H.B. No. 2209 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means a person who has an ownership 2-17 interest in a well, owns land on which a well is located, owns the 2-18 water withdrawn or to be withdrawn from a well, or operates a well. 2-19 (11) "Withdraw" means the act of extracting 2-20 groundwater by pumping or some other method. 2-21 Sec. 151.003.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.