By: Bosse H.B. No. 2209 73R5099 MI-F 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) "District" means the Harris-Galveston Coastal 1-19 Subsidence District. 1-20 (3) "Drill" means drilling, equipping, or completing 1-21 wells or substantially altering the size of wells or well pumps. 1-22 (4) "Groundwater" means water located beneath the 1-23 earth's surface, but does not include water produced with oil in 1-24 the production of oil and gas. 2-1 (5) "Groundwater-withdrawal year" means the period 2-2 beginning January 1 of one year and ending December 31 of that same 2-3 year. 2-4 (6) "Subsidence" means the lowering in elevation of 2-5 the surface of land by the withdrawal of groundwater. 2-6 (7) "Water conservation" means any measure that seeks 2-7 to make a water supply available for alternative or future uses, 2-8 including best management practices, reduction in consumption, 2-9 reduction in loss or waste, improved efficiency or accountability, 2-10 recycling, reuse, or pollution prevention. 2-11 (8) "Well" means a facility, device, or method used to 2-12 withdraw groundwater from the groundwater supply within the 2-13 district. 2-14 (9) "Well owner" means a person who has an ownership 2-15 interest in a well, owns land on which a well is located, owns the 2-16 water withdrawn or to be withdrawn from a well, or operates a well. 2-17 (10) "Withdraw" means the act of extracting 2-18 groundwater by pumping or some other method. 2-19 Sec. 151.003. BOUNDARIES. (a) The district includes all of 2-20 the area located within the boundaries of Harris County and 2-21 Galveston County. 2-22 (b) Except as provided in this subsection, an adjoining 2-23 county may be added to the district on application of the 2-24 commissioners court of the adjoining county and by complying with 2-25 the procedures provided in Sections 55.730-55.744 of this code, to 2-26 the extent that those provisions are applicable. Any county added 2-27 to the district under this subsection is subject to the 3-1 jurisdiction of the board and this chapter, and two members shall 3-2 be added to the board. One shall be chosen by the commissioners 3-3 court of the county added to the district and one shall be chosen 3-4 by the mayor of the city that has the largest population in the 3-5 county that is added. The two new members shall draw lots to 3-6 establish staggered terms of office. 3-7 Sec. 151.004. PURPOSE AND INTENT; FINDING OF BENEFIT. (a) 3-8 The purpose of this chapter is to provide for the regulation of the 3-9 withdrawal of groundwater within the boundaries of the district for 3-10 the purpose of ending subsidence, which contributes to or 3-11 precipitates flooding, inundation, or overflow of the district, 3-12 including without limitation rising waters resulting from storms or 3-13 hurricanes. 3-14 (b) The legislature intends that the district shall 3-15 administer and enforce this chapter and shall exercise the 3-16 district's rights, powers, and duties in a manner that will 3-17 effectively and expeditiously accomplish the purposes of this 3-18 chapter. 3-19 (c) All of the land and other property included within the 3-20 boundaries of the district will be benefited by the works and 3-21 projects that are to be accomplished by the district under powers 3-22 conferred by Article XVI, Section 59, of the Texas Constitution. 3-23 The district is created to serve a public use and benefit. 3-24 Sec. 151.005. POWERS AND DUTIES IN GENERAL. (a) The 3-25 district has all of the rights, powers, privileges, authority, 3-26 functions, and duties provided by the general law of this state, 3-27 including Chapters 50 and 52 of this code, applicable to 4-1 underground water conservation districts created under Article XVI, 4-2 Section 59, of the Texas Constitution. 4-3 (b) Withdrawals of groundwater covered by this chapter are 4-4 subject to reasonable rules and orders adopted by the board, taking 4-5 into account all factors including availability of surface water, 4-6 economic impact on persons and the community, degree and effect of 4-7 subsidence on the surface of land, and differing topographical and 4-8 geophysical characteristics of land areas in the district. The 4-9 board has the powers and duties specifically described in this 4-10 chapter and all other powers necessary or convenient to carry out 4-11 its responsibilities and achieve the purpose of this chapter. 4-12 (c) Sections 52.1511, 52.156, 52.167, 52.168, 52.170, and 4-13 52.173 of this code and Subchapters B, C, H, I, J, and K of Chapter 4-14 52 of this code do not apply to the district. 4-15 (d) The district may not sell or distribute surface water or 4-16 groundwater for any purpose. 4-17 (e) This chapter prevails over any other law in conflict or 4-18 inconsistent with this chapter. 4-19 (Sections 151.006-151.030 reserved for expansion 4-20 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS 4-21 Sec. 151.031. BOARD OF DIRECTORS. (a) The district is 4-22 governed by a board of directors composed of 17 members who serve 4-23 for two-year, staggered terms. 4-24 (b) The board consists of: 4-25 (1) six members from the city in the district having 4-26 the largest population of any city in the district, to be appointed 4-27 by the mayor of that city, one of these members to be a 5-1 representative of industry; 5-2 (2) one member from the city in the district having 5-3 the next largest population of any city in the district, to be 5-4 appointed by the mayor of that city; 5-5 (3) two members from all incorporated cities in 5-6 Galveston County, appointed by the mayors of those cities; 5-7 (4) one member from the city of Baytown, appointed by 5-8 the mayor of that city; 5-9 (5) two members appointed by the commissioners court 5-10 of Harris County, one to be a representative of agriculture and one 5-11 to be a representative of industry, provided that neither of these 5-12 members is a resident of the city in the district having the 5-13 largest population; 5-14 (6) two members appointed by the commissioners court 5-15 of Galveston County; 5-16 (7) one member from Harris County chosen by the mayors 5-17 of the cities of Deer Park, Galena Park, La Porte, Nassau Bay, and 5-18 Seabrook and the president of the Clear Lake City Water Authority; 5-19 (8) one member from Harris County chosen by the mayors 5-20 of the cities of West University Place, Southside Place, Bellaire, 5-21 and Jacinto City; and 5-22 (9) one member from Harris County chosen by the mayors 5-23 of the cities of Humble, Piney Point Village, Hedwig Village, 5-24 Bunker Hill Village, Hunter's Creek Village, Hilshire Village, and 5-25 the village of Spring Valley. 5-26 (c) A member of the board must be a resident of and a 5-27 qualified voter in the district. 6-1 Sec. 151.032. OFFICERS. (a) Each year at the first meeting 6-2 after the new directors take office, the members shall select one 6-3 of their number to serve as chairman, one to serve as 6-4 vice-chairman, and one to serve as secretary. 6-5 (b) The chairman shall preside over meetings of the board, 6-6 and in the chairman's absence the vice-chairman shall preside. 6-7 Sec. 151.033. VACANCIES. If a vacancy occurs on the board, 6-8 a person representing the same area from which the person who 6-9 vacates the position is appointed shall be chosen by the person or 6-10 persons designated in Section 151.031(b) to serve the unexpired 6-11 term. 6-12 Sec. 151.034. MEETINGS. The board shall meet for a regular 6-13 meeting once each month at a time set by the board and may hold 6-14 special meetings at the call of the chairman or on the written 6-15 request of at least three members of the board. 6-16 Sec. 151.035. GENERAL MANAGER. (a) The board shall employ 6-17 a general manager as the chief administrative officer of the 6-18 district. The board may delegate to the general manager full 6-19 authority to manage and operate the affairs of the district subject 6-20 only to orders of the board. 6-21 (b) The duties of the general manager include: 6-22 (1) administering the orders of the board; 6-23 (2) coordination with state, federal, and local 6-24 agencies; 6-25 (3) overseeing development of district plans and 6-26 programs; and 6-27 (4) other duties assigned by the board. 7-1 (c) The board shall determine the terms of office and 7-2 employment and the compensation to be paid the general manager, and 7-3 the general manager may be discharged by a majority vote of the 7-4 board. 7-5 Sec. 151.036. EMPLOYEES; BOND. (a) The general manager 7-6 shall employ all persons necessary for the proper handling of the 7-7 business and operation of the district and may employ attorneys, 7-8 bookkeepers, engineers, and other expert and specialized personnel 7-9 considered necessary. The general manager shall determine 7-10 compensation to be paid by the district. 7-11 (b) The general manager may discharge employees of the 7-12 district. 7-13 (c) The board shall require an employee who collects, pays, 7-14 or handles funds of the district to furnish good and sufficient 7-15 bond, payable to the district, for a sufficient amount to safeguard 7-16 the district. The bond shall be conditioned on the faithful 7-17 performance of the employee's duties and on accounting for all 7-18 funds and property of the district in the employee's hands. The 7-19 district shall pay for the bond. 7-20 Sec. 151.037. SUITS. (a) The district may sue and be sued 7-21 in the courts of this state in the name of the district by and 7-22 through the board. 7-23 (b) The attorney general shall defend the district in suits 7-24 brought against the district in all district and appellate courts 7-25 of this state and in the courts of the United States. 7-26 (c) All courts shall take judicial notice of the creation of 7-27 the district and of its boundaries. 8-1 Sec. 151.038. ACCESS TO PROPERTY. (a) To carry out 8-2 technical and other investigations necessary to the implementation 8-3 of this chapter, the board and its agents and employees are 8-4 entitled to access to all property within the district. 8-5 (b) Before entering property for the purposes of this 8-6 section, the person seeking access shall give notice to the owner 8-7 of the property as provided by district rules and shall present 8-8 proper credentials. 8-9 (c) The board and its agents and employees who enter private 8-10 property shall observe the establishment's rules and regulations 8-11 concerning safety, internal security, and fire protection. 8-12 (Sections 151.039-151.070 reserved for expansion 8-13 SUBCHAPTER C. POWERS AND DUTIES 8-14 Sec. 151.071. RULES AND REGULATIONS. (a) After notice and 8-15 hearing, the board shall adopt and enforce rules and regulations 8-16 designed to expeditiously and effectively effectuate this chapter 8-17 and accomplish its purposes, including rules governing procedure 8-18 before the board. 8-19 (b) The board shall compile its rules and regulations in a 8-20 book and make them available for use and inspection at the 8-21 district's principal office. 8-22 Sec. 151.072. HEARINGS. (a) Board hearings shall be 8-23 conducted as provided by this section. Hearings are governed by 8-24 the open meetings law, Chapter 271, Acts of the 60th Legislature, 8-25 Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil 8-26 Statutes). Except as provided by this section, notice of hearings 8-27 shall be provided according to that law. 9-1 (b) At a regular meeting of the board, the board shall set 9-2 the dates, times, and locations for any hearings to be held under 9-3 this chapter and shall direct the general manager of the district 9-4 to give notice. 9-5 (c) Written notice of a hearing shall be given to each 9-6 county and municipal government in the district and to each person 9-7 that the board believes has an interest in the subject matter to be 9-8 dealt with at the hearing. 9-9 (d) Notice of a hearing shall be published at least once in 9-10 a newspaper of general circulation in each county in the district. 9-11 (e) A copy of the notice shall be posted at the county 9-12 courthouse of each county in the district in the place where 9-13 notices are usually posted. 9-14 (f) A person who desires to appear at a hearing and present 9-15 testimony, evidence, exhibits, or other information may do so in 9-16 person, by counsel, or both. 9-17 (g) The board may hold hearings at any location in the 9-18 district. 9-19 (h) The board may recess a hearing from day to day. 9-20 (i) The board may use hearing examiners to hear any subject 9-21 set for the hearing so long as the decision on that subject is the 9-22 decision of the board. Procedures for use of hearing examiners 9-23 shall be provided by rule. 9-24 Sec. 151.073. COMPELLING TESTIMONY, SWEARING WITNESSES, AND 9-25 SUBPOENAS. (a) The board may compel the testimony of any person 9-26 necessary to carry out its powers, duties, and functions under this 9-27 chapter and may administer oaths to persons compelled to testify 10-1 before the board or any person designated by the board. 10-2 (b) The board may issue subpoenas to compel the testimony of 10-3 any person and the production of any document necessary to carry 10-4 out the powers, duties, and functions under this chapter. 10-5 Sec. 151.074. DISTRICT PLAN. (a) The board shall formulate 10-6 a plan to control and prevent subsidence in the district. The plan 10-7 shall accomplish that purpose by reducing groundwater withdrawals 10-8 to amounts that will restore and maintain sufficient artesian 10-9 pressure to control and prevent subsidence. 10-10 (b) The plan shall specify in as much detail as practicable 10-11 the acts, procedures, performance, and avoidance that are necessary 10-12 to carry out the purposes of this chapter. 10-13 Sec. 151.075. PLANNING PROCEDURES. (a) Included in the 10-14 information to be gathered for formulation of the plan shall be: 10-15 (1) a list of all wells in the district that are 10-16 subject to regulation under this chapter; 10-17 (2) an accurate estimate of groundwater production 10-18 from all wells or proposed wells in the district; 10-19 (3) an accurate estimate of the amount of groundwater 10-20 that may be produced from each area in the district without causing 10-21 reduction of artesian pressure that will lead to subsidence in the 10-22 district; 10-23 (4) an accurate estimate of the current and future 10-24 water needs in the district; 10-25 (5) a list of all available sources of water, other 10-26 than groundwater, in the area of the district; 10-27 (6) the purposes for which the water is currently used 11-1 and for which it is proposed to be used in the future; 11-2 (7) information relating to formulation of a permit 11-3 system; and 11-4 (8) other necessary information and material to carry 11-5 out the management of groundwater in the district and to 11-6 effectively and expeditiously accomplish the purposes of this 11-7 chapter. 11-8 (b) Before the plan is adopted, the board shall hold a 11-9 hearing to consider the proposed plan. 11-10 (c) After the hearing, the board shall make any changes it 11-11 considers necessary according to evidence and material presented at 11-12 the hearing and shall adopt the plan. 11-13 (d) The plan adopted under this section may be amended or 11-14 repealed and a new plan adopted as provided in this section for the 11-15 adoption of the original plan. A plan, once adopted, remains in 11-16 effect until the adoption of a new plan. 11-17 Sec. 151.076. BOARD INVESTIGATIONS. At least once each year 11-18 and at any other time that the board considers necessary, the board 11-19 shall have its staff and the staff of the Texas Water Development 11-20 Board, if necessary, make a complete study of the groundwater 11-21 situation in the district and determine the water level, rates of 11-22 withdrawal, amounts of withdrawal, and other information relating 11-23 to the withdrawal of groundwater that may effect the subsidence of 11-24 land in the district. 11-25 Sec. 151.077. ANNUAL GROUNDWATER-WITHDRAWAL DETERMINATION. 11-26 (a) On or before March 31 of each year, the board shall hold a 11-27 hearing to determine the effects of groundwater withdrawal during 12-1 the preceding groundwater-withdrawal year on the subsidence of land 12-2 within the district. 12-3 (b) At the hearing, the board shall consider information 12-4 developed under Sections 151.127 and 151.076 in addition to 12-5 information represented by persons appearing before the board. 12-6 (c) After the hearing, the board shall consider all 12-7 information presented to it, shall make determinations of 12-8 groundwater withdrawal in the district during the immediately 12-9 preceding groundwater-withdrawal year, and shall make findings of 12-10 the effects of groundwater withdrawal during that 12-11 groundwater-withdrawal year on the subsidence of land in the 12-12 district. Those findings and determinations shall be included in a 12-13 report adopted by the board and shall be made available for 12-14 examination by any interested persons. 12-15 Sec. 151.078. REGULATION OF SPACING AND PRODUCTION. (a) To 12-16 minimize as far as practicable the drawdown of the water table and 12-17 the reduction of artesian pressure and to control and prevent 12-18 subsidence, the board may provide for the spacing of wells and may 12-19 regulate the production of groundwater from the wells, taking into 12-20 consideration, among other relevant factors, the economic impact on 12-21 well owners and the resulting effect on subsidence. 12-22 (b) Before issuing an order, rule, or regulation under this 12-23 section, the board shall set a hearing on the proposed order, rule, 12-24 or regulation and shall issue notice of the hearing. 12-25 Sec. 151.079. WATER CONSERVATION MEASURES. The board may 12-26 adopt rules requiring the use of water conservation measures as a 12-27 means to reduce groundwater withdrawals. The district may also 13-1 cooperate with the commission and any local government to establish 13-2 water conservation goals, guidelines, and plans to be used within 13-3 the district. The district may contract with any local government 13-4 in the district to provide services necessary to meet water 13-5 conservation requirements established by the commission. 13-6 Sec. 151.080. REQUIRING WATER-METERING DEVICES. The board 13-7 may require water-metering devices to be placed on wells. 13-8 Sec. 151.081. MONITORING AND SUPERVISION BY DISTRICT. The 13-9 district may use subsidence compaction monitors, water-level 13-10 observation wells, and other materials and equipment to determine 13-11 the amount of groundwater that may be produced while at the same 13-12 time allowing the rebound and stabilization of groundwater to a 13-13 level that will halt subsidence. 13-14 Sec. 151.082. RESEARCH AND STUDIES. The district may 13-15 conduct any studies and research that the board considers necessary 13-16 to implement this chapter. The district may use the services of 13-17 geologists, hydrologists, registered professional engineers, or 13-18 other expert personnel to accomplish the purposes of this section. 13-19 Sec. 151.083. COOPERATION WITH AND ASSISTANCE OF OTHER 13-20 GOVERNMENTAL ENTITIES; GRANTS. (a) The board may cooperate with 13-21 and request the assistance of local governments and any agency of 13-22 the state or of the United States in implementing this chapter. 13-23 (b) The district may make or accept grants, gratuities, 13-24 advances, or loans in any form to or from any public source 13-25 approved by the board, including any governmental entity, and may 13-26 enter into contracts, agreements, and covenants that the board 13-27 considers appropriate in connection with grants, gratuities, 14-1 advances, or loans. 14-2 Sec. 151.084. EXCLUSIONS. (a) The regulatory provisions of 14-3 this chapter do not apply to: 14-4 (1) wells regulated under Chapter 27 of this code; 14-5 (2) other wells as provided in the rules of the 14-6 district; and 14-7 (3) wells with a casing diameter of less than five 14-8 inches that serve a single-family dwelling. 14-9 (b) The board by rule may require the registration of any 14-10 well in the district. 14-11 (Sections 151.085-151.120 reserved for expansion 14-12 SUBCHAPTER D. PERMITS 14-13 Sec. 151.121. PERMIT REQUIREMENT. Before a well may be 14-14 drilled or operated within the boundaries of the district the owner 14-15 or operator of the well must obtain a permit from the board. 14-16 Sec. 151.122. TERM OF PERMIT. (a) A permit issued under 14-17 this chapter may be for a term of up to five years as set by the 14-18 board. 14-19 (b) A permit does not become a vested right in the holder. 14-20 A permit may be revoked or suspended or its terms may be modified 14-21 or amended after notice and hearing whenever reasonably necessary 14-22 to accomplish the purposes of this chapter. 14-23 Sec. 151.123. RENEWAL OF PERMIT. A permit for a well may be 14-24 renewed by the board in the manner provided for obtaining the 14-25 original permit. 14-26 Sec. 151.124. APPLICATION FOR PERMIT. (a) A person who 14-27 desires to obtain a permit under this chapter shall submit to the 15-1 board an application. 15-2 (b) The application must state: 15-3 (1) the name of the person requesting the permit; 15-4 (2) the address of the person requesting the permit; 15-5 (3) the location and wellhead elevation of the well or 15-6 proposed well; 15-7 (4) the amount of water being produced or proposed to 15-8 be produced; and 15-9 (5) any other information necessary for the board to 15-10 control and prevent subsidence in the district. 15-11 (c) The application shall be accompanied by a reasonable 15-12 application fee to be used for processing the application, the 15-13 amount of which shall be set by the board. 15-14 Sec. 151.125. NOTICE AND HEARING ON PERMIT. (a) On 15-15 receiving an application for a permit, the board shall issue notice 15-16 and set a time for a hearing on the application. 15-17 (b) Notice of the date, time, and location of the hearing 15-18 shall be given by the board to the applicant by certified mail, 15-19 return receipt requested, and in accordance with the open meetings 15-20 law, Chapter 271, Acts of the 60th Legislature, Regular Session, 15-21 1967 (Article 6252-17, Vernon's Texas Civil Statutes). 15-22 (c) The board may consider as many applications for permits 15-23 as it thinks necessary at any one hearing. 15-24 Sec. 151.126. DECISION AND ISSUANCE OF A PERMIT. (a) 15-25 Within a reasonable period after the hearing, but not later than 15-26 the 60th day after the date of the hearing, the board shall decide 15-27 whether or not to issue a permit and, if the decision is to issue 16-1 the permit, shall formulate the terms of the permit. 16-2 (b) In deciding whether or not to issue a permit and in 16-3 setting the terms of the permit, the board shall consider, along 16-4 with the purpose of this chapter and all other relevant factors: 16-5 (1) the district plan; 16-6 (2) the quality, quantity, and availability of surface 16-7 water at prices competitive with those charged by suppliers of 16-8 surface water in the district; 16-9 (3) the economic impact on the applicant from grant or 16-10 denial of the permit, or the terms prescribed by a permit, in 16-11 relation to the effect on subsidence that would result; and 16-12 (4) the applicant's use of water conservation 16-13 measures. 16-14 (c) The board shall grant a permit to an applicant if the 16-15 board finds, on presentation of adequate proof, that there is no 16-16 other adequate and available substitute or supplemental source of 16-17 surface waters at prices competitive with those charged by 16-18 suppliers of surface water in the district and that compliance with 16-19 any provision of this chapter or any district rule will result in 16-20 an arbitrary taking of property or in the practical closing and 16-21 elimination of any lawful business, occupation, or activity without 16-22 sufficient corresponding benefit or advantage to the people. 16-23 (d) If the board decides to issue the permit, the permit 16-24 shall be issued to the applicant stating the terms prescribed by 16-25 the board. 16-26 (e) The permit shall include: 16-27 (1) the name and address of the person to whom the 17-1 permit is issued; 17-2 (2) the location of the well; 17-3 (3) the date the permit is to expire; 17-4 (4) conditions and restrictions placed on the 17-5 withdrawal of groundwater; and 17-6 (5) other terms and conditions necessary to control 17-7 and prevent subsidence. 17-8 (f) The board may not require a city with a population of 17-9 less than 100,000 to reduce its groundwater withdrawal by more than 17-10 50 percent in any three-year period if the city or its residents 17-11 would face a hardship by that reduction. The board shall determine 17-12 in public hearing whether or not the reduction would constitute a 17-13 hardship to the city or its residents. In this subsection, 17-14 "hardship" means any reduction in groundwater withdrawal that 17-15 would: 17-16 (1) cause the city to have an inadequate supply of 17-17 water for its residents; or 17-18 (2) cause an increase of 50 percent or more in water 17-19 rates for the city or its residents. 17-20 Sec. 151.127. ANNUAL REPORTS. Before January 31 of each 17-21 year, each owner of a well who holds a permit under this chapter 17-22 shall submit to the board a report stating: 17-23 (1) the name of the owner of the well; 17-24 (2) the total amount of groundwater produced by the 17-25 well during the immediately preceding 12-month period; 17-26 (3) the total amount of groundwater produced by the 17-27 well during each separate month of the immediately preceding 18-1 12-month period; 18-2 (4) the purpose for which the groundwater was used; 18-3 and 18-4 (5) any other information deemed necessary by the 18-5 board. 18-6 Sec. 151.128. PERMIT FEE. (a) At the time of issuance or 18-7 renewal of a permit, the board shall collect from the applicant a 18-8 permit fee, established by a schedule based on the term of the 18-9 permit and the maximum annual amount of groundwater authorized by 18-10 the board to be withdrawn from the well. 18-11 (b) The rate of the fee to be collected by the board under 18-12 this section shall be determined by the board after a hearing. The 18-13 rate of the fee may not exceed 110 percent of the highest rate 18-14 charged by the city of Houston for surface water supplied to its 18-15 customers in the district. 18-16 (c) The rate of the permit fee applicable to any well used 18-17 for the irrigation of agricultural crops shall be the lowest of: 18-18 (1) 70 percent of the lowest rate established under 18-19 Subsection (b) of this section; 18-20 (2) 70 percent of one cent for each thousand gallons 18-21 authorized to be withdrawn, provided that the board may adjust the 18-22 one cent for each thousand gallons each year after 1992 to account 18-23 for increases, if any in the most recently published Consumer Price 18-24 Index for All Urban Consumers (Houston, Texas, Average), as 18-25 determined by the United States Department of Labor, Bureau of 18-26 Labor Statistics, for All Items; or 18-27 (3) the rate established in accordance with Subsection 19-1 (d) of this section. 19-2 (d) Using information prepared by the United States 19-3 Geological Survey, which shall be presumed correct, the board, at a 19-4 hearing held in accordance with Section 151.072 of this code, shall 19-5 calculate and determine the difference between water wells pumped 19-6 for irrigation of agricultural crops and water wells pumped for 19-7 other purposes in terms of their relative contribution to 19-8 subsidence, expressed as a percentage. The rate of the fee for 19-9 wells used for irrigation of agricultural crops shall be sufficient 19-10 for the total of those fees to contribute to the fee revenue of the 19-11 district the same percentage as the agricultural use contributes to 19-12 subsidence. 19-13 (e) The funds obtained from the permit fees collected under 19-14 this section shall be used to cover the costs of the board in 19-15 issuing permits and performing other regulatory functions of the 19-16 district. 19-17 Sec. 151.129. LIMITATIONS ON CONVERSION TO SURFACE WATER. 19-18 (a) The board may not issue an order requiring a person to 19-19 completely or partially discontinue the use of groundwater unless 19-20 the person is able to acquire a water supply that is composed of 19-21 surface water needed to replace the water supply covered by the 19-22 order. This section does not limit the board's authority to issue 19-23 orders and rules requiring a person to reduce groundwater use by 19-24 eliminating waste or implementing water conservation. 19-25 (b) If the person covered by an order under this section 19-26 acquires an alternative water supply to fulfill the needs created 19-27 by the board's order under this section and files with the 20-1 commission a written request for monitoring of the alternative 20-2 supply, the commission shall monitor annually from the date of 20-3 request to the expiration of the annual permit the water delivered 20-4 to the person covered by the order to determine the percentage of 20-5 that water that is surface water and the percentage of that water 20-6 that is groundwater. 20-7 (c) The water deliveries must be monitored at random times 20-8 at all points of connection between the purchaser's and seller's 20-9 water systems. Samples taken through monitoring must be analyzed 20-10 by water chemists employed by or contracting with the commission. 20-11 The water chemist making each analysis shall issue a certified 20-12 written analysis of the percentages of surface water and 20-13 groundwater included in the sample. 20-14 (d) Not later than the 15th day after the last day of each 20-15 permit year, the commission shall issue an annual certified written 20-16 analysis based on all of the samples collected that will state the 20-17 annual average percentage of surface water and the annual average 20-18 percentage of groundwater provided to the purchaser by the seller 20-19 for that permit year. In addition to the percentage of groundwater 20-20 authorized to be used by the board's order, the person may use in 20-21 the current permit year an additional percentage of groundwater 20-22 that is equal to a percentage derived by multiplying the annual 20-23 average percentage of groundwater delivered to that person during 20-24 the preceding permit year by the total percentage of alternative 20-25 water supply mandated by the board's order for the current year. 20-26 (e) The commission shall assess reasonable fees to cover the 20-27 costs of the water sampling and analysis, one-half to the water 21-1 purchaser and one-half to the water seller. On request, the 21-2 commission shall make results of the analysis available to the 21-3 purchaser, the seller, or the board. 21-4 (f) In this section, "alternative water supply" means a 21-5 water supply that it is necessary for the person to acquire from 21-6 sources other than its own groundwater supply to comply with the 21-7 board's order. 21-8 (Sections 151.130-151.160 reserved for expansion 21-9 SUBCHAPTER E. APPEALS; PENALTIES 21-10 Sec. 151.161. APPEAL OF SURFACE WATER RATES. If a person 21-11 required to convert to surface water purchases that water supply 21-12 wholesale from a political subdivision as defined by Section 21-13 12.013(b) of this code, the rates charged by the political 21-14 subdivision to that person may be appealed to the commission under 21-15 Chapter 12 of this code, and the rules adopted under that chapter 21-16 apply to appeals under this section. The commission shall convene 21-17 the hearing on the appeal not later than the 180th day after the 21-18 date on which the appeal is filed with the commission and shall 21-19 render a final decision on the appeal not later than the 60th day 21-20 following the date on which the hearing ends. 21-21 Sec. 151.162. APPEAL OF DISTRICT ACTIONS. (a) A rule, 21-22 order, or other official action of the district under this chapter 21-23 may be appealed to a district court in any county in the district 21-24 by a person who is adversely affected. An appeal under this 21-25 section must be filed within 45 days after the rule, order, or 21-26 other official action appealed from is adopted or taken. 21-27 (b) On written request of a person residing in or owning 22-1 real property in the district, the board shall make written 22-2 findings and conclusions with respect to a rule, order, or other 22-3 official action of the district and provide certified copies of 22-4 those findings and conclusions to the requesting person not later 22-5 than the 35th day after the date on which the board received the 22-6 written request. 22-7 (c) The review on appeal under this section is governed by 22-8 the substantial evidence rule as defined by Section 19(e), 22-9 Administrative Procedure and Texas Register Act (Article 6252-13a, 22-10 Vernon's Texas Civil Statutes). 22-11 Sec. 151.163. APPEAL OF CERTAIN DISTRICT ACTIONS TO THE 22-12 COMMISSION. (a) As an alternative to the appeal provided in 22-13 Section 151.162, a person who is granted a permit authorizing 22-14 withdrawal of groundwater in an amount less than requested by that 22-15 person may appeal the board's final decision to the commission. 22-16 The appeal shall be filed not later than the 60th day after the 22-17 date on which the board issues its final order. A person shall be 22-18 informed in the notice of public hearing when an order to convert 22-19 to surface water is to be considered. 22-20 (b) On written request of the person proposing to appeal an 22-21 order under this section, the board shall make written findings and 22-22 conclusions with respect to the order and shall provide certified 22-23 copies of the findings and conclusions to the requesting person not 22-24 later than the 35th day after the date on which the board received 22-25 the written request. 22-26 (c) The effect of a board order is stayed until the decision 22-27 of the commission in an appeal under this section is final. 23-1 (d) The review on appeal by the commission under this 23-2 section is governed by the substantial evidence rule as defined by 23-3 Section 19(e), Administrative Procedure and Texas Register Act 23-4 (Article 6252-13a, Vernon's Texas Civil Statutes). 23-5 (e) The commission may adopt necessary rules to carry out 23-6 this section. 23-7 (f) An appeal from a final decision of the commission is to 23-8 a district court in Travis County. Any party to the proceedings 23-9 before the commission may appeal a decision of the district court 23-10 in the manner provided for other civil actions, but a party 23-11 appealing a decision of a district court is not required to provide 23-12 an appeal bond. 23-13 (g) The review of a commission order on appeal shall be 23-14 under the substantial evidence rule. 23-15 (h) Under this section, the commission may adopt and assess 23-16 reasonable and necessary fees adequate to recover the costs of the 23-17 commission in administering this section. 23-18 Sec. 151.164. PENALTIES. (a) If it appears that a person 23-19 has violated or is violating or threatening to violate this 23-20 chapter, or any rule, permit, or other order of the district issued 23-21 or adopted under this chapter, the district may file a civil suit 23-22 in a district court in the district for: 23-23 (1) injunctive relief to restrain the person from 23-24 continuing the violation or threat of violation; 23-25 (2) the assessment and recovery of a civil penalty of 23-26 not less than $50 nor more than $5,000 for each violation and for 23-27 each day of violation; or 24-1 (3) both injunctive relief and civil penalties. 24-2 (b) On application for injunctive relief and a finding that 24-3 a person is violating or threatening to violate a provision of this 24-4 chapter or a rule, permit, or other order of the district under 24-5 this chapter, the district court shall grant any injunctive relief 24-6 the facts may warrant. 24-7 (c) At the request of the board, or the general manager if 24-8 authorized by the board, the attorney general shall institute and 24-9 conduct a suit in the name of the district for injunctive relief or 24-10 to recover a civil penalty or for both injunctive relief and 24-11 penalty as authorized by this section. 24-12 (d) The district is not required to post bond or other 24-13 security with the court. 24-14 SECTION 2. The following acts are repealed: 24-15 (1) Chapter 284, Acts of the 64th Legislature, Regular 24-16 Session, 1975; 24-17 (2) Chapter 557, Acts of the 65th Legislature, Regular 24-18 Session, 1977; and 24-19 (3) Chapter 1107, Acts of the 70th Legislature, 24-20 Regular Session, 1987. 24-21 SECTION 3. (a) If an Act amending and consolidating the 24-22 laws relating to conservation and reclamation districts is passed 24-23 by the 73rd Legislature, Regular Session, 1993, and finally becomes 24-24 law: 24-25 (1) a reference in Section 151.003(b), Water Code, as 24-26 added by this Act, to Sections 55.730-55.744, Water Code, is a 24-27 reference to Subchapter I, Chapter 49, Water Code; and 25-1 (2) a reference in Section 151.005(a), Water Code, as 25-2 added by this Act, to Chapter 50, Water Code, is a reference to 25-3 Chapter 49, Water Code. 25-4 (b) If an Act described by Subsection (a) of this section 25-5 does not become law, this section has no effect. 25-6 SECTION 4. This Act takes effect September 1, 1993. 25-7 SECTION 5. The importance of this legislation and the 25-8 crowded condition of the calendars in both houses create an 25-9 emergency and an imperative public necessity that the 25-10 constitutional rule requiring bills to be read on three several 25-11 days in each house be suspended, and this rule is hereby suspended.