Bill Text: TX HB3924 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the creation of the Comal Trinity Groundwater Conservation District; providing authority to issue bonds; providing authority to impose assessments, fees, or surcharges.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Left pending in committee [HB3924 Detail]
Download: Texas-2013-HB3924-Engrossed.html
By: Miller of Comal | H.B. No. 3924 |
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relating to the creation of the Comal Trinity Groundwater | ||
Conservation District; providing authority to issue bonds; | ||
providing authority to impose assessments, fees, or surcharges. | ||
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 8875 to read as follows: | ||
CHAPTER 8875. COMAL TRINITY GROUNDWATER | ||
CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8875.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a member of the board. | ||
(4) "District" means the Comal Trinity Groundwater | ||
Conservation District. | ||
(5) "Retail public utility" means a retail public | ||
utility as defined by Section 13.002, Water Code, that is providing | ||
service in the district. | ||
Sec. 8875.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Comal County created under and | ||
essential to accomplish the purposes of Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8875.003. CONFIRMATION ELECTION REQUIRED. If the | ||
creation of the district is not confirmed at a confirmation | ||
election held before December 31, 2016: | ||
(1) the district is dissolved on December 31, 2017, | ||
except that: | ||
(A) any debts incurred shall be paid; | ||
(B) any assets that remain after the payment of | ||
debts shall be transferred to Comal County; 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 on September 1, 2020. | ||
Sec. 8875.004. INITIAL DISTRICT TERRITORY. The initial | ||
boundaries of the district are coextensive with the boundaries of | ||
Comal County, Texas, except that the district does not include any | ||
territory that is included in the boundaries of the Trinity Glen | ||
Rose Groundwater Conservation District. | ||
Sec. 8875.005. CONFLICTS OF LAW. (a) Except as provided by | ||
Subsection (b), this chapter prevails over any provision of general | ||
law, including a provision of Chapter 36, Water Code, that is in | ||
conflict or is inconsistent with this chapter. | ||
(b) The following provisions prevail over a provision of | ||
this chapter that is in conflict or is inconsistent with the | ||
provision: | ||
(1) Sections 36.1071-36.108, Water Code; | ||
(2) Sections 36.159-36.161, Water Code; and | ||
(3) Subchapter I, Chapter 36, Water Code. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 8875.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) | ||
The temporary board consists of: | ||
(1) Velma Reyes-Danielson; | ||
(2) Jim Bower; | ||
(3) Larry Alexander; | ||
(4) John Seidel; and | ||
(5) Robert E. Johnson, Jr. | ||
(b) The temporary directors may adopt rules and assess fees | ||
to manage and operate the district. On the election of the permanent | ||
directors, the permanent directors shall consider and may approve | ||
the rules adopted by the temporary directors. A rule that is not | ||
approved by the permanent directors is not enforceable. | ||
(c) If there is a vacancy on the temporary board of | ||
directors of the district, the remaining temporary directors shall | ||
select a qualified person to fill the vacancy. If, at any time, | ||
there are fewer than three qualified temporary directors, the Comal | ||
County Commissioners Court shall appoint the necessary number of | ||
persons to fill all vacancies on the board. | ||
(d) Temporary directors or their successors serve until the | ||
earlier of: | ||
(1) the time the initial directors are elected as | ||
provided by Section 8875.025 and have qualified; or | ||
(2) the date this chapter expires under Section | ||
8875.003. | ||
Sec. 8875.022. ORGANIZATIONAL MEETING OF TEMPORARY | ||
DIRECTORS. 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. At the meeting, | ||
the temporary directors shall elect a chair, vice chair, and | ||
secretary from among the temporary directors. | ||
Sec. 8875.023. CONFIRMATION ELECTION. (a) The temporary | ||
directors shall order an election to be held in the district to | ||
confirm the creation of the district. | ||
(b) Section 41.001(a), Election Code, does not apply to an | ||
election held under this section. | ||
(c) Except as provided by this section, a confirmation | ||
election must be conducted as provided by the Election Code and | ||
Sections 36.017(b)-(h), Water Code. | ||
(d) If a majority of the votes cast at the election are in | ||
favor of confirming the district's creation, the temporary | ||
directors shall declare the district created. If a majority of the | ||
votes cast are not in favor of confirming the district's creation, | ||
the district's creation is not confirmed. The temporary directors | ||
shall file a copy of the election results with the commission. | ||
(e) 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 December | ||
31, 2016, the district is dissolved in accordance with Section | ||
8875.003. | ||
Sec. 8875.024. CONTINUATION OF TEMPORARY DIRECTORS. (a) | ||
If the creation of the district is confirmed at an election held | ||
under Section 8875.023, the temporary directors shall continue to | ||
serve as temporary directors until the uniform election date | ||
prescribed by Section 41.001, Election Code, in November of the | ||
first even-numbered year after the year in which the creation of the | ||
district is confirmed. | ||
(b) The term of a temporary director may not exceed four | ||
years. | ||
(c) If permanent directors have not been elected under | ||
Section 8875.025 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8875.025; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the temporary directors may | ||
submit a petition to the Comal County Commissioners Court | ||
requesting that the commissioners court appoint as successor | ||
temporary directors the five persons named in the petition. The | ||
commissioners court shall appoint as successor temporary directors | ||
the five persons named in the petition. | ||
Sec. 8875.025. INITIAL ELECTION OF PERMANENT DIRECTORS. | ||
(a) On the uniform election date prescribed by Section 41.001, | ||
Election Code, in November of the first even-numbered year after | ||
the year in which the creation of the district is confirmed under | ||
Section 8875.023, an election shall be held in the district for the | ||
election of five directors to replace the temporary directors who | ||
shall serve until that election. | ||
(b) The initial permanent directors shall draw lots to | ||
determine which three directors shall serve a four-year term and | ||
which two directors shall serve a two-year term. | ||
Sec. 8875.026. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires December 31, 2019. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8875.051. DIRECTORS; TERMS. (a) The district is | ||
governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. | ||
Sec. 8875.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS | ||
PRECINCTS. (a) The directors of the district shall be elected | ||
according to the commissioners precinct method as provided by this | ||
section. | ||
(b) One director shall be elected by the voters of the | ||
entire district, and one director shall be elected from each county | ||
commissioners precinct by the voters of that precinct. | ||
(c) Except as provided by Subsection (e), to be eligible to | ||
be a candidate for or to serve as director at large, a person must be | ||
a registered voter of the district. To be a candidate for or to | ||
serve as director from a county commissioners precinct, a person | ||
must be a registered voter of that precinct. | ||
(d) A person shall indicate on the application for a place | ||
on the ballot: | ||
(1) the precinct that the person seeks to represent; | ||
or | ||
(2) that the person seeks to represent the district at | ||
large. | ||
(e) When the boundaries of the county commissioners | ||
precincts are redrawn after each federal decennial census to | ||
reflect population changes, a director in office on the effective | ||
date of the change, or a director elected or appointed before the | ||
effective date of the change whose term of office begins on or after | ||
the effective date of the change, shall serve in the precinct to | ||
which elected or appointed even though the change in boundaries | ||
places the person's residence outside the precinct for which the | ||
person was elected or appointed. | ||
(f) After the first election held after the boundaries of | ||
the county commissioners precincts are redrawn, the directors | ||
elected shall draw lots to determine which three directors shall | ||
serve a four-year term and which two directors shall serve a | ||
two-year term. | ||
(g) A director may not serve more than two consecutive terms | ||
and may not serve for a total of more than 12 years. | ||
Sec. 8875.053. 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 November of each even-numbered year. | ||
Sec. 8875.054. VACANCIES. A vacancy on the board shall be | ||
filled by appointment of the board until the next regularly | ||
scheduled directors' election. The person appointed to fill the | ||
vacancy shall serve only for the remainder of the unexpired term. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8875.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. The district has the rights, powers, privileges, | ||
functions, 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. | ||
Sec. 8875.102. CONTRACTS. The district may contract with a | ||
state agency or political subdivision, including a county, a river | ||
authority, or another district, to carry out any function of the | ||
district. | ||
Sec. 8875.103. BEST MANAGEMENT PRACTICES. (a) The | ||
district may participate in the development and implementation of | ||
best management practices for water resource management in the | ||
district and may engage in and promote the acceptance of best | ||
management practices through education efforts sponsored by the | ||
district. | ||
(b) Development and implementation of best management | ||
practices must address water quantity and quality practices such as | ||
brush management, prescribed grazing, recharge structures, water | ||
and silt detention and retention structures, plugging of abandoned | ||
wells, rainwater harvesting, and other treatment measures for the | ||
conservation of water resources. | ||
(c) The district may not adopt or implement a best | ||
management practice that is in conflict with or duplicative of a | ||
best management practice adopted by a groundwater conservation | ||
district whose territory covers any part of Comal County. | ||
Sec. 8875.104. LIMITATIONS ON DISTRICT POWERS. (a) The | ||
district may not: | ||
(1) require the owner of a well used solely for | ||
domestic or livestock purposes to install a meter or measuring | ||
device on the well; | ||
(2) except as provided by Subdivision (3), and | ||
notwithstanding Section 36.122, Water Code, allow the sale, | ||
transport, or export of groundwater produced from a well inside the | ||
district to a person or location outside the district; | ||
(3) if the owner of a well with a certificate of public | ||
convenience and necessity obtains a permit from the district, | ||
prohibit the sale, transport, or export of groundwater produced | ||
from a well inside the district to a person located inside the | ||
territory covered by the well owner's certificate of public | ||
convenience and necessity; or | ||
(4) assess and collect a production fee on wells | ||
exempt from permitting. | ||
(b) The district does not have the authority granted by | ||
Sections 36.020 and 36.201-36.204, Water Code, relating to taxes. | ||
Sec. 8875.105. WELL EXEMPTION. Notwithstanding Section | ||
36.117(j), Water Code, a well drilled on or before the effective | ||
date of the Act enacting this chapter, for any purpose authorized | ||
under this chapter, is exempt from the requirement to obtain a | ||
withdrawal permit provided that the well: | ||
(1) is used solely for domestic use or for providing | ||
water for livestock or poultry regardless of land lot size and is | ||
drilled, completed, or equipped so that it is incapable of | ||
producing more than 25,000 gallons of groundwater a day; | ||
(2) is not capable of producing more than 10,000 | ||
gallons of water a day; or | ||
(3) is metered and does not produce more than 10 | ||
acre-feet of water in a calendar year. | ||
Sec. 8875.106. MEASURING DEVICES. (a) The owner of a | ||
nonexempt well shall install and maintain a water well meter, or | ||
alternative measuring device or method approved by the district, | ||
designed to indicate the flow rate and cumulative amount of water | ||
withdrawn by that well, on each individual well no later than 36 | ||
months after the effective date of the Act enacting this chapter. | ||
(b) A well owner is responsible for the costs of installing, | ||
operating, and maintaining measuring devices. | ||
Sec. 8875.107. NO EMINENT DOMAIN. The district may not | ||
exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8875.151. FEES. (a) The district may impose | ||
reasonable production fees only on each nonexempt well based on the | ||
amount of water actually withdrawn from the well. The district | ||
shall adopt any rules necessary for the assessment and collection | ||
of fees under this subsection. | ||
(b) The district may use money collected from fees: | ||
(1) in any manner necessary for the management and | ||
operation of the district; | ||
(2) to pay all or part of the principal of and interest | ||
on district bonds or notes; and | ||
(3) for any purpose consistent with the district's | ||
approved water management plan. | ||
(c) The production fee may not exceed $30 per acre-foot. | ||
(d) Not later than two years after the date on which the | ||
district is confirmed at an election, the directors of the district | ||
shall reconsider the production fee cap provided by Subsection (c) | ||
for the sole purpose of determining if decreasing the dollar amount | ||
of the production fee cap would more accurately reflect actual | ||
water use and actual expenses related to managing and operating the | ||
district. The district may set a lower production fee cap if the | ||
lower cap more accurately reflects the actual water use and actual | ||
expenses related to managing and operating the district. | ||
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, 2013. |