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.