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.