By: Zaffirini S.B. No. 2570

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Webb County Groundwater Conservation District; providing authority to impose fees.

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 8889 to read as follows:

CHAPTER 8889. WEBB COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8889.0101. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Commissioners court" means the Webb County Commissioners Court.

(3) "Director" means a member of the board.

(4) "District" means the Webb County Groundwater Conservation District.

Sec. 8889.0102. NATURE OF DISTRICT. The district is a groundwater conservation district in Webb County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 8889.0103. 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. 8889.0104. DISTRICT TERRITORY. The district's boundaries are coextensive with the boundaries of the Legacy Water Control and Improvement District, as described by the Webb County Commissioners Court Order No. 05-09-2022-23, unless the district's territory has been modified under:

(1) Subchapter J or K, Chapter 36, Water Code; or

(2) other law.

Sec. 8889.0105. CONFIRMATION ELECTION. (a) The temporary directors appointed under Section 8889.0202 shall hold an election 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 Sections 36.017(b)-(i), Water Code, and the Election Code. The provision of Section 36.017(d), Water Code, relating to the election of directors does not apply to an election under this section.

(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, 2025, the district is dissolved in accordance with Section 8889.0106.

(e) The costs of an election held under this chapter may be paid by Webb County.

(f) If the creation of the district is not confirmed at a confirmation election held before September 1, 2025:

(1) the district is dissolved on September 1, 2025, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be transferred to Webb 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 September 1, 2027.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8889.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of six elected directors.

(b) Directors serve staggered four-year terms.

(c) At the first meeting of the board that follows the initial election of the directors, the six directors shall draw lots to determine which three directors shall serve a term of two years and which three directors shall serve a term of four years.

Sec. 8889.0202. TEMPORARY DIRECTORS. (a) The commissioners court shall appoint temporary directors as follows:

(1) one director appointed to represent a water supply corporation in the county;

(2) one director appointed to represent municipal interests in the county; and

(3) four directors appointed with one director from each of the four commissioners court precincts.

(b) To be appointed under this section, a person:

(1) to the extent practicable, must be familiar with the use of water by industry and commerce, municipal and rural utilities, agriculture, and private wells; and

(2) must meet the qualifications of a director appointed or elected under Chapter 36, Water Code.

(c) Temporary directors serve until the date permanent directors are elected under Section 8889.0203.

Sec. 8889.0203. ELECTION DATE. (a) The board shall hold the initial election of directors as provided by Section 36.059, Water Code, on the next uniform election date after the date the creation of the district is confirmed under Section 8889.0105.

(b) The district shall hold subsequent elections to elect three directors to the board on a uniform election date in each even-numbered year.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8889.0301. 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. 8889.0302. PROTECTION OF GROUNDWATER QUALITY. (a) To the extent authorized by law, the district may participate in the regulation of the disposal of waste into an aquifer in Webb County, including the Carrizo-Wilcox Aquifer.

(b) In response to an application filed with a state agency to dispose of waste that could affect the water quality of the Carrizo-Wilcox Aquifer within Webb County, the state agency shall provide the district with notice of the application and give the district the opportunity to participate in any hearings on the application.

Sec. 8889.0303. LIMITATION ON TAXES. The district may not impose a tax in the district.

Sec. 8889.0304. FEES. The district may assess a fee as authorized by Section 36.205, Water Code.

Sec. 8889.0305. NO EMINENT DOMAIN. The district may not exercise the power of eminent domain.

SECTION 2. Not later than December 31, 2023, the Webb County Commissioners Court shall appoint the temporary directors of the Webb County Groundwater Conservation District as provided by Section 8889.0202, Special District Local Laws Code, as added by this Act.

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. 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, 2023.