1-1 By: Bosse (Senate Sponsor - Brown) H.B. No. 2209
1-2 (In the Senate - Received from the House April 19, 1993;
1-3 April 19, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 7, 1993, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 7, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the Harris-Galveston Coastal Subsidence District.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. The Water Code is amended by adding Title 5 to
1-24 read as follows:
1-25 TITLE 5. SPECIAL LAW DISTRICTS
1-26 CHAPTER 151. HARRIS-GALVESTON COASTAL SUBSIDENCE DISTRICT
1-27 SUBCHAPTER A. GENERAL PROVISIONS
1-28 Sec. 151.001. CREATION. (a) The Harris-Galveston Coastal
1-29 Subsidence District is an underground water conservation district
1-30 created under and essential to accomplish the purposes of Article
1-31 XVI, Section 59, of the Texas Constitution.
1-32 (b) The district is a governmental agency and body politic
1-33 and corporate.
1-34 Sec. 151.002. DEFINITIONS. In this chapter:
1-35 (1) "Board" means the board of directors of the
1-36 district.
1-37 (2) "Commission" means the Texas Natural Resource
1-38 Conservation Commission.
1-39 (3) "District" means the Harris-Galveston Coastal
1-40 Subsidence District.
1-41 (4) "Drill" means drilling, equipping, or completing
1-42 wells or substantially altering the size of wells or well pumps.
1-43 (5) "Groundwater" means water located beneath the
1-44 earth's surface, but does not include water produced with oil in
1-45 the production of oil and gas.
1-46 (6) "Groundwater-withdrawal year" means the period
1-47 beginning January 1 of one year and ending December 31 of that same
1-48 year.
1-49 (7) "Subsidence" means the lowering in elevation of
1-50 the surface of land by the withdrawal of groundwater.
1-51 (8) "Water conservation" means any measure that seeks
1-52 to make a water supply available for alternative or future uses,
1-53 including best management practices, reduction in consumption,
1-54 reduction in loss or waste, improved efficiency or accountability,
1-55 recycling, reuse, or pollution prevention.
1-56 (9) "Well" means a facility, device, or method used to
1-57 withdraw groundwater from the groundwater supply within the
1-58 district.
1-59 (10) "Well owner" means a person who has an ownership
1-60 interest in a well, owns land on which a well is located, owns the
1-61 water withdrawn or to be withdrawn from a well, or operates a well.
1-62 (11) "Withdraw" means the act of extracting
1-63 groundwater by pumping or some other method.
1-64 Sec. 151.003. BOUNDARIES. (a) The district includes all of
1-65 the area located within the boundaries of Harris County and
1-66 Galveston County.
1-67 (b) Except as provided in this subsection, an adjoining
1-68 county may be added to the district on application of the
2-1 commissioners court of the adjoining county and by complying with
2-2 the procedures provided in Sections 55.730-55.744 of this code, to
2-3 the extent that those provisions are applicable. Any county added
2-4 to the district under this subsection is subject to the
2-5 jurisdiction of the board and this chapter, and two members shall
2-6 be added to the board. One shall be chosen by the commissioners
2-7 court of the county added to the district and one shall be chosen
2-8 by the mayor of the city that has the largest population in the
2-9 county that is added. The two new members shall draw lots to
2-10 establish staggered terms of office.
2-11 Sec. 151.004. PURPOSE AND INTENT; FINDING OF BENEFIT.
2-12 (a) The purpose of this chapter is to provide for the regulation
2-13 of the withdrawal of groundwater within the boundaries of the
2-14 district for the purpose of ending subsidence, which contributes to
2-15 or precipitates flooding, inundation, or overflow of the district,
2-16 including without limitation rising waters resulting from storms or
2-17 hurricanes.
2-18 (b) The legislature intends that the district shall
2-19 administer and enforce this chapter and shall exercise the
2-20 district's rights, powers, and duties in a manner that will
2-21 effectively and expeditiously accomplish the purposes of this
2-22 chapter.
2-23 (c) All of the land and other property included within the
2-24 boundaries of the district will be benefited by the works and
2-25 projects that are to be accomplished by the district under powers
2-26 conferred by Article XVI, Section 59, of the Texas Constitution.
2-27 The district is created to serve a public use and benefit.
2-28 Sec. 151.005. POWERS AND DUTIES IN GENERAL. (a) The
2-29 district has all of the rights, powers, privileges, authority,
2-30 functions, and duties provided by the general law of this state,
2-31 including Chapters 50 and 52 of this code, applicable to
2-32 underground water conservation districts created under Article XVI,
2-33 Section 59, of the Texas Constitution.
2-34 (b) Withdrawals of groundwater covered by this chapter are
2-35 subject to reasonable rules and orders adopted by the board, taking
2-36 into account all factors including availability of surface water,
2-37 economic impact on persons and the community, degree and effect of
2-38 subsidence on the surface of land, and differing topographical and
2-39 geophysical characteristics of land areas in the district. The
2-40 board has the powers and duties specifically described in this
2-41 chapter and all other powers necessary or convenient to carry out
2-42 its responsibilities and achieve the purpose of this chapter.
2-43 (c) Sections 52.1511, 52.156, 52.167, 52.168, 52.170, and
2-44 52.173 of this code and Subchapters B, C, H, I, J, and K of Chapter
2-45 52 of this code do not apply to the district.
2-46 (d) The district may not sell or distribute surface water or
2-47 groundwater for any purpose.
2-48 (e) This chapter prevails over any other law in conflict or
2-49 inconsistent with this chapter.
2-50 (Sections 151.006-151.030 reserved for expansion
2-51 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
2-52 Sec. 151.031. BOARD OF DIRECTORS. (a) The district is
2-53 governed by a board of directors composed of 17 members who serve
2-54 for two-year, staggered terms.
2-55 (b) The board consists of:
2-56 (1) six members from the city in the district having
2-57 the largest population of any city in the district, to be appointed
2-58 by the mayor of that city, one of these members to be a
2-59 representative of industry;
2-60 (2) one member from the city in the district having
2-61 the next largest population of any city in the district, to be
2-62 appointed by the mayor of that city;
2-63 (3) two members from all incorporated cities in
2-64 Galveston County, appointed by the mayors of those cities;
2-65 (4) one member from the city of Baytown, appointed by
2-66 the mayor of that city;
2-67 (5) two members appointed by the commissioners court
2-68 of Harris County, one to be a representative of agriculture and one
2-69 to be a representative of industry, provided that neither of these
2-70 members is a resident of the city in the district having the
3-1 largest population;
3-2 (6) two members appointed by the commissioners court
3-3 of Galveston County;
3-4 (7) one member from Harris County chosen by the mayors
3-5 of the cities of Deer Park, Galena Park, La Porte, Nassau Bay, and
3-6 Seabrook and the president of the Clear Lake City Water Authority;
3-7 (8) one member from Harris County chosen by the mayors
3-8 of the cities of West University Place, Southside Place, Bellaire,
3-9 and Jacinto City; and
3-10 (9) one member from Harris County chosen by the mayors
3-11 of the cities of Humble, Piney Point Village, Hedwig Village,
3-12 Bunker Hill Village, Hunters Creek Village, Hilshire Village, and
3-13 the village of Spring Valley.
3-14 (c) A member of the board must be a resident of and a
3-15 qualified voter in the district.
3-16 Sec. 151.032. OFFICERS. (a) Each year at the first meeting
3-17 after the new directors take office, the members shall select one
3-18 of their number to serve as chairman, one to serve as
3-19 vice-chairman, and one to serve as secretary.
3-20 (b) The chairman shall preside over meetings of the board,
3-21 and in the chairman's absence the vice-chairman shall preside.
3-22 Sec. 151.033. VACANCIES. If a vacancy occurs on the board,
3-23 a person representing the same area from which the person who
3-24 vacates the position is appointed shall be chosen by the person or
3-25 persons designated in Section 151.031(b) to serve the unexpired
3-26 term.
3-27 Sec. 151.034. MEETINGS. The board shall meet for a regular
3-28 meeting once each month at a time set by the board and may hold
3-29 special meetings at the call of the chairman or on the written
3-30 request of at least three members of the board.
3-31 Sec. 151.035. GENERAL MANAGER. (a) The board shall employ
3-32 a general manager as the chief administrative officer of the
3-33 district. The board may delegate to the general manager full
3-34 authority to manage and operate the affairs of the district subject
3-35 only to orders of the board.
3-36 (b) The duties of the general manager include:
3-37 (1) administering the orders of the board;
3-38 (2) coordination with state, federal, and local
3-39 agencies;
3-40 (3) overseeing development of district plans and
3-41 programs; and
3-42 (4) other duties assigned by the board.
3-43 (c) The board shall determine the terms of office and
3-44 employment and the compensation to be paid the general manager, and
3-45 the general manager may be discharged by a majority vote of the
3-46 board.
3-47 Sec. 151.036. EMPLOYEES; BOND. (a) The general manager
3-48 shall employ all persons necessary for the proper handling of the
3-49 business and operation of the district and may employ attorneys,
3-50 bookkeepers, engineers, and other expert and specialized personnel
3-51 considered necessary. The general manager shall determine
3-52 compensation to be paid by the district.
3-53 (b) The general manager may discharge employees of the
3-54 district.
3-55 (c) The board shall require an employee who collects, pays,
3-56 or handles funds of the district to furnish good and sufficient
3-57 bond, payable to the district, for a sufficient amount to safeguard
3-58 the district. The bond shall be conditioned on the faithful
3-59 performance of the employee's duties and on accounting for all
3-60 funds and property of the district in the employee's hands. The
3-61 district shall pay for the bond.
3-62 Sec. 151.037. SUITS. (a) The district may sue and be sued
3-63 in the courts of this state in the name of the district by and
3-64 through the board.
3-65 (b) The attorney general shall defend the district in suits
3-66 brought against the district in all district and appellate courts
3-67 of this state and in the courts of the United States.
3-68 (c) All courts shall take judicial notice of the creation of
3-69 the district and of its boundaries.
3-70 Sec. 151.038. ACCESS TO PROPERTY. (a) To carry out
4-1 technical and other investigations necessary to the implementation
4-2 of this chapter, the board and its agents and employees are
4-3 entitled to access to all property within the district.
4-4 (b) Before entering property for the purposes of this
4-5 section, the person seeking access shall give notice to the owner
4-6 of the property as provided by district rules and shall present
4-7 proper credentials.
4-8 (c) The board and its agents and employees who enter private
4-9 property shall observe the establishment's rules concerning safety,
4-10 internal security, and fire protection.
4-11 (Sections 151.039-151.070 reserved for expansion
4-12 SUBCHAPTER C. POWERS AND DUTIES
4-13 Sec. 151.071. RULES. (a) After notice and hearing, the
4-14 board shall adopt and enforce rules designed to expeditiously and
4-15 effectively implement this chapter and accomplish its purposes,
4-16 including rules governing procedure before the board.
4-17 (b) The board shall compile its rules in a book and make
4-18 them available for use and inspection at the district's principal
4-19 office.
4-20 Sec. 151.072. HEARINGS. (a) Board hearings shall be
4-21 conducted as provided by this section. Hearings are governed by
4-22 the open meetings law, Chapter 271, Acts of the 60th Legislature,
4-23 Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil
4-24 Statutes). Except as provided by this section, notice of hearings
4-25 shall be provided according to that law.
4-26 (b) At a regular meeting of the board, the board shall set
4-27 the dates, times, and locations for any hearings to be held under
4-28 this chapter and shall direct the general manager of the district
4-29 to give notice.
4-30 (c) Written notice of a hearing shall be given to each
4-31 county and municipal government in the district and to each person
4-32 that the board believes has an interest in the subject matter to be
4-33 dealt with at the hearing.
4-34 (d) Notice of a hearing shall be published at least once in
4-35 a newspaper of general circulation in each county in the district.
4-36 (e) A copy of the notice shall be posted at the county
4-37 courthouse of each county in the district in the place where
4-38 notices are usually posted.
4-39 (f) A person who desires to appear at a hearing and present
4-40 testimony, evidence, exhibits, or other information may do so in
4-41 person, by counsel, or both.
4-42 (g) The board may hold hearings at any location in the
4-43 district.
4-44 (h) The board may recess a hearing from day to day.
4-45 (i) The board may use hearing examiners to hear any subject
4-46 set for the hearing so long as the decision on that subject is the
4-47 decision of the board. Procedures for use of hearing examiners
4-48 shall be provided by rule.
4-49 Sec. 151.073. COMPELLING TESTIMONY, SWEARING WITNESSES, AND
4-50 SUBPOENAS. (a) The board may compel the testimony of any person
4-51 necessary to carry out its powers, duties, and functions under this
4-52 chapter and may administer oaths to persons compelled to testify
4-53 before the board or any person designated by the board.
4-54 (b) The board may issue subpoenas to compel the testimony of
4-55 any person and the production of any document necessary to carry
4-56 out the powers, duties, and functions under this chapter.
4-57 Sec. 151.074. DISTRICT PLAN. (a) The board shall formulate
4-58 a plan to control and prevent subsidence in the district. The plan
4-59 shall accomplish that purpose by reducing groundwater withdrawals
4-60 to amounts that will restore and maintain sufficient artesian
4-61 pressure to control and prevent subsidence.
4-62 (b) The plan shall specify in as much detail as practicable
4-63 the acts, procedures, performance, and avoidance that are necessary
4-64 to carry out the purposes of this chapter.
4-65 Sec. 151.075. PLANNING PROCEDURES. (a) Included in the
4-66 information to be gathered for formulation of the plan shall be:
4-67 (1) a list of all wells in the district that are
4-68 subject to regulation under this chapter;
4-69 (2) an accurate estimate of groundwater production
4-70 from all wells or proposed wells in the district;
5-1 (3) an accurate estimate of the amount of groundwater
5-2 that may be produced from each area in the district without causing
5-3 reduction of artesian pressure that will lead to subsidence in the
5-4 district;
5-5 (4) an accurate estimate of the current and future
5-6 water needs in the district;
5-7 (5) a list of all available sources of water, other
5-8 than groundwater, in the area of the district;
5-9 (6) the purposes for which the water is currently used
5-10 and for which it is proposed to be used in the future;
5-11 (7) information relating to formulation of a permit
5-12 system; and
5-13 (8) other necessary information and material to carry
5-14 out the management of groundwater in the district and to
5-15 effectively and expeditiously accomplish the purposes of this
5-16 chapter.
5-17 (b) Before the plan is adopted, the board shall hold a
5-18 hearing to consider the proposed plan.
5-19 (c) After the hearing, the board shall make any changes it
5-20 considers necessary according to evidence and material presented at
5-21 the hearing and shall adopt the plan.
5-22 (d) The plan adopted under this section may be amended or
5-23 repealed and a new plan adopted as provided in this section for the
5-24 adoption of the original plan. A plan, once adopted, remains in
5-25 effect until the adoption of a new plan.
5-26 Sec. 151.076. BOARD INVESTIGATIONS. At least once each year
5-27 and at any other time that the board considers necessary, the board
5-28 shall have its staff and the staff of the Texas Water Development
5-29 Board, if necessary, make a complete study of the groundwater
5-30 situation in the district and determine the water level, rates of
5-31 withdrawal, amounts of withdrawal, and other information relating
5-32 to the withdrawal of groundwater that may effect the subsidence of
5-33 land in the district.
5-34 Sec. 151.077. ANNUAL GROUNDWATER-WITHDRAWAL DETERMINATION.
5-35 (a) On or before March 31 of each year, the board shall hold a
5-36 hearing to determine the effects of groundwater withdrawal during
5-37 the preceding groundwater-withdrawal year on the subsidence of land
5-38 within the district.
5-39 (b) At the hearing, the board shall consider information
5-40 developed under Sections 151.127 and 151.076 of this code in
5-41 addition to information represented by persons appearing before the
5-42 board.
5-43 (c) After the hearing, the board shall consider all
5-44 information presented to it, shall make determinations of
5-45 groundwater withdrawal in the district during the immediately
5-46 preceding groundwater-withdrawal year, and shall make findings of
5-47 the effects of groundwater withdrawal during that
5-48 groundwater-withdrawal year on the subsidence of land in the
5-49 district. Those findings and determinations shall be included in a
5-50 report adopted by the board and shall be made available for
5-51 examination by any interested persons.
5-52 Sec. 151.078. REGULATION OF SPACING AND PRODUCTION. (a) To
5-53 minimize as far as practicable the drawdown of the water table and
5-54 the reduction of artesian pressure and to control and prevent
5-55 subsidence, the board may provide for the spacing of wells and may
5-56 regulate the production of groundwater from the wells, taking into
5-57 consideration, among other relevant factors, the economic impact on
5-58 well owners and the resulting effect on subsidence.
5-59 (b) Before issuing an order or rule under this section, the
5-60 board shall set a hearing on the proposed order or rule and shall
5-61 issue notice of the hearing.
5-62 Sec. 151.079. WATER CONSERVATION MEASURES. The board may
5-63 adopt rules requiring the use of water conservation measures as a
5-64 means to reduce groundwater withdrawals. The district may also
5-65 cooperate with the commission and any local government to establish
5-66 water conservation goals, guidelines, and plans to be used within
5-67 the district. The district may contract with any local government
5-68 in the district to provide services necessary to meet water
5-69 conservation requirements established by the commission.
5-70 Sec. 151.080. REQUIRING WATER-METERING DEVICES. The board
6-1 may require water-metering devices to be placed on wells.
6-2 Sec. 151.081. MONITORING AND SUPERVISION BY DISTRICT. The
6-3 district may use subsidence compaction monitors, water-level
6-4 observation wells, and other materials and equipment to determine
6-5 the amount of groundwater that may be produced while at the same
6-6 time allowing the rebound and stabilization of groundwater to a
6-7 level that will halt subsidence.
6-8 Sec. 151.082. RESEARCH AND STUDIES. The district may
6-9 conduct any studies and research that the board considers necessary
6-10 to implement this chapter. The district may use the services of
6-11 geologists, hydrologists, registered professional engineers, or
6-12 other expert personnel to accomplish the purposes of this section.
6-13 Sec. 151.083. COOPERATION WITH AND ASSISTANCE OF OTHER
6-14 GOVERNMENTAL ENTITIES; GRANTS. (a) The board may cooperate with
6-15 and request the assistance of local governments and any agency of
6-16 the state or of the United States in implementing this chapter.
6-17 (b) The district may make or accept grants, gratuities,
6-18 advances, or loans in any form to or from any public source
6-19 approved by the board, including any governmental entity, and may
6-20 enter into contracts, agreements, and covenants that the board
6-21 considers appropriate in connection with grants, gratuities,
6-22 advances, or loans.
6-23 Sec. 151.084. EXCLUSIONS. (a) The regulatory provisions of
6-24 this chapter do not apply to:
6-25 (1) wells regulated under Chapter 27 of this code;
6-26 (2) other wells as provided in the rules of the
6-27 district; and
6-28 (3) wells with a casing diameter of less than five
6-29 inches that serve a single-family dwelling.
6-30 (b) The board by rule may require the registration of any
6-31 well in the district.
6-32 (Sections 151.085-151.120 reserved for expansion
6-33 SUBCHAPTER D. PERMITS
6-34 Sec. 151.121. PERMIT REQUIREMENT. Before a well may be
6-35 drilled or operated within the boundaries of the district the owner
6-36 or operator of the well must obtain a permit from the board.
6-37 Sec. 151.122. TERM OF PERMIT. (a) A permit issued under
6-38 this chapter may be for a term of up to five years as set by the
6-39 board.
6-40 (b) A permit does not become a vested right in the holder.
6-41 A permit may be revoked or suspended or its terms may be modified
6-42 or amended after notice and hearing whenever reasonably necessary
6-43 to accomplish the purposes of this chapter.
6-44 Sec. 151.123. RENEWAL OF PERMIT. A permit for a well may be
6-45 renewed by the board in the manner provided for obtaining the
6-46 original permit.
6-47 Sec. 151.124. APPLICATION FOR PERMIT. (a) A person who
6-48 desires to obtain a permit under this chapter shall submit to the
6-49 board an application.
6-50 (b) The application must state:
6-51 (1) the name of the person requesting the permit;
6-52 (2) the address of the person requesting the permit;
6-53 (3) the location and wellhead elevation of the well or
6-54 proposed well;
6-55 (4) the amount of water being produced or proposed to
6-56 be produced; and
6-57 (5) any other information necessary for the board to
6-58 control and prevent subsidence in the district.
6-59 (c) The application shall be accompanied by a reasonable
6-60 application fee to be used for processing the application, the
6-61 amount of which shall be set by the board.
6-62 Sec. 151.125. NOTICE AND HEARING ON PERMIT. (a) On
6-63 receiving an application for a permit, the board shall issue notice
6-64 and set a time for a hearing on the application.
6-65 (b) Notice of the date, time, and location of the hearing
6-66 shall be given by the board to the applicant by certified mail,
6-67 return receipt requested, and in accordance with the open meetings
6-68 law, Chapter 271, Acts of the 60th Legislature, Regular Session,
6-69 1967 (Article 6252-17, Vernon's Texas Civil Statutes).
6-70 (c) The board may consider as many applications for permits
7-1 as it thinks necessary at any one hearing.
7-2 Sec. 151.126. DECISION AND ISSUANCE OF A PERMIT.
7-3 (a) Within a reasonable period after the hearing, but not later
7-4 than the 60th day after the date of the hearing, the board shall
7-5 decide whether or not to issue a permit and, if the decision is to
7-6 issue the permit, shall formulate the terms of the permit.
7-7 (b) In deciding whether or not to issue a permit and in
7-8 setting the terms of the permit, the board shall consider, along
7-9 with the purpose of this chapter and all other relevant factors:
7-10 (1) the district plan;
7-11 (2) the quality, quantity, and availability of surface
7-12 water at prices competitive with those charged by suppliers of
7-13 surface water in the district;
7-14 (3) the economic impact on the applicant from grant or
7-15 denial of the permit, or the terms prescribed by a permit, in
7-16 relation to the effect on subsidence that would result; and
7-17 (4) the applicant's use of water conservation
7-18 measures.
7-19 (c) The board shall grant a permit to an applicant if the
7-20 board finds, on presentation of adequate proof, that there is no
7-21 other adequate and available substitute or supplemental source of
7-22 surface waters at prices competitive with those charged by
7-23 suppliers of surface water in the district and that compliance with
7-24 any provision of this chapter or any district rule will result in
7-25 an arbitrary taking of property or in the practical closing and
7-26 elimination of any lawful business, occupation, or activity without
7-27 sufficient corresponding benefit or advantage to the people.
7-28 (d) If the board decides to issue the permit, the permit
7-29 shall be issued to the applicant stating the terms prescribed by
7-30 the board.
7-31 (e) The permit shall include:
7-32 (1) the name and address of the person to whom the
7-33 permit is issued;
7-34 (2) the location of the well;
7-35 (3) the date the permit is to expire;
7-36 (4) conditions and restrictions placed on the
7-37 withdrawal of groundwater; and
7-38 (5) other terms and conditions necessary to control
7-39 and prevent subsidence.
7-40 (f) The board may not require a city with a population of
7-41 less than 100,000 to reduce its groundwater withdrawal by more than
7-42 50 percent in any three-year period if the city or its residents
7-43 would face a hardship by that reduction. The board shall determine
7-44 in public hearing whether or not the reduction would constitute a
7-45 hardship to the city or its residents. In this subsection,
7-46 "hardship" means any reduction in groundwater withdrawal that
7-47 would:
7-48 (1) cause the city to have an inadequate supply of
7-49 water for its residents; or
7-50 (2) cause an increase of 50 percent or more in water
7-51 rates for the city or its residents.
7-52 Sec. 151.127. ANNUAL REPORTS. Before January 31 of each
7-53 year, each owner of a well who holds a permit under this chapter
7-54 shall submit to the board a report stating:
7-55 (1) the name of the owner of the well;
7-56 (2) the total amount of groundwater produced by the
7-57 well during the immediately preceding 12-month period;
7-58 (3) the total amount of groundwater produced by the
7-59 well during each separate month of the immediately preceding
7-60 12-month period;
7-61 (4) the purpose for which the groundwater was used;
7-62 and
7-63 (5) any other information considered necessary by the
7-64 board.
7-65 Sec. 151.128. PERMIT FEE. (a) At the time of issuance or
7-66 renewal of a permit, the board shall collect from the applicant a
7-67 permit fee, established by a schedule based on the term of the
7-68 permit and the maximum annual amount of groundwater authorized by
7-69 the board to be withdrawn from the well.
7-70 (b) The rate of the fee to be collected by the board under
8-1 this section shall be determined by the board after a hearing. The
8-2 rate of the fee may not exceed 110 percent of the highest rate
8-3 charged by the city of Houston for surface water supplied to its
8-4 customers in the district.
8-5 (c) The rate of the permit fee applicable to any well used
8-6 for the irrigation of agricultural crops shall be the lowest of:
8-7 (1) 70 percent of the lowest rate established under
8-8 Subsection (b) of this section;
8-9 (2) 70 percent of one cent for each thousand gallons
8-10 authorized to be withdrawn, provided that the board may adjust the
8-11 one cent for each thousand gallons each year after 1992 to account
8-12 for increases, if any, in the most recently published Consumer
8-13 Price Index for All Urban Consumers (Houston, Texas, Average), as
8-14 determined by the United States Department of Labor, Bureau of
8-15 Labor Statistics, for All Items; or
8-16 (3) the rate established in accordance with Subsection
8-17 (d) of this section.
8-18 (d) Using information prepared by the United States
8-19 Geological Survey, which shall be presumed correct, the board, at a
8-20 hearing held in accordance with Section 151.072 of this code, shall
8-21 calculate and determine the difference between water wells pumped
8-22 for irrigation of agricultural crops and water wells pumped for
8-23 other purposes in terms of their relative contribution to
8-24 subsidence, expressed as a percentage. The rate of the fee for
8-25 wells used for irrigation of agricultural crops shall be sufficient
8-26 for the total of those fees to contribute to the fee revenue of the
8-27 district the same percentage as the agricultural use contributes to
8-28 subsidence.
8-29 (e) The funds obtained from the permit fees collected under
8-30 this section shall be used to cover the costs of the board in
8-31 issuing permits and performing other regulatory functions of the
8-32 district.
8-33 Sec. 151.129. LIMITATIONS ON CONVERSION TO SURFACE WATER.
8-34 (a) The board may not issue an order requiring a person to
8-35 completely or partially discontinue the use of groundwater unless
8-36 the person is able to acquire a water supply that is composed of
8-37 surface water needed to replace the water supply covered by the
8-38 order. This section does not limit the board's authority to issue
8-39 orders and rules requiring a person to reduce groundwater use by
8-40 eliminating waste or implementing water conservation.
8-41 (b) If the person covered by an order under this section
8-42 acquires an alternative water supply to fulfill the needs created
8-43 by the board's order under this section and files with the
8-44 commission a written request for monitoring of the alternative
8-45 supply, the commission shall monitor annually from the date of
8-46 request to the expiration of the annual permit the water delivered
8-47 to the person covered by the order to determine the percentage of
8-48 that water that is surface water and the percentage of that water
8-49 that is groundwater.
8-50 (c) The water deliveries must be monitored at random times
8-51 at all points of connection between the purchaser's and seller's
8-52 water systems. Samples taken through monitoring must be analyzed
8-53 by water chemists employed by or contracting with the commission.
8-54 The water chemist making each analysis shall issue a certified
8-55 written analysis of the percentages of surface water and
8-56 groundwater included in the sample.
8-57 (d) Not later than the 15th day after the last day of each
8-58 permit year, the commission shall issue an annual certified written
8-59 analysis based on all of the samples collected that will state the
8-60 annual average percentage of surface water and the annual average
8-61 percentage of groundwater provided to the purchaser by the seller
8-62 for that permit year. In addition to the percentage of groundwater
8-63 authorized to be used by the board's order, the person may use in
8-64 the current permit year an additional percentage of groundwater
8-65 that is equal to a percentage derived by multiplying the annual
8-66 average percentage of groundwater delivered to that person during
8-67 the preceding permit year by the total percentage of alternative
8-68 water supply mandated by the board's order for the current year.
8-69 (e) The commission shall assess reasonable fees to cover the
8-70 costs of the water sampling and analysis, one-half to the water
9-1 purchaser and one-half to the water seller. On request, the
9-2 commission shall make results of the analysis available to the
9-3 purchaser, the seller, or the board.
9-4 (f) In this section, "alternative water supply" means a
9-5 water supply that it is necessary for the person to acquire from
9-6 sources other than the person's own groundwater supply to comply
9-7 with the board's order.
9-8 (Sections 151.130-151.160 reserved for expansion
9-9 SUBCHAPTER E. APPEALS; PENALTIES
9-10 Sec. 151.161. APPEAL OF SURFACE WATER RATES. If a person
9-11 required to convert to surface water purchases that water supply
9-12 wholesale from a political subdivision as defined by Section
9-13 12.013(b) of this code, the rates charged by the political
9-14 subdivision to that person may be appealed to the commission under
9-15 Chapter 12 of this code, and the rules adopted under that chapter
9-16 apply to appeals under this section. The commission shall convene
9-17 the hearing on the appeal not later than the 180th day after the
9-18 date on which the appeal is filed with the commission and shall
9-19 render a final decision on the appeal not later than the 60th day
9-20 following the date on which the hearing ends.
9-21 Sec. 151.162. APPEAL OF DISTRICT ACTIONS. (a) A rule,
9-22 order, or other official action of the district under this chapter
9-23 may be appealed to a district court in any county in the district
9-24 by a person who is adversely affected. An appeal under this
9-25 section must be filed within 45 days after the rule, order, or
9-26 other official action appealed from is adopted or taken.
9-27 (b) On written request of a person residing in or owning
9-28 real property in the district, the board shall make written
9-29 findings and conclusions with respect to a rule, order, or other
9-30 official action of the district and provide certified copies of
9-31 those findings and conclusions to the requesting person not later
9-32 than the 35th day after the date on which the board received the
9-33 written request.
9-34 (c) The review on appeal under this section is governed by
9-35 the substantial evidence rule as defined by Section 19(e),
9-36 Administrative Procedure and Texas Register Act (Article 6252-13a,
9-37 Vernon's Texas Civil Statutes).
9-38 (d) For purposes of this section, "a person who is adversely
9-39 affected" includes a person residing in or owning real property in
9-40 the district whose residence or real property is subsiding.
9-41 Sec. 151.163. APPEAL OF CERTAIN DISTRICT ACTIONS TO THE
9-42 COMMISSION. (a) As an alternative to the appeal provided in
9-43 Section 151.162 of this code, a person who is granted a permit
9-44 authorizing withdrawal of groundwater in an amount less than
9-45 requested by that person may appeal the board's final decision to
9-46 the commission. The appeal shall be filed not later than the 60th
9-47 day after the date on which the board issues its final order. A
9-48 person shall be informed in the notice of public hearing when an
9-49 order to convert to surface water is to be considered.
9-50 (b) On written request of the person proposing to appeal an
9-51 order under this section, the board shall make written findings and
9-52 conclusions with respect to the order and shall provide certified
9-53 copies of the findings and conclusions to the requesting person not
9-54 later than the 35th day after the date on which the board received
9-55 the written request.
9-56 (c) The effect of a board order is stayed until the decision
9-57 of the commission in an appeal under this section is final.
9-58 (d) The review on appeal by the commission under this
9-59 section is governed by the substantial evidence rule as defined by
9-60 Section 19(e), Administrative Procedure and Texas Register Act
9-61 (Article 6252-13a, Vernon's Texas Civil Statutes).
9-62 (e) The commission may adopt necessary rules to carry out
9-63 this section.
9-64 (f) An appeal from a final decision of the commission is to
9-65 a district court in Travis County. Any party to the proceedings
9-66 before the commission may appeal a decision of the district court
9-67 in the manner provided for other civil actions, but a party
9-68 appealing a decision of a district court is not required to provide
9-69 an appeal bond.
9-70 (g) The review of a commission order on appeal shall be
10-1 under the substantial evidence rule.
10-2 (h) Under this section, the commission may adopt and assess
10-3 reasonable and necessary fees adequate to recover the costs of the
10-4 commission in administering this section.
10-5 Sec. 151.164. PENALTIES. (a) If it appears that a person
10-6 has violated or is violating or threatening to violate this
10-7 chapter, or any rule, permit, or other order of the district issued
10-8 or adopted under this chapter, the district may file a civil suit
10-9 in a district court in the district for:
10-10 (1) injunctive relief to restrain the person from
10-11 continuing the violation or threat of violation;
10-12 (2) the assessment and recovery of a civil penalty of
10-13 not less than $50 nor more than $5,000 for each violation and for
10-14 each day of violation; or
10-15 (3) both injunctive relief and civil penalties.
10-16 (b) On application for injunctive relief and a finding that
10-17 a person is violating or threatening to violate a provision of this
10-18 chapter or a rule, permit, or other order of the district under
10-19 this chapter, the district court shall grant any injunctive relief
10-20 the facts may warrant.
10-21 (c) At the request of the board, or the general manager if
10-22 authorized by the board, the attorney general shall institute and
10-23 conduct a suit in the name of the district for injunctive relief or
10-24 to recover a civil penalty or for both injunctive relief and
10-25 penalty as authorized by this section.
10-26 (d) The district is not required to post bond or other
10-27 security with the court.
10-28 SECTION 2. The following acts are repealed:
10-29 (1) Chapter 284, Acts of the 64th Legislature, Regular
10-30 Session, 1975;
10-31 (2) Chapter 557, Acts of the 65th Legislature, Regular
10-32 Session, 1977; and
10-33 (3) Chapter 1107, Acts of the 70th Legislature,
10-34 Regular Session, 1987.
10-35 SECTION 3. (a) If an Act amending and consolidating the
10-36 laws relating to conservation and reclamation districts is passed
10-37 by the 73rd Legislature, Regular Session, 1993, and finally becomes
10-38 law:
10-39 (1) a reference in Section 151.003(b), Water Code, as
10-40 added by this Act, to Sections 55.730-55.744, Water Code, is a
10-41 reference to Subchapter I, Chapter 49, Water Code; and
10-42 (2) a reference in Section 151.005(a), Water Code, as
10-43 added by this Act, to Chapter 50, Water Code, is a reference to
10-44 Chapter 49, Water Code.
10-45 (b) If an Act described by Subsection (a) of this section
10-46 does not become law, this section has no effect.
10-47 SECTION 4. The powers, duties, rights, and obligations of
10-48 the Texas Natural Resource Conservation Commission under this Act
10-49 are the powers, duties, rights, and obligations of the Texas Water
10-50 Commission or its successor if:
10-51 (1) the change in name of the Texas Water Commission
10-52 to the Texas Natural Resource Conservation Commission does not take
10-53 effect as provided by Section 1.085, Chapter 3, Acts of the 72nd
10-54 Legislature, 1st Called Session, 1991;
10-55 (2) the transfer of the powers, duties, rights, and
10-56 obligations of the Texas Water Commission to the Texas Natural
10-57 Resource Conservation Commission does not take effect as provided
10-58 by Chapter 3, Acts of the 72nd Legislature, 1st Called Session,
10-59 1991; or
10-60 (3) the 73rd Legislature does not pass an Act that
10-61 becomes law and provides for the transfer of certain powers,
10-62 duties, rights, and obligations of the Texas Water Commission to
10-63 the Texas Natural Resource Conservation Commission on or before
10-64 September 1, 1993.
10-65 SECTION 5. This Act takes effect September 1, 1993.
10-66 SECTION 6. The importance of this legislation and the
10-67 crowded condition of the calendars in both houses create an
10-68 emergency and an imperative public necessity that the
10-69 constitutional rule requiring bills to be read on three several
10-70 days in each house be suspended, and this rule is hereby suspended.
11-1 * * * * *
11-2 Austin,
11-3 Texas
11-4 May 7, 1993
11-5 Hon. Bob Bullock
11-6 President of the Senate
11-7 Sir:
11-8 We, your Committee on Natural Resources to which was referred H.B.
11-9 No. 2209, have had the same under consideration, and I am
11-10 instructed to report it back to the Senate with the recommendation
11-11 that it do pass and be printed.
11-12 Sims,
11-13 Chairman
11-14 * * * * *
11-15 WITNESSES
11-16 FOR AGAINST ON
11-17 FOR AGAINST ON
11-18 ___________________________________________________________________
11-19 ___________________________________________________________________
11-20 Name: Greg Ellis x
11-21 Representing: Harris-Galveston Coastal Subsi
11-22 City: Friendswood
11-23 -------------------------------------------------------------------