIES. Except as otherwise provided by this chapter, the
  district has the powers and duties provided by the general law of
  this state, including Chapter 36, Water Code, applicable to
  groundwater conservation districts created under Section 59,
  Article XVI, Texas Constitution.
         SECTION 2.  (a)  Except as provided by Subsection (b), the
  Western Travis County Groundwater Conservation District initially
  includes all the territory contained in the following area:
         Beginning at the point of intersection of the current western
  boundary of the Barton Springs-Edwards Aquifer Conservation
  District and the Colorado River, then following westerly along the
  southern border of the Colorado River and Lake Travis to the western
  Travis County Boundary, then proceeding south along the western
  Travis County Boundary to the intersection of the Travis County
  boundary and the Hays County boundary, then south east along the
  southern Travis County boundary to the current western boundary of
  the Barton Springs Edwards Aquifer Conservation District; then
  north-east along the western boundary of the Barton Springs-Edwards
  Aquifer Conservation District, the point of beginning.
         (b)  The territory of the Western Travis County Groundwater
  Conservation District does not include any territory that on the
  effective date of this Act is in the corporate limits or
  extraterritorial jurisdiction of:
               (1)  the City of Bee Cave;
               (2)  the City of Lakeway;
               (3)  the City of West Lake Hills; or
               (4)  the Village of the Hills.
         SECTION 3.  (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 4.  (a)  Any eminent domain powers granted by general
  law that apply to the Western Travis County Groundwater
  Conservation District, as created by this Act, take effect only if
  this Act receives a two-thirds vote of all the members elected to
  each house.
         (b)  If this Act does not receive a two-thirds vote of all the
  members elected to each house, Subchapter C, Chapter 8871, Special
  District Local Laws Code, as added by this Act, is amended by adding
  Section 8871.102 to read as follows:
         Sec. 8871.102.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (c)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect September 1, 2013.
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