By Junell, et al. H.B. No. 2820
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Rolling Plains Underground Water
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Creation. (a) A conservation and reclamation
1-7 district, to be known as the Rolling Plains Underground Water
1-8 Conservation District, is created in Borden, Mitchell, and Scurry
1-9 counties, subject to approval at a confirmation election under
1-10 Section 8 of this Act. The district is a governmental agency and a
1-11 body politic and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Article XVI, Section 59, of the Texas
1-14 Constitution.
1-15 SECTION 2. Definition. In this Act, "district" means the
1-16 Rolling Plains Underground Water Conservation District.
1-17 SECTION 3. Boundaries. The boundaries of the district are
1-18 coextensive with Borden, Mitchell, and Scurry counties.
1-19 SECTION 4. FINDING OF BENEFIT. (a) All of the land and
1-20 other property included within the boundaries of the district will
1-21 be benefited by the works and projects that are to be accomplished
1-22 by the district under powers conferred by Article XVI, Section 59,
1-23 of the Texas Constitution.
1-24 (b) The district is created to serve a public use and
2-1 benefit by providing for the conservation, preservation,
2-2 protection, recharge, and prevention of waste of the underground
2-3 water reservoirs located in the district.
2-4 SECTION 5. POWERS. (a) The district has all of the rights,
2-5 powers, privileges, authority, functions, and duties provided by
2-6 the general law of this state, including Chapters 51 and 52, Water
2-7 Code, and their subsequent amendments, applicable to underground
2-8 water conservation districts created under Article XVI, Section 59,
2-9 of the Texas Constitution. This Act prevails over any provision of
2-10 general law that is in conflict or inconsistent with this Act.
2-11 (b) The rights, powers, privileges, authority, functions,
2-12 and duties of the district are subject to the continuing right of
2-13 supervision of the state to be exercised by and through the Texas
2-14 Water Commission.
2-15 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-16 governed by a board of six directors, with two directors elected
2-17 from each county.
2-18 (b) Three initial directors serve until the six permanent
2-19 directors are elected under Section 8.
2-20 (c) The directors shall elect a presiding officer from among
2-21 the directors. The presiding officer may vote only to break a tie
2-22 vote of the other members of the board.
2-23 (d) Each initial or permanent director must qualify to serve
2-24 as director in the manner provided by Section 54.025 or 54.116, and
2-25 Section 54.102, Water Code, and their subsequent amendments, as
2-26 appropriate.
2-27 (e) To qualify for election as a director from a county a
3-1 person must own land subject to taxation in the county from which
3-2 the person is elected.
3-3 (f) A director serves until the director's successor has
3-4 qualified.
3-5 SECTION 7. INITIAL DIRECTORS. (a) The initial board of
3-6 directors is composed of:
3-7 (1) Max Drum;
3-8 (2) Brent Murphy; and
3-9 (3) David Stubblefield.
3-10 (b) If an initial director fails to qualify for office, the
3-11 initial directors who have qualified shall appoint a person to fill
3-12 the vacancy. If at any time there are fewer than two qualified
3-13 temporary directors, the Texas Water Commission shall appoint the
3-14 necessary number of persons to fill all vacancies on the board.
3-15 SECTION 8. CONFIRMATION AND PERMANENT DIRECTORS' ELECTION.
3-16 (a) Not later than 30 days after the effective date of this Act,
3-17 the initial board of directors shall call an election to confirm
3-18 establishment of the district and the district's taxing authority,
3-19 to elect six permanent directors as provided by Chapter 51, Water
3-20 Code, and its subsequent amendments, and to submit any other
3-21 propositions required by the initial board of directors. The
3-22 election shall be held not less than 60 days and not more than 90
3-23 days after the election is called.
3-24 (b) Section 41.001(a), Election Code, and its subsequent
3-25 amendments, does not apply to a confirmation election held as
3-26 provided by this section.
3-27 (c) Only qualified voters who reside in the district may
4-1 vote in the election.
4-2 (d) Notice of the election shall be published at least twice
4-3 in a newspaper of general circulation in the district, not less
4-4 than 30 days and not less than 10 days respectively, before the
4-5 date of the election.
4-6 (e) Returns of the election shall be made to the initial
4-7 board of directors of the district and the directors shall canvass
4-8 those returns and declare the results of the election.
4-9 (f) A hearing may not be held to determine whether any land
4-10 included within the boundaries of the district should be excluded.
4-11 SECTION 9. ELECTION OF DIRECTORS. On the first Saturday in
4-12 May of the second year after the year in which the confirmation
4-13 election is held, an election shall be held in the district for the
4-14 election of one director from each county who shall serve a
4-15 two-year term and one director from each county who shall serve a
4-16 four-year term. Thereafter, on the same date in each subsequent
4-17 second year, the appropriate number of directors shall be elected
4-18 to the board.
4-19 SECTION 10. ADDITIONAL POWERS AND DUTIES OF DISTRICT. (a)
4-20 The district, through its board of directors, by rule may provide
4-21 for conservation, preservation, protection, recharge, and
4-22 prevention of waste of water from underground water reservoirs.
4-23 The district may enforce the rules by an injunction, mandatory
4-24 injunction, or other appropriate remedy in a court of competent
4-25 jurisdiction.
4-26 (b) The district may require permits for drilling,
4-27 equipping, and completion of wells in the underground water
5-1 reservoirs and issue permits subject to terms and provisions with
5-2 reference to the drilling, equipping, and completion of the wells
5-3 as may be necessary to prevent waste or conserve, preserve, and
5-4 protect underground water.
5-5 (c) The district by rule may provide for the spacing of
5-6 wells producing from the underground water reservoirs and regulate
5-7 the production from those wells to minimize as far as practicable
5-8 the drawdown of the water table or the reduction of the artesian
5-9 pressure. However, the owner of the land and the owner's heirs,
5-10 assigns, and lessees may not be denied a permit to drill a well on
5-11 their land or the right to produce underground water from that well
5-12 subject to rules adopted under this Act.
5-13 (d) The district may require records to be kept and a report
5-14 to be made of the drilling, equipping, and completion of a well
5-15 into an underground water reservoir and the taking and use of
5-16 underground water from the reservoir. The district may require
5-17 accurate driller's logs to be kept of those wells and require that
5-18 a copy of those logs and of any electric logs made of the wells be
5-19 filed with the district.
5-20 (e) The district may have a survey made by a registered
5-21 professional engineer of the underground water of any underground
5-22 water reservoir or of the facilities for the development,
5-23 production, and use of that underground water so that the district
5-24 may determine the quantity of the underground water available for
5-25 production and use and the improvements, developments, and
5-26 recharges needed for the underground water reservoir.
5-27 (f) The district may develop comprehensive plans for the
6-1 most efficient use of the underground water of any underground
6-2 water reservoir and for the control and prevention of waste of that
6-3 underground water. The plans may be as detailed as practicable in
6-4 specifying the acts, procedure, performance, and avoidance
6-5 necessary to effect those plans.
6-6 (g) The district may conduct research projects, develop
6-7 information, and determine any limitations that should be made on
6-8 the withdrawal of underground water from an underground water
6-9 reservoir.
6-10 (h) The district may collect and preserve information
6-11 regarding the use of the underground water and the practicability
6-12 of recharge of an underground water reservoir.
6-13 (i) The district may publish plans and information, bring
6-14 them to the attention of underground water users in the district,
6-15 and encourage their adoption and execution.
6-16 (j) The district may contract for, sell, and distribute
6-17 water from a water import authority, or other agency.
6-18 (k) Additional territory may be added to the district.
6-19 SECTION 11. TAX AND BOND PROVISIONS. (a) The bond
6-20 provisions of Chapter 52, Water Code, and its subsequent
6-21 amendments, apply to the district.
6-22 (b) The district may not levy or collect taxes on property
6-23 in the district at a rate greater than five cents on the $100
6-24 assessed valuation.
6-25 SECTION 12. DISSOLUTION OF DISTRICT. Chapter 52, Water
6-26 Code, and its subsequent amendments, applies to dissolution of the
6-27 district.
7-1 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
7-2 (a) The proper and legal notice of the intention to introduce this
7-3 Act, setting forth the general substance of this Act, has been
7-4 published as provided by law, and the notice and a copy of this Act
7-5 have been furnished to all persons, agencies, officials, or
7-6 entities to which they are required to be furnished by the
7-7 constitution and other laws of this state, including the governor,
7-8 who has submitted the notice and Act to the Texas Water Commission.
7-9 (b) The Texas Water Commission has filed its recommendations
7-10 relating to this Act with the governor, lieutenant governor, and
7-11 speaker of the house of representatives within the required time.
7-12 (c) All requirements of the constitution and laws of this
7-13 state and the rules and procedures of the legislature with respect
7-14 to the notice, introduction, and passage of this Act are fulfilled
7-15 and accomplished.
7-16 SECTION 14. Emergency. The importance of this legislation
7-17 and the crowded condition of the calendars in both houses create an
7-18 emergency and an imperative public necessity that the
7-19 constitutional rule requiring bills to be read on three several
7-20 days in each house be suspended, and this rule is hereby suspended,
7-21 and that this Act take effect and be in force from and after its
7-22 passage, and it is so enacted.