Bill Text: TX HB3781 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Val Verde County Groundwater Conservation District; providing authority to issue bonds; providing authority to impose fees, surcharges, and taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-26 - Recommendations filed with the Speaker [HB3781 Detail]
Download: Texas-2019-HB3781-Introduced.html
86R17084 TYPED | ||
By: Nevárez | H.B. No. 3781 |
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relating to the creation of the Val Verde County Groundwater | ||
Conservation District; providing authority to issue bonds; | ||
providing authority to impose fees, surcharges, and 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 8872 to read as follows: | ||
CHAPTER 8872. VAL VERDE COUNTY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8872.001. DEFINITIONS. (a) Except as provided by | ||
Subsection (b), the definitions in Section 36.001, Water Code, | ||
apply to this chapter. | ||
(b) In this chapter: | ||
(1) "Aquifer" means that part of the Edwards-Trinity | ||
(Plateau) Aquifer located in Val Verde County. | ||
(2) "Board" means the board of directors of the | ||
district. | ||
(3) "Affected person" means a registered voter of Val | ||
Verde County or a person owning land in Val Verde County. | ||
(4) "City" means the City of Del Rio. | ||
(5) "Commissioners court" means the Val Verde County | ||
Commissioners Court. | ||
(6) "Development board" means the Texas Water | ||
Development Board. | ||
(7) "Director" means a member of the board. | ||
(8) "District" means the Val Verde County Groundwater | ||
Conservation District. | ||
(9) "Domestic use" means the use of groundwater in the | ||
district by a member of a well owner's household or by household | ||
employees, tenants, licensees, or guests for the following | ||
purposes: | ||
(A) drinking, washing, or culinary activities; | ||
(B) irrigation of: | ||
(i) lawns; | ||
(ii) family gardens; or | ||
(iii) orchards, if the produce of the | ||
orchard is used only for household consumption; | ||
(C) filling or maintaining swimming pools, | ||
decorative ponds, or fountains located on the well owner's | ||
property; and | ||
(D) drinking water for domestic animals not | ||
raised, maintained, or sold for commercial purposes. | ||
(10) "Existing well" means a well that is completed to | ||
produce groundwater in Val Verde County on or before January 1, | ||
2019. The term includes a well that is reworked or repaired after | ||
January 1, 2019, to restore the well's historic production | ||
capacity, provided that the reworking or repair does not enlarge | ||
the diameter of the well bore as the well bore existed on January 1, | ||
2019. | ||
(11) "Historic use" means the production and | ||
beneficial use of groundwater from an existing well in any calendar | ||
year before January 1, 2019. | ||
(12) "Political subdivision" means a governmental | ||
entity of this state, including a county, municipality, state | ||
agency, or district or authority created under Section 52, Article | ||
III, or Section 59, Article XVI, Texas Constitution. The term also | ||
includes a nonprofit water supply corporation created under Chapter | ||
67, Water Code. | ||
(13) "Retail public utility" has the meaning assigned | ||
by Section 13.002, Water Code. | ||
(14) "Rural area" means an area that is located: | ||
(A) inside the boundaries of the district; and | ||
(B) outside the corporate boundaries and | ||
extraterritorial jurisdiction of a municipality in the district. | ||
Sec. 8872.002. NATURE OF DISTRICT; PURPOSE. (a) The | ||
district is a groundwater conservation district in Val Verde County | ||
created under and essential to accomplish the purposes of Section | ||
59, Article XVI, Texas Constitution, including: | ||
(1) the permitting, recharge, conservation, | ||
protection, and prevention of the waste of groundwater in Val Verde | ||
County; | ||
(2) the control of subsidence caused by the | ||
unreasonable withdrawal of groundwater; | ||
(3) the regulation of transporting groundwater | ||
outside the boundaries of the district; | ||
(4) the regulation of groundwater production and the | ||
implementation of drought management and conservation plans for the | ||
reduction of drawdown when conditions warrant action to protect | ||
spring flow and base flow; | ||
(5) the maintenance of sufficient, good quality river | ||
flows during periods of drought and low-flow to protect endangered | ||
species and the habitats of endangered species; | ||
(6) the development, with the assistance of the Texas | ||
Water Development Board, the Texas Parks and Wildlife Department, | ||
and the Texas Commission on Environmental Quality, of empirical | ||
groundwater flow models to inform the District's groundwater | ||
management; and | ||
(7) the management of the issuance of permits by | ||
requiring studies and groundwater availability model analyses of | ||
permit applications that include the use of conservation triggers | ||
to mitigate the impact on spring flow, base flow, and drawdown. | ||
(b) The district is created to serve a public use and | ||
benefit. | ||
(c) All of the land and other property included within the | ||
boundaries of the district will benefit from the works and projects | ||
that are to be accomplished by the district under powers conferred | ||
by Section 59, Article XVI, Texas Constitution, this chapter, and | ||
Chapter 36, Water Code. | ||
Sec. 8872.003. CONFIRMATION ELECTION REQUIRED. If the | ||
creation of the district is not confirmed at a confirmation | ||
election held under Section 8872.023 before September 1, 2021: | ||
(1) the district is dissolved September 1, 2021, | ||
except that: | ||
(A) any debts incurred shall be paid; | ||
(B) any assets that remain after the payment of | ||
debts shall be transferred to Val Verde County and the city in | ||
proportion to the amount each entity has contributed to the costs of | ||
the confirmation election and district operations; and | ||
(C) the organization of the district shall be | ||
maintained until all debts are paid and remaining assets are | ||
transferred; and | ||
(2) this chapter expires September 1, 2022. | ||
Sec. 8872.0034. INITIAL DISTRICT TERRITORY. The boundaries | ||
of the district are coextensive with the boundaries of Val Verde | ||
County. | ||
Sec. 8872.0035. MINIMUM STANDARDS. The Texas Water | ||
Development Board shall develop and set minimum flow and spring | ||
discharge standards for the District based on the best available | ||
science, historical data, and any other available data necessary to | ||
protect the property values of riverside landowners and endangered | ||
or threatened species in the District. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 8872.021. APPOINTMENT OF TEMPORARY DIRECTORS; | ||
VACANCIES; TERMS. (a) As soon as practicable after the effective | ||
date of the Act enacting this chapter, nine temporary directors | ||
shall be appointed as follows: | ||
(1) three temporary directors shall be appointed by | ||
the commissioners court; | ||
(2) three temporary directors shall be appointed by | ||
the city council of the city; and | ||
(3) three temporary directors shall be appointed | ||
jointly by the commissioners court, city council, and the mayor of | ||
the city; | ||
(b) An individual appointed to serve as a temporary director | ||
must be at least 18 years of age and be: | ||
(1) A registered voter of Val Verde County, or; | ||
(2) A landowner in Val Verde County. | ||
(c) If there is a vacancy on the temporary board of | ||
directors of the district, the remaining temporary directors shall | ||
appoint a person to fill the vacancy in a manner that meets the | ||
representational requirements of this section. | ||
(d) Temporary directors serve until the earlier of: | ||
(1) the date the temporary directors become initial | ||
directors under Section 8872.024; or | ||
(2) the date this chapter expires under Section | ||
8872.003. | ||
(e) Before the confirmation election under Section | ||
8872.023, the presiding officer of the district or the presiding | ||
officer's designee may represent the district in the joint planning | ||
process under Section 36.108, Water Code, and shall be considered a | ||
voting district representative. | ||
Sec. 8872.022. ORGANIZATIONAL MEETING OF TEMPORARY | ||
DIRECTORS. (a) As soon as practicable after all the temporary | ||
directors have qualified under Section 36.055, Water Code, a | ||
majority of the temporary directors shall convene the | ||
organizational meeting of the district at a location within the | ||
district agreeable to a majority of the directors. If an agreement | ||
on location cannot be reached, the organizational meeting shall be | ||
at the Val Verde County Courthouse. | ||
(b) At the organizational meeting described by Subsection | ||
(a), the temporary directors shall: | ||
(1) elect a president as presiding officer, vice | ||
president, secretary, and treasurer; | ||
(2) schedule the confirmation election described by | ||
Section 8872.023; and | ||
(3) notify the applicable groundwater management area | ||
of the district's creation, subject to confirmation under Section | ||
8872.023. | ||
Sec. 8872.023. CONFIRMATION ELECTION. (a) The temporary | ||
board shall order an election to be held on the first available | ||
uniform election date in November following January 1, 2019, to | ||
confirm the creation of the district and authorize the collection | ||
of taxes. | ||
(b) The ballot for the election must be printed to permit | ||
voting for or against the following proposition: "The creation of | ||
the Val Verde County Groundwater Conservation District and the | ||
imposition of an ad valorem tax in the district at a rate not to | ||
exceed three cents for each $100 of assessed valuation." | ||
(c) Except as provided by this section, a confirmation | ||
election must be conducted as provided by Sections 36.017(b)-(i), | ||
Water Code, and the Election Code. | ||
(d) If the district's creation is not confirmed at an | ||
election held under this section, the temporary directors may order | ||
one or more subsequent elections to be held to confirm the creation | ||
of the district not earlier than the first anniversary of the | ||
preceding confirmation election. If the district's creation is not | ||
confirmed at an election held under this section before September | ||
1, 2021, the district is dissolved in accordance with Section | ||
8872.003. | ||
(e) The costs of an election held under this chapter shall | ||
be paid equally by Val Verde County and the city. | ||
Sec. 8872.024. INITIAL DIRECTORS. (a) If the creation of | ||
the district is confirmed at an election held under Section | ||
8872.023, the temporary directors become the initial directors and | ||
serve until permanent directors are elected or appointed under | ||
Section 8872.052. | ||
(b) The initial directors of the board shall draw lots to | ||
determine which five directors shall serve a term expiring December | ||
1 of the year two years after the date of the election in which the | ||
district is confirmed and which four directors shall serve a term | ||
expiring December 1 of the year four years after the date of the | ||
election in which the district is confirmed. | ||
(c) The initial directors shall provide notice to the | ||
members of the groundwater management area in which the district is | ||
located that the creation of the district is confirmed. | ||
Sec. 8872.025. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2021. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8872.051. COMPOSITION OF BOARD. The district is | ||
governed by a board of nine directors. | ||
Sec. 8872.052. TERMS; APPOINTMENT OF DIRECTORS; | ||
QUALIFICATIONS. (a) Directors serve staggered four-year terms, | ||
with five or four terms expiring December 1 every other year. | ||
Directors are appointed as follows: | ||
(1) one director is appointed from each of the three | ||
management zones by the Commissioners court; | ||
(2) one director is appointed from each of the three | ||
management zones by the mayor and the city council; | ||
(3) one director is appointed from each of the three | ||
management zones jointly by the Commissioners court, mayor of the | ||
city, and the city council. | ||
(b) To be appointed under this section, a person must be at | ||
least 18 years of age and: | ||
(1) a registered voter of Val Verde County; and | ||
(2) own property within the management zone the | ||
director is appointed to represent. | ||
(d) A director may serve consecutive terms. | ||
Sec. 8872.053. VACANCIES. (a) If there is a vacancy on the | ||
board, a majority of the board shall appoint a person to fill the | ||
vacancy for the remainder of the term of the vacant director place. | ||
The person appointed to fill the vacancy must meet the | ||
qualifications under Section 8872.052 for the vacant place. | ||
(b) If the board has not filled a vacancy before the 90th day | ||
after the date of the vacancy, the county judge of Val Verde County | ||
and the mayor of the city shall jointly appoint a person that meets | ||
the qualifications under Section 8872.052 for the vacant place to | ||
serve as director for the remainder of the term being filled. | ||
Sec. 8872.054. COMPENSATION. (a) A director is not | ||
entitled to receive compensation for performing the duties of a | ||
director. | ||
(b) The board may authorize a director to receive | ||
reimbursement for the director's reasonable and actual expenses | ||
incurred while engaging in activities inside or outside the | ||
district on behalf of the board. | ||
Sec. 8872.055. ELECTION OF BOARD OFFICERS. (a) At the | ||
first meeting of the board in each calendar year, the board shall | ||
elect directors to serve as the president, vice president, | ||
secretary, and treasurer. | ||
(b) The president shall serve as the presiding officer of | ||
the board. | ||
(c) The treasurer shall serve as the financial officer of | ||
the district. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8872.101. GENERAL POWERS. (a) Except as otherwise | ||
provided by this chapter, the district has all of the rights, | ||
powers, privileges, functions, and duties provided by the general | ||
law of this state applicable to groundwater conservation districts | ||
created under Section 59, Article XVI, Texas Constitution, | ||
including Chapter 36, Water Code. | ||
(b) Before confirmation of the district, the district's | ||
powers are limited to: | ||
(1) performance of the duties necessary to hold an | ||
election to confirm the creation of the district; | ||
(2) registration of existing wells that are not exempt | ||
from the district requirement to obtain a permit under this chapter | ||
or Chapter 36, Water Code; | ||
(3) collection of annual groundwater production | ||
reports from wells that are not exempt from the district | ||
requirement to obtain a permit under this chapter or Chapter 36, | ||
Water Code; and | ||
(4) participation in joint planning with other | ||
districts as provided by Section 8872.021(e). | ||
(c) The district shall adopt rules and prescribe forms | ||
necessary to implement Subsections (b)(2) and (3). | ||
(d) Section 36.121, Water Code, does not apply to the | ||
district. | ||
Sec. 8872.102 APPEAL OF ACTION BY THE DISTRICT. (a) | ||
Section 36.066, Water Code, does not apply to the district. | ||
(b) Not later than the 120th day after the date on which the | ||
district takes an official action, an affected person must file a | ||
petition for review with the Development board to appeal the | ||
validity of the district's action. | ||
(c) Upon receipt of the petition, the Development board | ||
shall conduct an administrative review and make a determination as | ||
to whether the contested action taken by the district meets the | ||
requirements of this chapter. | ||
(d) The Development board must complete and deliver the | ||
determination described in subsection (c) to the District and | ||
appealing party not later than the 120th day after the date the | ||
Development board receives a copy of the petition. | ||
(e) The Development board's determination under subsection | ||
(c) is final and non-appealable in the courts of this state except | ||
to the extent the official action fails to conform with laws | ||
relating to conflicts of interest, abuse of office, or | ||
constitutional obligations. | ||
Sec. 8872.103. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
Sec. 8872.104. PERMITS: RULES. (a) The district shall | ||
adopt rules to: | ||
(1) require a person to obtain a permit from the | ||
district to drill and produce groundwater from a well, including an | ||
existing well, unless the well is exclusively for agricultural, | ||
domestic, or household use or is otherwise exempt from permitting | ||
under this chapter or Chapter 36, Water Code; | ||
(2) regulate the terms of a transfer of groundwater | ||
out of the district; | ||
(3) regulate the spacing of wells drilled after | ||
September 1, 2019, to prevent unreasonable adverse interference | ||
with other wells; | ||
(4) provide for the uniform and nondiscriminatory | ||
reduction or curtailment of the production of groundwater by all | ||
permit holders the district, if necessary, to protect spring flow | ||
and base flow and reduce aquifer drawdown; | ||
(5) provide for permit-specific provisions requiring | ||
production curtailment or the injection of a nontoxic tracer dye as | ||
part of a hydrologic study, if necessary, to protect spring flow and | ||
base flow and reduce aquifer drawdown; | ||
(6) limit groundwater production: | ||
(A) by the spacing of wells; | ||
(B) by basing production on acreage or tract | ||
size; or | ||
(C) for a public water supplier, by basing | ||
production on the service area of the supplier; and | ||
(7) require the owner of a well that is not exempt from | ||
the district requirement to obtain a permit under this chapter or | ||
Chapter 36, Water Code, to report to the district in January of each | ||
year the annual production of groundwater from the well based on | ||
metered production. | ||
(b) The terms of a permit that authorizes the production of | ||
groundwater for transfer out of the district for beneficial use | ||
must be consistent with applicable law, including Section 36.122, | ||
Water Code, and may not be more restrictive than the terms of a | ||
permit authorizing the production of groundwater for beneficial use | ||
inside the district. | ||
(c) The district may establish permit conditions and | ||
limitations as provided by Section 36.122, Water Code. | ||
Sec. 8872.105. PERMITS: LANDOWNERS GENERALLY. The district | ||
shall grant a permit for commercial use that authorizes a person to | ||
drill one or more wells not to exceed 12 inches in diameter on land | ||
owned or controlled by the person through a lease or other legal | ||
right. | ||
Sec. 8872.106. PERMITS: CITY. The district shall grant the | ||
city permits in the city's name that authorize the city to pump from | ||
all wells operated or controlled by the city a cumulative volume of | ||
groundwater of 18,400 acre-feet per year. | ||
Sec. 8872.107. PERMITS: RETAIL PUBLIC UTILITY. (a) The | ||
district shall grant a permit to a retail public utility in the | ||
district or to a political subdivision other than the city that is | ||
providing water or sewer service on or before the effective date of | ||
the Act enacting this chapter. The permit must authorize the | ||
production of a cumulative volume of groundwater from the wells | ||
owned by the entity in an amount equal to the amount of groundwater | ||
required to meet the entity's current and projected needs as | ||
determined under Section 13.250, Water Code. | ||
(b) The permitted entity may not resell the groundwater | ||
produced under the permit to any person for use or resale outside | ||
the entity's service area, including the area covered by a | ||
certificate of convenience and necessity, and must put the water to | ||
beneficial use within the entity's service area, except with the | ||
written approval of the district. | ||
Sec. 8872.108. PERMITS: EXISTING COMMERCE AND INDUSTRY. | ||
The district shall grant a permit for the production of groundwater | ||
from an existing well that is beneficially used for commercial or | ||
industrial purposes outside the limits or the extraterritorial | ||
jurisdiction of the city. The permit must authorize the production | ||
of a cumulative volume of groundwater that is equal to the maximum | ||
historic use as proven by the person seeking the permit. | ||
Sec. 8872.109. WELL REGISTRATION. A permit issued under | ||
this chapter authorizing the production of groundwater from the | ||
aquifer must also authorize the drilling and operation of a well or | ||
wells in the aquifer, and must require the permit holder to: | ||
(1) register each well with the district at no cost; | ||
and | ||
(2) file a copy of the well driller's log with the | ||
district on completion of each well. | ||
Sec. 8872.110. PROPERTY RIGHTS. (a) A permit issued by the | ||
district for the drilling, operation, or production of a well is | ||
appurtenant to the real property on which the well is located. | ||
Ownership of the groundwater, or the right to use and produce the | ||
groundwater authorized by the permit, may be sold, leased, | ||
assigned, or otherwise transferred by the owner, provided that the | ||
rights granted by the permit to drill a well and to produce | ||
groundwater are exercised on the real property described in the | ||
permit based on the actual production authorized by the permit. | ||
(b) Except as provided by this chapter, groundwater | ||
produced as authorized by a permit, once captured at the wellhead, | ||
may be beneficially used for any lawful purpose at any location, | ||
whether on or off the real property to which the permit is attached, | ||
provided that any beneficial use outside the boundaries of the | ||
district is authorized by a transport permit issued by the | ||
district. | ||
Sec. 8872.111. REDUCTION AND CURTAILMENT. (a) The board by | ||
rule may provide for the reduction and curtailment of the | ||
production of groundwater from a well permitted under this chapter | ||
to protect spring flow and base flow and reduce drawdown in | ||
accordance with Sections 8872.104(a)(4) and (5) only if river flow | ||
and spring discharge conditions fall below the minimum standards | ||
described by Sec. 8872.0035. | ||
(b) To implement a reduction or curtailment, the district | ||
may, to the extent not otherwise authorized by Section 36.101(a), | ||
Water Code, limit groundwater production as provided by district | ||
rules. | ||
(c) Rules adopted by the board requiring a reduction or | ||
curtailment of the production of groundwater must be applied on a | ||
proportional, uniform, and nondiscriminatory basis to all | ||
production, unless the cause or condition requiring reduction or | ||
curtailment is limited to a management zone created under Section | ||
8872.112. | ||
(d) This Section does not apply to provisions described by | ||
Sec. 8872.104(a)(5) requiring the reduction or curtailment of the | ||
production of groundwater for a specific well or permit. | ||
Sec. 8872.112. MANAGEMENT ZONES. (a) The district shall | ||
establish three management zones to better manage the groundwater | ||
resources and may adopt different rules to regulate production from | ||
the management zones based on acreage, tract size, or the service | ||
area of a public water supplier. The boundaries of the management | ||
zones shall be established as follows: | ||
(1) The San Felipe Springs Management Zone shall | ||
comprise all of the territory contained within the following | ||
described area: | ||
BEGINNING: At the point at which U.S. Highway 77 intersects | ||
with the Eastern boundary of Val Verde County; | ||
THENCE: Along the Southeasterly right-of-way line of U.S. | ||
Route 77 to the junction of U.S. Route 90 and U.S. Route 377; | ||
THENCE: Along the Easterly right-of-way line of U.S. Route 90 | ||
to the junction of U.S. Route 90 and Texas Highway 349, to the | ||
Southwestern boundary of Val Verde County; | ||
THENCE: Eastward along the border of Val Verde County, and in | ||
a Northward direction along the border of Val Verde County to the | ||
POINT OF BEGINNING. | ||
(2) The Devil's River Management Zone shall comprise | ||
all of the territory contained within the following described area: | ||
BEGINNING: At the point at which U.S. Highway 77 intersects | ||
with the Eastern boundary of Val Verde County; | ||
THENCE: Along the Southeasterly right-of-way line of U.S. | ||
Route 77 to the junction of U.S. Route 90 and U.S. Route 377; | ||
THENCE: Along the Northerly right-of-way of U.S. Route 90 to | ||
the junction of U.S. Route 90 and Texas Ranch to Market Road 1024; | ||
THENCE: Along the Northerly right-of-way of Texas Ranch to | ||
Market Road 1024 to the point that Texas Ranch to Market Road 1024 | ||
bears in a Westerly direction at an approximate latitude of | ||
30.188886 and an approximate longitude of -101.331504; | ||
THENCE: Northwesterly to the Northern boundary of Val Verde | ||
County; | ||
THENCE: Easterly along the boundary of Val Verde County and | ||
Southerly along the boundary of Val Verde County to the POINT OF | ||
BEGINNING. | ||
(3) The Pecos River Management Zone shall comprise all | ||
of the territory contained within the following described area: | ||
BEGINNING: At the point Texas Highway 349 intersects with the | ||
Southeastern boundary of Val Verde County; | ||
THENCE: Northwesterly along the boundary of Val Verde County; | ||
continuing along the county's border until the Western boundary of | ||
the Devil's River Management Zone; | ||
THENCE: Southerly along the Western Boundary of the Devil's | ||
River Management Zone to the POINT OF BEGINNING. | ||
(b) The district must regulate the production of | ||
groundwater in a management zone on a proportional, uniform, and | ||
nondiscriminatory basis, except such permit or well-specific | ||
actions as may be required by Sec. 8872.104(a)(5). | ||
(c) The Devil's River is designated a river segment of | ||
unique ecological value as described by Water Code Section | ||
16.051(f). | ||
Sec. 8872.113. PERMIT RENEWAL. (a) Except as provided by | ||
Subsection (b), the district shall without a hearing renew or | ||
approve an application to renew an operating permit before the date | ||
on which the permit expires, provided that: | ||
(1) the application, if required by the district, is | ||
submitted in a timely manner and accompanied by any required fees in | ||
accordance with district rules; and | ||
(2) the permit holder is not requesting a change | ||
related to the renewal that would require a permit amendment under | ||
district rules. | ||
(b) The district is not required to renew a permit under | ||
this section if the applicant: | ||
(1) is delinquent in paying a fee required by the | ||
district; | ||
(2) is subject to a pending enforcement action for a | ||
substantive violation of a district permit, order, or rule that has | ||
not been settled by agreement with the district or a final | ||
adjudication; or | ||
(3) has not paid a civil penalty or has otherwise | ||
failed to comply with an order resulting from a final adjudication | ||
of a violation of a district permit, order, or rule. | ||
(c) If the district is not required to renew a permit under | ||
Subsection (b)(2), the permit remains in effect until the final | ||
settlement or adjudication on the matter of the substantive | ||
violation. | ||
Sec. 8872.114. AGRICULTURAL, HOUSEHOLD, AND DOMESTIC USE | ||
UNRESTRICTED; LIMITATION ON PERMIT REQUIREMENTS. (a) The District | ||
may not require a person to install a meter or obtain a permit from | ||
the district for a well used to produce groundwater solely inside | ||
the district for domestic, household, or agricultural use. The | ||
District shall require a person to install a meter and obtain a | ||
permit from the district for commercial use, industrial use, or | ||
transport outside the District. | ||
(b) The District shall not restrict the production of a well | ||
solely for domestic, household, or agricultural use. | ||
(c) An owner of a well for domestic, household, or | ||
agricultural use described by this section shall register the well | ||
with the district. | ||
(d) The district may not require a permit or a permit | ||
amendment for the maintenance or repair of a well that is not exempt | ||
from permitting under this chapter or Chapter 36, Water Code, if the | ||
maintenance or repair does not make the well capable of producing an | ||
amount of groundwater that is greater than the production amounts | ||
provided by the well's permit. | ||
(e) Nothing in Subsection (a) prevents the applicability in | ||
the district of Section 36.113(a), Water Code. | ||
Sec. 8872.115. PROHIBITION ON DISTRICT PURCHASE, SALE, | ||
TRANSPORT, OR DISTRIBUTION OF WATER. The district may not | ||
purchase, sell, transport, or distribute surface water or | ||
groundwater for any purpose. | ||
Sec. 8872.116. RIGHT TO ENTER LAND. Section 36.123, Water | ||
Code, which authorizes a district's employees or agents to go on and | ||
inspect the property of a landowner, applies to the district | ||
provided that: | ||
(1) access is subject to written notice to the | ||
landowner; and | ||
(2) the district's employees and agents are prohibited | ||
from carrying firearms on the landowner's property. | ||
Sec. 8872.117. WATER CONSERVATION INITIATIVE. The district | ||
may create a water conservation initiative as provided by Section | ||
11.32, Tax Code. | ||
Sec. 8872.118. REGIONAL GROUNDWATER PLANNING. (a) The | ||
district shall obtain or develop groundwater models for use in | ||
planning and management of the aquifer and to assist the district in | ||
the district's role as a member of the groundwater management area | ||
in which the district is located. | ||
(b) The district, to the extent possible and through the | ||
designated representative for the groundwater management area in | ||
which the district is located, shall diligently pursue an increase | ||
in the managed available groundwater and an improvement in the | ||
desired future conditions for the aquifer as compared to those | ||
indicators for the aquifer on January 1, 2019. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8872.151. LIMITATION ON TAXES. The district may not | ||
impose ad valorem taxes at a rate that exceeds three cents on each | ||
$100 valuation of taxable property in the district. | ||
Sec. 8872.152. APPLICABILITY OF CERTAIN TAX PROVISIONS. | ||
(a) Sections 26.04, 26.05, 26.06, and 26.07, Tax Code, do not apply | ||
to a tax imposed by the district. | ||
(b) Section 49.236, Water Code, as added by Chapter 248 | ||
(H.B. 1541), Acts of the 78th Legislature, Regular Session, 2003, | ||
applies to the district. | ||
Sec. 8872.153. FEES. (a) The board by rule may impose | ||
uniform, reasonable, equitable, and nondiscriminatory annual | ||
production fees on the amount of permitted water actually produced | ||
from each well. | ||
(b) A production fee must be consistent with Section 36.205, | ||
Water Code, and may be based on: | ||
(1) the size of column pipe used by the well; or | ||
(2) the amount of water actually withdrawn from the | ||
well, or the amount authorized or anticipated to be withdrawn. | ||
(c) The district may assess a uniform and nondiscriminatory | ||
export fee consistent with Section 36.122, Water Code, on | ||
groundwater that is produced from a well inside the district and | ||
transferred outside the district. | ||
(d) The district may set fees by rule or resolution relating | ||
to administrative acts of the district, including filing | ||
applications, reviewing and processing permits, conducting permit | ||
hearings, providing public notice, and paying costs of legal fees, | ||
expert fees, and hearing facility rental fees. The district may not | ||
assess a fee in an amount greater than $250 for processing permits. | ||
SECTION 2. (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 3. 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, 2019. |