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