1-1 By: Junell, et al. (Senate Sponsor - Sims) H.B. No. 2820 1-2 (In the Senate - Received from the House May 10, 1993; 1-3 May 11, 1993, read first time and referred to Committee on Natural 1-4 Resources; May 21, 1993, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 8, Nays 0; 1-6 May 21, 1993, sent to printer.) 1-7 COMMITTEE VOTE 1-8 Yea Nay PNV Absent 1-9 Sims x 1-10 Truan x 1-11 Armbrister x 1-12 Barrientos x 1-13 Bivins x 1-14 Brown x 1-15 Carriker x 1-16 Lucio x 1-17 Montford x 1-18 Ratliff x 1-19 Shelley x 1-20 COMMITTEE SUBSTITUTE FOR H.B. No. 2820 By: Sims 1-21 A BILL TO BE ENTITLED 1-22 AN ACT 1-23 relating to the creation, administration, powers, duties, 1-24 operation, and financing of the Rolling Plains Underground Water 1-25 Conservation District. 1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-27 SECTION 1. Creation. (a) A conservation and reclamation 1-28 district, to be known as the Rolling Plains Underground Water 1-29 Conservation District, is created in Borden, Mitchell, and Scurry 1-30 counties, subject to approval at a confirmation election under 1-31 Section 8 of this Act. The district is a governmental agency and a 1-32 body politic and corporate. 1-33 (b) The district is created under and is essential to 1-34 accomplish the purposes of Article XVI, Section 59, of the Texas 1-35 Constitution. 1-36 SECTION 2. Definition. In this Act, "district" means the 1-37 Rolling Plains Underground Water Conservation District. 1-38 SECTION 3. Boundaries. The boundaries of the district are 1-39 coextensive with Borden, Mitchell, and Scurry counties. 1-40 SECTION 4. FINDING OF BENEFIT. (a) All of the land and 1-41 other property included within the boundaries of the district will 1-42 be benefited by the works and projects that are to be accomplished 1-43 by the district under powers conferred by Article XVI, Section 59, 1-44 of the Texas Constitution. 1-45 (b) The district is created to serve a public use and 1-46 benefit by providing for the conservation, preservation, 1-47 protection, recharge, and prevention of waste of the underground 1-48 water reservoirs located in the district. 1-49 SECTION 5. POWERS. (a) The district has all of the rights, 1-50 powers, privileges, authority, functions, and duties provided by 1-51 the general law of this state, including Chapters 50 through 52, 1-52 Water Code, and their subsequent amendments, applicable to 1-53 underground water conservation districts created under Article XVI, 1-54 Section 59, of the Texas Constitution. This Act prevails over any 1-55 provision of general law that is in conflict or inconsistent with 1-56 this Act. 1-57 (b) The rights, powers, privileges, authority, functions, 1-58 and duties of the district are subject to the continuing right of 1-59 supervision of the state to be exercised by and through the Texas 1-60 Water Commission. 1-61 SECTION 6. BOARD OF DIRECTORS. (a) The district is 1-62 governed by a board of six directors, with two directors elected 1-63 from each county. 1-64 (b) Three initial directors serve until the permanent 1-65 directors are elected under Section 8. 1-66 (c) The directors shall elect a presiding officer from among 1-67 the directors. The presiding officer may vote only to break a tie 1-68 vote of the other members of the board. 2-1 (d) Each initial or permanent director must qualify to serve 2-2 as director in the manner provided by Section 54.025 or 54.116, and 2-3 Section 54.102, Water Code, and their subsequent amendments, as 2-4 appropriate. 2-5 (e) To qualify for election as a director from a county a 2-6 person must own land subject to taxation in the county from which 2-7 the person is elected. 2-8 (f) A director serves until the director's successor has 2-9 qualified. 2-10 SECTION 7. INITIAL DIRECTORS. (a) The initial board of 2-11 directors is composed of: 2-12 (1) Max Drum; 2-13 (2) Brent Murphy; and 2-14 (3) David Stubblefield. 2-15 (b) If an initial director fails to qualify for office, the 2-16 initial directors who have qualified shall appoint a person to fill 2-17 the vacancy. If at any time there are fewer than two qualified 2-18 temporary directors, the Texas Water Commission shall appoint the 2-19 necessary number of persons to fill all vacancies on the board. 2-20 SECTION 8. CONFIRMATION AND PERMANENT DIRECTORS' ELECTION. 2-21 (a) Not later than one year after the effective date of this Act, 2-22 the initial board of directors shall call an election to confirm 2-23 establishment of the district and the district's taxing authority, 2-24 to elect six permanent directors as provided by Chapter 51, Water 2-25 Code, and its subsequent amendments, and to submit any other 2-26 propositions required by the initial board of directors. The 2-27 election shall be held not less than 60 days and not more than 90 2-28 days after the election is called. 2-29 (b) Section 41.001(a), Election Code, and its subsequent 2-30 amendments, does not apply to a confirmation election held as 2-31 provided by this section. 2-32 (c) Only qualified voters who reside in the district may 2-33 vote in the election. 2-34 (d) Notice of the election shall be published at least twice 2-35 in a newspaper of general circulation in the district, not less 2-36 than 30 days and not less than 10 days respectively, before the 2-37 date of the election. 2-38 (e) Returns of the election shall be made to the initial 2-39 board of directors of the district and the directors shall canvass 2-40 those returns and declare the results of the election. 2-41 SECTION 9. ELECTION OF DIRECTORS. On the first Saturday in 2-42 May of the second year after the year in which the district is 2-43 confirmed, an election shall be held in the district for the 2-44 election of one director from each county who shall serve a 2-45 two-year term and one director from each county who shall serve a 2-46 four-year term. Thereafter, on the same date in each subsequent 2-47 second year, the appropriate number of directors shall be elected 2-48 to the board. Directors shall serve staggered four-year terms. 2-49 SECTION 10. ADDITIONAL POWERS AND DUTIES OF DISTRICT. 2-50 (a) The district, through its board of directors, by rule may 2-51 provide for conservation, preservation, protection, recharge, and 2-52 prevention of waste of water from underground water reservoirs. 2-53 The district may enforce the rules by an injunction, mandatory 2-54 injunction, or other appropriate remedy in a court of competent 2-55 jurisdiction. 2-56 (b) The district may require permits for drilling, 2-57 equipping, and completion of wells in the underground water 2-58 reservoirs and issue permits subject to terms and provisions with 2-59 reference to the drilling, equipping, and completion of the wells 2-60 as may be necessary to prevent waste or conserve, preserve, and 2-61 protect underground water. 2-62 (c) The district by rule may provide for the spacing of 2-63 wells producing from the underground water reservoirs and regulate 2-64 the production from those wells to minimize as far as practicable 2-65 the drawdown of the water table or the reduction of the artesian 2-66 pressure. However, the owner of the land and the owner's heirs, 2-67 assigns, and lessees may not be denied a permit to drill a well on 2-68 their land or the right to produce underground water from that well 2-69 subject to rules adopted under this Act. 2-70 (d) The district may require records to be kept and a report 3-1 to be made of the drilling, equipping, and completion of a well 3-2 into an underground water reservoir and the taking and use of 3-3 underground water from the reservoir. The district may require 3-4 accurate driller's logs to be kept of those wells and require that 3-5 a copy of those logs and of any electric logs made of the wells be 3-6 filed with the district. 3-7 (e) The district may have a survey made by a registered 3-8 professional engineer of the underground water of any underground 3-9 water reservoir or of the facilities for the development, 3-10 production, and use of that underground water so that the district 3-11 may determine the quantity of the underground water available for 3-12 production and use and the improvements, developments, and 3-13 recharges needed for the underground water reservoir. 3-14 (f) The district may develop comprehensive plans for the 3-15 most efficient use of the underground water of any underground 3-16 water reservoir and for the control and prevention of waste of that 3-17 underground water. The plans may be as detailed as practicable in 3-18 specifying the acts, procedure, performance, and avoidance 3-19 necessary to effect those plans. 3-20 (g) The district may conduct research projects, develop 3-21 information, and determine any limitations that should be made on 3-22 the withdrawal of underground water from an underground water 3-23 reservoir. 3-24 (h) The district may collect and preserve information 3-25 regarding the use of the underground water and the practicability 3-26 of recharge of an underground water reservoir. 3-27 (i) The district may publish plans and information, bring 3-28 them to the attention of underground water users in the district, 3-29 and encourage their adoption and execution. 3-30 (j) The district may contract for, sell, and distribute 3-31 water from a water import authority, or other agency. 3-32 (k) Additional territory may be added to the district. 3-33 SECTION 11. TAX AND BOND PROVISIONS. (a) The bond 3-34 provisions of Chapter 52, Water Code, and its subsequent 3-35 amendments, apply to the district. 3-36 (b) The district may not levy or collect taxes on property 3-37 in the district at a rate greater than five cents on the $100 3-38 assessed valuation. The district may use tax revenues only to pay 3-39 for the maintenance and operation of the district. 3-40 SECTION 12. DISSOLUTION OF DISTRICT. Chapter 52, Water 3-41 Code, and its subsequent amendments, applies to dissolution of the 3-42 district. 3-43 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 3-44 (a) The proper and legal notice of the intention to introduce this 3-45 Act, setting forth the general substance of this Act, has been 3-46 published as provided by law, and the notice and a copy of this Act 3-47 have been furnished to all persons, agencies, officials, or 3-48 entities to which they are required to be furnished by the 3-49 constitution and other laws of this state, including the governor, 3-50 who has submitted the notice and Act to the Texas Water Commission. 3-51 (b) The Texas Water Commission has filed its recommendations 3-52 relating to this Act with the governor, lieutenant governor, and 3-53 speaker of the house of representatives within the required time. 3-54 (c) All requirements of the constitution and laws of this 3-55 state and the rules and procedures of the legislature with respect 3-56 to the notice, introduction, and passage of this Act are fulfilled 3-57 and accomplished. 3-58 SECTION 14. Emergency. The importance of this legislation 3-59 and the crowded condition of the calendars in both houses create an 3-60 emergency and an imperative public necessity that the 3-61 constitutional rule requiring bills to be read on three several 3-62 days in each house be suspended, and this rule is hereby suspended, 3-63 and that this Act take effect and be in force from and after its 3-64 passage, and it is so enacted. 3-65 * * * * * 3-66 Austin, 3-67 Texas 3-68 May 21, 1993 3-69 Hon. Bob Bullock 3-70 President of the Senate 4-1 Sir: 4-2 We, your Committee on Natural Resources to which was referred H.B. 4-3 No. 2820, have had the same under consideration, and I am 4-4 instructed to report it back to the Senate with the recommendation 4-5 that it do not pass, but that the Committee Substitute adopted in 4-6 lieu thereof do pass and be printed. 4-7 Sims, 4-8 Chairman 4-9 * * * * * 4-10 WITNESSES 4-11 No witnesses appeared on H.B. No. 2820.