73R7258 MI-F
By Bosse H.B. No. 2209
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Harris-Galveston Coastal Subsidence District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The Water Code is amended by adding Title 5 to
1-5 read as follows:
1-6 TITLE 5. SPECIAL LAW DISTRICTS
1-7 CHAPTER 151. HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT
1-8 SUBCHAPTER A. GENERAL PROVISIONS
1-9 Sec. 151.001. CREATION. (a) The Harris-Galveston Coastal
1-10 Subsidence District is an underground water conservation district
1-11 created under and essential to accomplish the purposes of Article
1-12 XVI, Section 59, of the Texas Constitution.
1-13 (b) The district is a governmental agency and body politic
1-14 and corporate.
1-15 Sec. 151.002. DEFINITIONS. In this chapter:
1-16 (1) "Board" means the board of directors of the
1-17 district.
1-18 (2) "Commission" means the Texas Natural Resource
1-19 Conservation Commission.
1-20 (3) "District" means the Harris-Galveston Coastal
1-21 Subsidence District.
1-22 (4) "Drill" means drilling, equipping, or completing
1-23 wells or substantially altering the size of wells or well pumps.
1-24 (5) "Groundwater" means water located beneath the
2-1 earth's surface, but does not include water produced with oil in
2-2 the production of oil and gas.
2-3 (6) "Groundwater-withdrawal year" means the period
2-4 beginning January 1 of one year and ending December 31 of that same
2-5 year.
2-6 (7) "Subsidence" means the lowering in elevation of
2-7 the surface of land by the withdrawal of groundwater.
2-8 (8) "Water conservation" means any measure that seeks
2-9 to make a water supply available for alternative or future uses,
2-10 including best management practices, reduction in consumption,
2-11 reduction in loss or waste, improved efficiency or accountability,
2-12 recycling, reuse, or pollution prevention.
2-13 (9) "Well" means a facility, device, or method used to
2-14 withdraw groundwater from the groundwater supply within the
2-15 district.
2-16 (10) "Well owner" means a person who has an ownership
2-17 interest in a well, owns land on which a well is located, owns the
2-18 water withdrawn or to be withdrawn from a well, or operates a well.
2-19 (11) "Withdraw" means the act of extracting
2-20 groundwater by pumping or some other method.
2-21 Sec. 151.003. BOUNDARIES. (a) The district includes all of
2-22 the area located within the boundaries of Harris County and
2-23 Galveston County.
2-24 (b) Except as provided in this subsection, an adjoining
2-25 county may be added to the district on application of the
2-26 commissioners court of the adjoining county and by complying with
2-27 the procedures provided in Sections 55.730-55.744 of this code, to
3-1 the extent that those provisions are applicable. Any county added
3-2 to the district under this subsection is subject to the
3-3 jurisdiction of the board and this chapter, and two members shall
3-4 be added to the board. One shall be chosen by the commissioners
3-5 court of the county added to the district and one shall be chosen
3-6 by the mayor of the city that has the largest population in the
3-7 county that is added. The two new members shall draw lots to
3-8 establish staggered terms of office.
3-9 Sec. 151.004. PURPOSE AND INTENT; FINDING OF BENEFIT. (a)
3-10 The purpose of this chapter is to provide for the regulation of the
3-11 withdrawal of groundwater within the boundaries of the district for
3-12 the purpose of ending subsidence, which contributes to or
3-13 precipitates flooding, inundation, or overflow of the district,
3-14 including without limitation rising waters resulting from storms or
3-15 hurricanes.
3-16 (b) The legislature intends that the district shall
3-17 administer and enforce this chapter and shall exercise the
3-18 district's rights, powers, and duties in a manner that will
3-19 effectively and expeditiously accomplish the purposes of this
3-20 chapter.
3-21 (c) All of the land and other property included within the
3-22 boundaries of the district will be benefited by the works and
3-23 projects that are to be accomplished by the district under powers
3-24 conferred by Article XVI, Section 59, of the Texas Constitution.
3-25 The district is created to serve a public use and benefit.
3-26 Sec. 151.005. POWERS AND DUTIES IN GENERAL. (a) The
3-27 district has all of the rights, powers, privileges, authority,
4-1 functions, and duties provided by the general law of this state,
4-2 including Chapters 50 and 52 of this code, applicable to
4-3 underground water conservation districts created under Article XVI,
4-4 Section 59, of the Texas Constitution.
4-5 (b) Withdrawals of groundwater covered by this chapter are
4-6 subject to reasonable rules and orders adopted by the board, taking
4-7 into account all factors including availability of surface water,
4-8 economic impact on persons and the community, degree and effect of
4-9 subsidence on the surface of land, and differing topographical and
4-10 geophysical characteristics of land areas in the district. The
4-11 board has the powers and duties specifically described in this
4-12 chapter and all other powers necessary or convenient to carry out
4-13 its responsibilities and achieve the purpose of this chapter.
4-14 (c) Sections 52.1511, 52.156, 52.167, 52.168, 52.170, and
4-15 52.173 of this code and Subchapters B, C, H, I, J, and K of Chapter
4-16 52 of this code do not apply to the district.
4-17 (d) The district may not sell or distribute surface water or
4-18 groundwater for any purpose.
4-19 (e) This chapter prevails over any other law in conflict or
4-20 inconsistent with this chapter.
4-21 (Sections 151.006-151.030 reserved for expansion
4-22 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
4-23 Sec. 151.031. BOARD OF DIRECTORS. (a) The district is
4-24 governed by a board of directors composed of 17 members who serve
4-25 for two-year, staggered terms.
4-26 (b) The board consists of:
4-27 (1) six members from the city in the district having
5-1 the largest population of any city in the district, to be appointed
5-2 by the mayor of that city, one of these members to be a
5-3 representative of industry;
5-4 (2) one member from the city in the district having
5-5 the next largest population of any city in the district, to be
5-6 appointed by the mayor of that city;
5-7 (3) two members from all incorporated cities in
5-8 Galveston County, appointed by the mayors of those cities;
5-9 (4) one member from the city of Baytown, appointed by
5-10 the mayor of that city;
5-11 (5) two members appointed by the commissioners court
5-12 of Harris County, one to be a representative of agriculture and one
5-13 to be a representative of industry, provided that neither of these
5-14 members is a resident of the city in the district having the
5-15 largest population;
5-16 (6) two members appointed by the commissioners court
5-17 of Galveston County;
5-18 (7) one member from Harris County chosen by the mayors
5-19 of the cities of Deer Park, Galena Park, La Porte, Nassau Bay, and
5-20 Seabrook and the president of the Clear Lake City Water Authority;
5-21 (8) one member from Harris County chosen by the mayors
5-22 of the cities of West University Place, Southside Place, Bellaire,
5-23 and Jacinto City; and
5-24 (9) one member from Harris County chosen by the mayors
5-25 of the cities of Humble, Piney Point Village, Hedwig Village,
5-26 Bunker Hill Village, Hunters Creek Village, Hilshire Village, and
5-27 the village of Spring Valley.
6-1 (c) A member of the board must be a resident of and a
6-2 qualified voter in the district.
6-3 Sec. 151.032. OFFICERS. (a) Each year at the first meeting
6-4 after the new directors take office, the members shall select one
6-5 of their number to serve as chairman, one to serve as
6-6 vice-chairman, and one to serve as secretary.
6-7 (b) The chairman shall preside over meetings of the board,
6-8 and in the chairman's absence the vice-chairman shall preside.
6-9 Sec. 151.033. VACANCIES. If a vacancy occurs on the board,
6-10 a person representing the same area from which the person who
6-11 vacates the position is appointed shall be chosen by the person or
6-12 persons designated in Section 151.031(b) to serve the unexpired
6-13 term.
6-14 Sec. 151.034. MEETINGS. The board shall meet for a regular
6-15 meeting once each month at a time set by the board and may hold
6-16 special meetings at the call of the chairman or on the written
6-17 request of at least three members of the board.
6-18 Sec. 151.035. GENERAL MANAGER. (a) The board shall employ
6-19 a general manager as the chief administrative officer of the
6-20 district. The board may delegate to the general manager full
6-21 authority to manage and operate the affairs of the district subject
6-22 only to orders of the board.
6-23 (b) The duties of the general manager include:
6-24 (1) administering the orders of the board;
6-25 (2) coordination with state, federal, and local
6-26 agencies;
6-27 (3) overseeing development of district plans and
7-1 programs; and
7-2 (4) other duties assigned by the board.
7-3 (c) The board shall determine the terms of office and
7-4 employment and the compensation to be paid the general manager, and
7-5 the general manager may be discharged by a majority vote of the
7-6 board.
7-7 Sec. 151.036. EMPLOYEES; BOND. (a) The general manager
7-8 shall employ all persons necessary for the proper handling of the
7-9 business and operation of the district and may employ attorneys,
7-10 bookkeepers, engineers, and other expert and specialized personnel
7-11 considered necessary. The general manager shall determine
7-12 compensation to be paid by the district.
7-13 (b) The general manager may discharge employees of the
7-14 district.
7-15 (c) The board shall require an employee who collects, pays,
7-16 or handles funds of the district to furnish good and sufficient
7-17 bond, payable to the district, for a sufficient amount to safeguard
7-18 the district. The bond shall be conditioned on the faithful
7-19 performance of the employee's duties and on accounting for all
7-20 funds and property of the district in the employee's hands. The
7-21 district shall pay for the bond.
7-22 Sec. 151.037. SUITS. (a) The district may sue and be sued
7-23 in the courts of this state in the name of the district by and
7-24 through the board.
7-25 (b) The attorney general shall defend the district in suits
7-26 brought against the district in all district and appellate courts
7-27 of this state and in the courts of the United States.
8-1 (c) All courts shall take judicial notice of the creation of
8-2 the district and of its boundaries.
8-3 Sec. 151.038. ACCESS TO PROPERTY. (a) To carry out
8-4 technical and other investigations necessary to the implementation
8-5 of this chapter, the board and its agents and employees are
8-6 entitled to access to all property within the district.
8-7 (b) Before entering property for the purposes of this
8-8 section, the person seeking access shall give notice to the owner
8-9 of the property as provided by district rules and shall present
8-10 proper credentials.
8-11 (c) The board and its agents and employees who enter private
8-12 property shall observe the establishment's rules concerning safety,
8-13 internal security, and fire protection.
8-14 (Sections 151.039-151.070 reserved for expansion
8-15 SUBCHAPTER C. POWERS AND DUTIES
8-16 Sec. 151.071. RULES. (a) After notice and hearing, the
8-17 board shall adopt and enforce rules designed to expeditiously and
8-18 effectively implement this chapter and accomplish its purposes,
8-19 including rules governing procedure before the board.
8-20 (b) The board shall compile its rules in a book and make
8-21 them available for use and inspection at the district's principal
8-22 office.
8-23 Sec. 151.072. HEARINGS. (a) Board hearings shall be
8-24 conducted as provided by this section. Hearings are governed by
8-25 the open meetings law, Chapter 271, Acts of the 60th Legislature,
8-26 Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil
8-27 Statutes). Except as provided by this section, notice of hearings
9-1 shall be provided according to that law.
9-2 (b) At a regular meeting of the board, the board shall set
9-3 the dates, times, and locations for any hearings to be held under
9-4 this chapter and shall direct the general manager of the district
9-5 to give notice.
9-6 (c) Written notice of a hearing shall be given to each
9-7 county and municipal government in the district and to each person
9-8 that the board believes has an interest in the subject matter to be
9-9 dealt with at the hearing.
9-10 (d) Notice of a hearing shall be published at least once in
9-11 a newspaper of general circulation in each county in the district.
9-12 (e) A copy of the notice shall be posted at the county
9-13 courthouse of each county in the district in the place where
9-14 notices are usually posted.
9-15 (f) A person who desires to appear at a hearing and present
9-16 testimony, evidence, exhibits, or other information may do so in
9-17 person, by counsel, or both.
9-18 (g) The board may hold hearings at any location in the
9-19 district.
9-20 (h) The board may recess a hearing from day to day.
9-21 (i) The board may use hearing examiners to hear any subject
9-22 set for the hearing so long as the decision on that subject is the
9-23 decision of the board. Procedures for use of hearing examiners
9-24 shall be provided by rule.
9-25 Sec. 151.073. COMPELLING TESTIMONY, SWEARING WITNESSES, AND
9-26 SUBPOENAS. (a) The board may compel the testimony of any person
9-27 necessary to carry out its powers, duties, and functions under this
10-1 chapter and may administer oaths to persons compelled to testify
10-2 before the board or any person designated by the board.
10-3 (b) The board may issue subpoenas to compel the testimony of
10-4 any person and the production of any document necessary to carry
10-5 out the powers, duties, and functions under this chapter.
10-6 Sec. 151.074. DISTRICT PLAN. (a) The board shall formulate
10-7 a plan to control and prevent subsidence in the district. The plan
10-8 shall accomplish that purpose by reducing groundwater withdrawals
10-9 to amounts that will restore and maintain sufficient artesian
10-10 pressure to control and prevent subsidence.
10-11 (b) The plan shall specify in as much detail as practicable
10-12 the acts, procedures, performance, and avoidance that are necessary
10-13 to carry out the purposes of this chapter.
10-14 Sec. 151.075. PLANNING PROCEDURES. (a) Included in the
10-15 information to be gathered for formulation of the plan shall be:
10-16 (1) a list of all wells in the district that are
10-17 subject to regulation under this chapter;
10-18 (2) an accurate estimate of groundwater production
10-19 from all wells or proposed wells in the district;
10-20 (3) an accurate estimate of the amount of groundwater
10-21 that may be produced from each area in the district without causing
10-22 reduction of artesian pressure that will lead to subsidence in the
10-23 district;
10-24 (4) an accurate estimate of the current and future
10-25 water needs in the district;
10-26 (5) a list of all available sources of water, other
10-27 than groundwater, in the area of the district;
11-1 (6) the purposes for which the water is currently used
11-2 and for which it is proposed to be used in the future;
11-3 (7) information relating to formulation of a permit
11-4 system; and
11-5 (8) other necessary information and material to carry
11-6 out the management of groundwater in the district and to
11-7 effectively and expeditiously accomplish the purposes of this
11-8 chapter.
11-9 (b) Before the plan is adopted, the board shall hold a
11-10 hearing to consider the proposed plan.
11-11 (c) After the hearing, the board shall make any changes it
11-12 considers necessary according to evidence and material presented at
11-13 the hearing and shall adopt the plan.
11-14 (d) The plan adopted under this section may be amended or
11-15 repealed and a new plan adopted as provided in this section for the
11-16 adoption of the original plan. A plan, once adopted, remains in
11-17 effect until the adoption of a new plan.
11-18 Sec. 151.076. BOARD INVESTIGATIONS. At least once each year
11-19 and at any other time that the board considers necessary, the board
11-20 shall have its staff and the staff of the Texas Water Development
11-21 Board, if necessary, make a complete study of the groundwater
11-22 situation in the district and determine the water level, rates of
11-23 withdrawal, amounts of withdrawal, and other information relating
11-24 to the withdrawal of groundwater that may effect the subsidence of
11-25 land in the district.
11-26 Sec. 151.077. ANNUAL GROUNDWATER-WITHDRAWAL DETERMINATION.
11-27 (a) On or before March 31 of each year, the board shall hold a
12-1 hearing to determine the effects of groundwater withdrawal during
12-2 the preceding groundwater-withdrawal year on the subsidence of land
12-3 within the district.
12-4 (b) At the hearing, the board shall consider information
12-5 developed under Sections 151.127 and 151.076 of this code in
12-6 addition to information represented by persons appearing before the
12-7 board.
12-8 (c) After the hearing, the board shall consider all
12-9 information presented to it, shall make determinations of
12-10 groundwater withdrawal in the district during the immediately
12-11 preceding groundwater-withdrawal year, and shall make findings of
12-12 the effects of groundwater withdrawal during that
12-13 groundwater-withdrawal year on the subsidence of land in the
12-14 district. Those findings and determinations shall be included in a
12-15 report adopted by the board and shall be made available for
12-16 examination by any interested persons.
12-17 Sec. 151.078. REGULATION OF SPACING AND PRODUCTION. (a) To
12-18 minimize as far as practicable the drawdown of the water table and
12-19 the reduction of artesian pressure and to control and prevent
12-20 subsidence, the board may provide for the spacing of wells and may
12-21 regulate the production of groundwater from the wells, taking into
12-22 consideration, among other relevant factors, the economic impact on
12-23 well owners and the resulting effect on subsidence.
12-24 (b) Before issuing an order or rule under this section, the
12-25 board shall set a hearing on the proposed order or rule and shall
12-26 issue notice of the hearing.
12-27 Sec. 151.079. WATER CONSERVATION MEASURES. The board may
13-1 adopt rules requiring the use of water conservation measures as a
13-2 means to reduce groundwater withdrawals. The district may also
13-3 cooperate with the commission and any local government to establish
13-4 water conservation goals, guidelines, and plans to be used within
13-5 the district. The district may contract with any local government
13-6 in the district to provide services necessary to meet water
13-7 conservation requirements established by the commission.
13-8 Sec. 151.080. REQUIRING WATER-METERING DEVICES. The board
13-9 may require water-metering devices to be placed on wells.
13-10 Sec. 151.081. MONITORING AND SUPERVISION BY DISTRICT. The
13-11 district may use subsidence compaction monitors, water-level
13-12 observation wells, and other materials and equipment to determine
13-13 the amount of groundwater that may be produced while at the same
13-14 time allowing the rebound and stabilization of groundwater to a
13-15 level that will halt subsidence.
13-16 Sec. 151.082. RESEARCH AND STUDIES. The district may
13-17 conduct any studies and research that the board considers necessary
13-18 to implement this chapter. The district may use the services of
13-19 geologists, hydrologists, registered professional engineers, or
13-20 other expert personnel to accomplish the purposes of this section.
13-21 Sec. 151.083. COOPERATION WITH AND ASSISTANCE OF OTHER
13-22 GOVERNMENTAL ENTITIES; GRANTS. (a) The board may cooperate with
13-23 and request the assistance of local governments and any agency of
13-24 the state or of the United States in implementing this chapter.
13-25 (b) The district may make or accept grants, gratuities,
13-26 advances, or loans in any form to or from any public source
13-27 approved by the board, including any governmental entity, and may
14-1 enter into contracts, agreements, and covenants that the board
14-2 considers appropriate in connection with grants, gratuities,
14-3 advances, or loans.
14-4 Sec. 151.084. EXCLUSIONS. (a) The regulatory provisions of
14-5 this chapter do not apply to:
14-6 (1) wells regulated under Chapter 27 of this code;
14-7 (2) other wells as provided in the rules of the
14-8 district; and
14-9 (3) wells with a casing diameter of less than five
14-10 inches that serve a single-family dwelling.
14-11 (b) The board by rule may require the registration of any
14-12 well in the district.
14-13 (Sections 151.085-151.120 reserved for expansion
14-14 SUBCHAPTER D. PERMITS
14-15 Sec. 151.121. PERMIT REQUIREMENT. Before a well may be
14-16 drilled or operated within the boundaries of the district the owner
14-17 or operator of the well must obtain a permit from the board.
14-18 Sec. 151.122. TERM OF PERMIT. (a) A permit issued under
14-19 this chapter may be for a term of up to five years as set by the
14-20 board.
14-21 (b) A permit does not become a vested right in the holder.
14-22 A permit may be revoked or suspended or its terms may be modified
14-23 or amended after notice and hearing whenever reasonably necessary
14-24 to accomplish the purposes of this chapter.
14-25 Sec. 151.123. RENEWAL OF PERMIT. A permit for a well may be
14-26 renewed by the board in the manner provided for obtaining the
14-27 original permit.
15-1 Sec. 151.124. APPLICATION FOR PERMIT. (a) A person who
15-2 desires to obtain a permit under this chapter shall submit to the
15-3 board an application.
15-4 (b) The application must state:
15-5 (1) the name of the person requesting the permit;
15-6 (2) the address of the person requesting the permit;
15-7 (3) the location and wellhead elevation of the well or
15-8 proposed well;
15-9 (4) the amount of water being produced or proposed to
15-10 be produced; and
15-11 (5) any other information necessary for the board to
15-12 control and prevent subsidence in the district.
15-13 (c) The application shall be accompanied by a reasonable
15-14 application fee to be used for processing the application, the
15-15 amount of which shall be set by the board.
15-16 Sec. 151.125. NOTICE AND HEARING ON PERMIT. (a) On
15-17 receiving an application for a permit, the board shall issue notice
15-18 and set a time for a hearing on the application.
15-19 (b) Notice of the date, time, and location of the hearing
15-20 shall be given by the board to the applicant by certified mail,
15-21 return receipt requested, and in accordance with the open meetings
15-22 law, Chapter 271, Acts of the 60th Legislature, Regular Session,
15-23 1967 (Article 6252-17, Vernon's Texas Civil Statutes).
15-24 (c) The board may consider as many applications for permits
15-25 as it thinks necessary at any one hearing.
15-26 Sec. 151.126. DECISION AND ISSUANCE OF A PERMIT. (a)
15-27 Within a reasonable period after the hearing, but not later than
16-1 the 60th day after the date of the hearing, the board shall decide
16-2 whether or not to issue a permit and, if the decision is to issue
16-3 the permit, shall formulate the terms of the permit.
16-4 (b) In deciding whether or not to issue a permit and in
16-5 setting the terms of the permit, the board shall consider, along
16-6 with the purpose of this chapter and all other relevant factors:
16-7 (1) the district plan;
16-8 (2) the quality, quantity, and availability of surface
16-9 water at prices competitive with those charged by suppliers of
16-10 surface water in the district;
16-11 (3) the economic impact on the applicant from grant or
16-12 denial of the permit, or the terms prescribed by a permit, in
16-13 relation to the effect on subsidence that would result; and
16-14 (4) the applicant's use of water conservation
16-15 measures.
16-16 (c) The board shall grant a permit to an applicant if the
16-17 board finds, on presentation of adequate proof, that there is no
16-18 other adequate and available substitute or supplemental source of
16-19 surface waters at prices competitive with those charged by
16-20 suppliers of surface water in the district and that compliance with
16-21 any provision of this chapter or any district rule will result in
16-22 an arbitrary taking of property or in the practical closing and
16-23 elimination of any lawful business, occupation, or activity without
16-24 sufficient corresponding benefit or advantage to the people.
16-25 (d) If the board decides to issue the permit, the permit
16-26 shall be issued to the applicant stating the terms prescribed by
16-27 the board.
17-1 (e) The permit shall include:
17-2 (1) the name and address of the person to whom the
17-3 permit is issued;
17-4 (2) the location of the well;
17-5 (3) the date the permit is to expire;
17-6 (4) conditions and restrictions placed on the
17-7 withdrawal of groundwater; and
17-8 (5) other terms and conditions necessary to control
17-9 and prevent subsidence.
17-10 (f) The board may not require a city with a population of
17-11 less than 100,000 to reduce its groundwater withdrawal by more than
17-12 50 percent in any three-year period if the city or its residents
17-13 would face a hardship by that reduction. The board shall determine
17-14 in public hearing whether or not the reduction would constitute a
17-15 hardship to the city or its residents. In this subsection,
17-16 "hardship" means any reduction in groundwater withdrawal that
17-17 would:
17-18 (1) cause the city to have an inadequate supply of
17-19 water for its residents; or
17-20 (2) cause an increase of 50 percent or more in water
17-21 rates for the city or its residents.
17-22 Sec. 151.127. ANNUAL REPORTS. Before January 31 of each
17-23 year, each owner of a well who holds a permit under this chapter
17-24 shall submit to the board a report stating:
17-25 (1) the name of the owner of the well;
17-26 (2) the total amount of groundwater produced by the
17-27 well during the immediately preceding 12-month period;
18-1 (3) the total amount of groundwater produced by the
18-2 well during each separate month of the immediately preceding
18-3 12-month period;
18-4 (4) the purpose for which the groundwater was used;
18-5 and
18-6 (5) any other information considered necessary by the
18-7 board.
18-8 Sec. 151.128. PERMIT FEE. (a) At the time of issuance or
18-9 renewal of a permit, the board shall collect from the applicant a
18-10 permit fee, established by a schedule based on the term of the
18-11 permit and the maximum annual amount of groundwater authorized by
18-12 the board to be withdrawn from the well.
18-13 (b) The rate of the fee to be collected by the board under
18-14 this section shall be determined by the board after a hearing. The
18-15 rate of the fee may not exceed 110 percent of the highest rate
18-16 charged by the city of Houston for surface water supplied to its
18-17 customers in the district.
18-18 (c) The rate of the permit fee applicable to any well used
18-19 for the irrigation of agricultural crops shall be the lowest of:
18-20 (1) 70 percent of the lowest rate established under
18-21 Subsection (b) of this section;
18-22 (2) 70 percent of one cent for each thousand gallons
18-23 authorized to be withdrawn, provided that the board may adjust the
18-24 one cent for each thousand gallons each year after 1992 to account
18-25 for increases, if any, in the most recently published Consumer
18-26 Price Index for All Urban Consumers (Houston, Texas, Average), as
18-27 determined by the United States Department of Labor, Bureau of
19-1 Labor Statistics, for All Items; or
19-2 (3) the rate established in accordance with Subsection
19-3 (d) of this section.
19-4 (d) Using information prepared by the United States
19-5 Geological Survey, which shall be presumed correct, the board, at a
19-6 hearing held in accordance with Section 151.072 of this code, shall
19-7 calculate and determine the difference between water wells pumped
19-8 for irrigation of agricultural crops and water wells pumped for
19-9 other purposes in terms of their relative contribution to
19-10 subsidence, expressed as a percentage. The rate of the fee for
19-11 wells used for irrigation of agricultural crops shall be sufficient
19-12 for the total of those fees to contribute to the fee revenue of the
19-13 district the same percentage as the agricultural use contributes to
19-14 subsidence.
19-15 (e) The funds obtained from the permit fees collected under
19-16 this section shall be used to cover the costs of the board in
19-17 issuing permits and performing other regulatory functions of the
19-18 district.
19-19 Sec. 151.129. LIMITATIONS ON CONVERSION TO SURFACE WATER.
19-20 (a) The board may not issue an order requiring a person to
19-21 completely or partially discontinue the use of groundwater unless
19-22 the person is able to acquire a water supply that is composed of
19-23 surface water needed to replace the water supply covered by the
19-24 order. This section does not limit the board's authority to issue
19-25 orders and rules requiring a person to reduce groundwater use by
19-26 eliminating waste or implementing water conservation.
19-27 (b) If the person covered by an order under this section
20-1 acquires an alternative water supply to fulfill the needs created
20-2 by the board's order under this section and files with the
20-3 commission a written request for monitoring of the alternative
20-4 supply, the commission shall monitor annually from the date of
20-5 request to the expiration of the annual permit the water delivered
20-6 to the person covered by the order to determine the percentage of
20-7 that water that is surface water and the percentage of that water
20-8 that is groundwater.
20-9 (c) The water deliveries must be monitored at random times
20-10 at all points of connection between the purchaser's and seller's
20-11 water systems. Samples taken through monitoring must be analyzed
20-12 by water chemists employed by or contracting with the commission.
20-13 The water chemist making each analysis shall issue a certified
20-14 written analysis of the percentages of surface water and
20-15 groundwater included in the sample.
20-16 (d) Not later than the 15th day after the last day of each
20-17 permit year, the commission shall issue an annual certified written
20-18 analysis based on all of the samples collected that will state the
20-19 annual average percentage of surface water and the annual average
20-20 percentage of groundwater provided to the purchaser by the seller
20-21 for that permit year. In addition to the percentage of groundwater
20-22 authorized to be used by the board's order, the person may use in
20-23 the current permit year an additional percentage of groundwater
20-24 that is equal to a percentage derived by multiplying the annual
20-25 average percentage of groundwater delivered to that person during
20-26 the preceding permit year by the total percentage of alternative
20-27 water supply mandated by the board's order for the current year.
21-1 (e) The commission shall assess reasonable fees to cover the
21-2 costs of the water sampling and analysis, one-half to the water
21-3 purchaser and one-half to the water seller. On request, the
21-4 commission shall make results of the analysis available to the
21-5 purchaser, the seller, or the board.
21-6 (f) In this section, "alternative water supply" means a
21-7 water supply that it is necessary for the person to acquire from
21-8 sources other than the person's own groundwater supply to comply
21-9 with the board's order.
21-10 (Sections 151.130-151.160 reserved for expansion
21-11 SUBCHAPTER E. APPEALS; PENALTIES
21-12 Sec. 151.161. APPEAL OF SURFACE WATER RATES. If a person
21-13 required to convert to surface water purchases that water supply
21-14 wholesale from a political subdivision as defined by Section
21-15 12.013(b) of this code, the rates charged by the political
21-16 subdivision to that person may be appealed to the commission under
21-17 Chapter 12 of this code, and the rules adopted under that chapter
21-18 apply to appeals under this section. The commission shall convene
21-19 the hearing on the appeal not later than the 180th day after the
21-20 date on which the appeal is filed with the commission and shall
21-21 render a final decision on the appeal not later than the 60th day
21-22 following the date on which the hearing ends.
21-23 Sec. 151.162. APPEAL OF DISTRICT ACTIONS. (a) A rule,
21-24 order, or other official action of the district under this chapter
21-25 may be appealed to a district court in any county in the district
21-26 by a person who is adversely affected. An appeal under this
21-27 section must be filed within 45 days after the rule, order, or
22-1 other official action appealed from is adopted or taken.
22-2 (b) On written request of a person residing in or owning
22-3 real property in the district, the board shall make written
22-4 findings and conclusions with respect to a rule, order, or other
22-5 official action of the district and provide certified copies of
22-6 those findings and conclusions to the requesting person not later
22-7 than the 35th day after the date on which the board received the
22-8 written request.
22-9 (c) The review on appeal under this section is governed by
22-10 the substantial evidence rule as defined by Section 19(e),
22-11 Administrative Procedure and Texas Register Act (Article 6252-13a,
22-12 Vernon's Texas Civil Statutes).
22-13 (d) For purposes of this section, "a person who is adversely
22-14 affected" includes a person residing in or owning real property in
22-15 the district whose residence or real property is subsiding.
22-16 Sec. 151.163. APPEAL OF CERTAIN DISTRICT ACTIONS TO THE
22-17 COMMISSION. (a) As an alternative to the appeal provided in
22-18 Section 151.162 of this code, a person who is granted a permit
22-19 authorizing withdrawal of groundwater in an amount less than
22-20 requested by that person may appeal the board's final decision to
22-21 the commission. The appeal shall be filed not later than the 60th
22-22 day after the date on which the board issues its final order. A
22-23 person shall be informed in the notice of public hearing when an
22-24 order to convert to surface water is to be considered.
22-25 (b) On written request of the person proposing to appeal an
22-26 order under this section, the board shall make written findings and
22-27 conclusions with respect to the order and shall provide certified
23-1 copies of the findings and conclusions to the requesting person not
23-2 later than the 35th day after the date on which the board received
23-3 the written request.
23-4 (c) The effect of a board order is stayed until the decision
23-5 of the commission in an appeal under this section is final.
23-6 (d) The review on appeal by the commission under this
23-7 section is governed by the substantial evidence rule as defined by
23-8 Section 19(e), Administrative Procedure and Texas Register Act
23-9 (Article 6252-13a, Vernon's Texas Civil Statutes).
23-10 (e) The commission may adopt necessary rules to carry out
23-11 this section.
23-12 (f) An appeal from a final decision of the commission is to
23-13 a district court in Travis County. Any party to the proceedings
23-14 before the commission may appeal a decision of the district court
23-15 in the manner provided for other civil actions, but a party
23-16 appealing a decision of a district court is not required to provide
23-17 an appeal bond.
23-18 (g) The review of a commission order on appeal shall be
23-19 under the substantial evidence rule.
23-20 (h) Under this section, the commission may adopt and assess
23-21 reasonable and necessary fees adequate to recover the costs of the
23-22 commission in administering this section.
23-23 Sec. 151.164. PENALTIES. (a) If it appears that a person
23-24 has violated or is violating or threatening to violate this
23-25 chapter, or any rule, permit, or other order of the district issued
23-26 or adopted under this chapter, the district may file a civil suit
23-27 in a district court in the district for:
24-1 (1) injunctive relief to restrain the person from
24-2 continuing the violation or threat of violation;
24-3 (2) the assessment and recovery of a civil penalty of
24-4 not less than $50 nor more than $5,000 for each violation and for
24-5 each day of violation; or
24-6 (3) both injunctive relief and civil penalties.
24-7 (b) On application for injunctive relief and a finding that
24-8 a person is violating or threatening to violate a provision of this
24-9 chapter or a rule, permit, or other order of the district under
24-10 this chapter, the district court shall grant any injunctive relief
24-11 the facts may warrant.
24-12 (c) At the request of the board, or the general manager if
24-13 authorized by the board, the attorney general shall institute and
24-14 conduct a suit in the name of the district for injunctive relief or
24-15 to recover a civil penalty or for both injunctive relief and
24-16 penalty as authorized by this section.
24-17 (d) The district is not required to post bond or other
24-18 security with the court.
24-19 SECTION 2. The following acts are repealed:
24-20 (1) Chapter 284, Acts of the 64th Legislature, Regular
24-21 Session, 1975;
24-22 (2) Chapter 557, Acts of the 65th Legislature, Regular
24-23 Session, 1977; and
24-24 (3) Chapter 1107, Acts of the 70th Legislature,
24-25 Regular Session, 1987.
24-26 SECTION 3. (a) If an Act amending and consolidating the
24-27 laws relating to conservation and reclamation districts is passed
25-1 by the 73rd Legislature, Regular Session, 1993, and finally becomes
25-2 law:
25-3 (1) a reference in Section 151.003(b), Water Code, as
25-4 added by this Act, to Sections 55.730-55.744, Water Code, is a
25-5 reference to Subchapter I, Chapter 49, Water Code; and
25-6 (2) a reference in Section 151.005(a), Water Code, as
25-7 added by this Act, to Chapter 50, Water Code, is a reference to
25-8 Chapter 49, Water Code.
25-9 (b) If an Act described by Subsection (a) of this section
25-10 does not become law, this section has no effect.
25-11 SECTION 4. The powers, duties, rights, and obligations of
25-12 the Texas Natural Resource Conservation Commission under this Act
25-13 are the powers, duties, rights, and obligations of the Texas Water
25-14 Commission or its successor if:
25-15 (1) the change in name of the Texas Water Commission
25-16 to the Texas Natural Resource Conservation Commission does not take
25-17 effect as provided by Section 1.085, Chapter 3, Acts of the 72nd
25-18 Legislature, 1st Called Session, 1991;
25-19 (2) the transfer of the powers, duties, rights, and
25-20 obligations of the Texas Water Commission to the Texas Natural
25-21 Resource Conservation Commission does not take effect as provided
25-22 by Chapter 3, Acts of the 72nd Legislature, 1st Called Session,
25-23 1991; or
25-24 (3) the 73rd Legislature does not pass an Act that
25-25 becomes law and provides for the transfer of certain powers,
25-26 duties, rights, and obligations of the Texas Water Commission to
25-27 the Texas Natural Resource Conservation Commission on or before
26-1 September 1, 1993.
26-2 SECTION 5. This Act takes effect September 1, 1993.
26-3 SECTION 6. The importance of this legislation and the
26-4 crowded condition of the calendars in both houses create an
26-5 emergency and an imperative public necessity that the
26-6 constitutional rule requiring bills to be read on three several
26-7 days in each house be suspended, and this rule is hereby suspended.