73R7460 MLR-D
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, Nolan, and
1-9 Scurry counties, subject to approval at a confirmation election
1-10 under Section 8 of this Act. The district is a governmental agency
1-11 and a 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, Nolan, 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 eight directors, with two directors elected
2-17 from each county.
2-18 (b) Four initial directors serve until the eight 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) Randal Bankhead;
3-8 (2) Max Drum;
3-9 (3) Brent Murphy; and
3-10 (4) David Stubblefield.
3-11 (b) If an initial director fails to qualify for office, the
3-12 initial directors who have qualified shall appoint a person to fill
3-13 the vacancy. If at any time there are fewer than three qualified
3-14 temporary directors, the Texas Water Commission shall appoint the
3-15 necessary number of persons to fill all vacancies on the board.
3-16 SECTION 8. CONFIRMATION AND PERMANENT DIRECTORS' ELECTION.
3-17 (a) Not later than 30 days after the effective date of this Act,
3-18 the initial board of directors shall call an election to confirm
3-19 establishment of the district and the district's taxing authority,
3-20 to elect eight permanent directors as provided by Chapter 51, Water
3-21 Code, and its subsequent amendments, and to submit any other
3-22 propositions required by the initial board of directors. The
3-23 election shall be held not less than 60 days and not more than 90
3-24 days after the election is called.
3-25 (b) Section 41.001(a), Election Code, and its subsequent
3-26 amendments, does not apply to a confirmation election held as
3-27 provided by this section.
4-1 (c) Only qualified voters who reside in the district may
4-2 vote in the election.
4-3 (d) Notice of the election shall be published at least twice
4-4 in a newspaper of general circulation in the district, not less
4-5 than 30 days and not less than 10 days respectively, before the
4-6 date of the election.
4-7 (e) Returns of the election shall be made to the initial
4-8 board of directors of the district and the directors shall canvass
4-9 those returns and declare the results of the election.
4-10 (f) A hearing may not be held to determine whether any land
4-11 included within the boundaries of the district should be excluded.
4-12 SECTION 9. ELECTION OF DIRECTORS. On the first Saturday in
4-13 May of the second year after the year in which the confirmation
4-14 election is held, an election shall be held in the district for the
4-15 election of one director from each county who shall serve a
4-16 two-year term and one director from each county who shall serve a
4-17 four-year term. Thereafter, on the same date in each subsequent
4-18 second year, the appropriate number of directors shall be elected
4-19 to the board.
4-20 SECTION 10. ADDITIONAL POWERS AND DUTIES OF DISTRICT. (a)
4-21 The district, through its board of directors, by rule may provide
4-22 for conservation, preservation, protection, recharge, and
4-23 prevention of waste of water from underground water reservoirs.
4-24 The district may enforce the rules by an injunction, mandatory
4-25 injunction, or other appropriate remedy in a court of competent
4-26 jurisdiction.
4-27 (b) The district may require permits for drilling,
5-1 equipping, and completion of wells in the underground water
5-2 reservoirs and issue permits subject to terms and provisions with
5-3 reference to the drilling, equipping, and completion of the wells
5-4 as may be necessary to prevent waste or conserve, preserve, and
5-5 protect underground water.
5-6 (c) The district by rule may provide for the spacing of
5-7 wells producing from the underground water reservoirs and regulate
5-8 the production from those wells to minimize as far as practicable
5-9 the drawdown of the water table or the reduction of the artesian
5-10 pressure. However, the owner of the land and the owner's heirs,
5-11 assigns, and lessees may not be denied a permit to drill a well on
5-12 their land or the right to produce underground water from that well
5-13 subject to rules adopted under this Act.
5-14 (d) The district may require records to be kept and a report
5-15 to be made of the drilling, equipping, and completion of a well
5-16 into an underground water reservoir and the taking and use of
5-17 underground water from the reservoir. The district may require
5-18 accurate driller's logs to be kept of those wells and require that
5-19 a copy of those logs and of any electric logs made of the wells be
5-20 filed with the district.
5-21 (e) The district may acquire land to erect dams or to drain
5-22 lakes, draws, and depressions and may construct dams, drain lakes,
5-23 depressions, draws, and creeks and install pumps and other
5-24 equipment necessary to recharge any underground water reservoir.
5-25 (f) The district may have a survey made by a registered
5-26 professional engineer of the underground water of any underground
5-27 water reservoir or of the facilities for the development,
6-1 production, and use of that underground water so that the district
6-2 may determine the quantity of the underground water available for
6-3 production and use and the improvements, developments, and
6-4 recharges needed for the underground water reservoir.
6-5 (g) The district may develop comprehensive plans for the
6-6 most efficient use of the underground water of any underground
6-7 water reservoir and for the control and prevention of waste of that
6-8 underground water. The plans may be as detailed as practicable in
6-9 specifying the acts, procedure, performance, and avoidance
6-10 necessary to effect those plans.
6-11 (h) The district may conduct research projects, develop
6-12 information, and determine any limitations that should be made on
6-13 the withdrawal of underground water from an underground water
6-14 reservoir.
6-15 (i) The district may collect and preserve information
6-16 regarding the use of the underground water and the practicability
6-17 of recharge of an underground water reservoir.
6-18 (j) The district may publish plans and information, bring
6-19 them to the attention of underground water users in the district,
6-20 and encourage their adoption and execution.
6-21 (k) The district may contract for, sell, and distribute
6-22 water from a water import authority, or other agency.
6-23 (l) Additional territory may be added to the district.
6-24 SECTION 11. TAX AND BOND PROVISIONS. (a) The bond
6-25 provisions of Chapter 52, Water Code, and its subsequent
6-26 amendments, apply to the district.
6-27 (b) The district may not levy or collect taxes on property
7-1 in the district at a rate greater than five cents on the $100
7-2 assessed valuation.
7-3 SECTION 12. DISSOLUTION OF DISTRICT. Chapter 52, Water
7-4 Code, and its subsequent amendments, applies to dissolution of the
7-5 district.
7-6 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
7-7 (a) The proper and legal notice of the intention to introduce this
7-8 Act, setting forth the general substance of this Act, has been
7-9 published as provided by law, and the notice and a copy of this Act
7-10 have been furnished to all persons, agencies, officials, or
7-11 entities to which they are required to be furnished by the
7-12 constitution and other laws of this state, including the governor,
7-13 who has submitted the notice and Act to the Texas Water Commission.
7-14 (b) The Texas Water Commission has filed its recommendations
7-15 relating to this Act with the governor, lieutenant governor, and
7-16 speaker of the house of representatives within the required time.
7-17 (c) All requirements of the constitution and laws of this
7-18 state and the rules and procedures of the legislature with respect
7-19 to the notice, introduction, and passage of this Act are fulfilled
7-20 and accomplished.
7-21 SECTION 14. Emergency. The importance of this legislation
7-22 and the crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended,
7-26 and that this Act take effect and be in force from and after its
7-27 passage, and it is so enacted.
8-1 COMMITTEE AMENDMENT NO. 1
8-2 Amend H.B. No. 2820 as follows:
8-3 (1) On page 1, line 8, strike "Nolan,".
8-4 (2) On page 1, line 18, strike "Nolan,".
8-5 (3) On page 2, lines 16 and 18, strike "eight" and
8-6 substitute "six".
8-7 (4) On page 2, line 18, strike "Four" and substitute
8-8 "Three".
8-9 (5) On page 3, strike line 7 and renumber remaining
8-10 subdivisions appropriately.
8-11 (6) On page 3, line 13, strike "three" and substitute "two".
8-12 (7) On page 3, line 20, strike "eight" and substitute "six".
8-13 73R9394 MLR-D Lewis
8-14 COMMITTEE AMENDMENT NO. 2
8-15 Amend HB 2820 as follows:
8-16 (1) On page 5, lines 21-24, delete Subsection (e), and
8-17 renumber subsequent subsections accordingly.
8-18 Lewis