By Greenberg H.B. No. 2838
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the Barton Springs-Edwards Aquifer
1-3 Conservation District to assess fees, borrow money, and adopt
1-4 certain rules.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2, Chapter 429, Acts of the 70th
1-7 Legislature, Regular Session, 1987, is amended to read as follows:
1-8 Sec. 2. Powers and Duties of the District. (a)(1) The
1-9 district has the powers, duties, authority, and responsibilities
1-10 provided by Chapter 52, Water Code, for underground water
1-11 conservation districts, except as modified in this section.
1-12 (2) The district may not adopt rules regulating zoning
1-13 or the subdivision of land.
1-14 (b)(1) The <Except as provided by Subdivision (2) of this
1-15 subsection, the> district may <does> not <have the authority to>
1-16 levy taxes to pay the maintenance and operating expenses of the
1-17 district under Section 52.351(b), Water Code.
1-18 (2) Bonds and notes secured in whole or in part by
1-19 taxes may be authorized only by an election under Section 52.294,
1-20 Water Code.
1-21 (c)(1) The board of directors of the district may impose
1-22 fees, including an annual well registration fee. The registration
1-23 fee may not be less than $10 nor more than $25 for each well unless
2-1 a greater fee is imposed by a unanimous vote of the board.
2-2 (2) The owner of each well in the district, including
2-3 a well exempt from permitting requirements, shall annually register
2-4 the well with the district.
2-5 (3) The district may require the owner of a well to
2-6 provide to the district information regarding the ownership,
2-7 construction, completion date, and operation of a well.
2-8 (4) County appraisal districts operating within the
2-9 district shall record information regarding water well ownership
2-10 when examining and evaluating property improvements in the district
2-11 and shall make those records available to the district.
2-12 (d) <If the user fee authorized by this section is held
2-13 unconstitutional by the Texas Supreme Court, the district may levy
2-14 a property tax as provided by Sections 52.351 through 52.354, Water
2-15 Code. The property tax may be set in an amount of not more than
2-16 three cents for each $100 valuation of property. An election must
2-17 be called and held in the district to approve the property tax and
2-18 a majority of the qualified voters voting at the election must
2-19 approve the tax before the tax can be levied and collected.>
2-20 <(c)>(1) The board <of directors of the district (the
2-21 "board")> has by rule the authority to impose reasonable volumetric
2-22 fees on each well for which a permit is issued by the district and
2-23 which is not exempted from regulation by the district. The
2-24 volumetric fees shall <may> be assessed annually according to <on
2-25 an annual basis, based upon> the size of column pipe used in the
3-1 well <wells>, the production capacity of the well, or actual,
3-2 authorized, or anticipated pumpage.
3-3 (2) If imposed on pumpage, the volumetric fee may not
3-4 be less than 10 cents for every 1,000 gallons of water pumped from
3-5 the well during a year the fee is imposed. The volumetric fee for
3-6 residential uses may not be more than 50 cents for every 1,000
3-7 gallons of water. The volumetric fee for nonresidential uses may
3-8 not be more than $1 for every 1,000 gallons of water. The board
3-9 may establish a minimum volumetric fee for nonexempt wells that
3-10 pump less then 100,000 gallons of water during the year for which a
3-11 volumetric fee is imposed. The fee range established by this
3-12 subsection does not apply if the fee is imposed for a regulatory
3-13 purpose.
3-14 (3) The board may utilize volumetric fees as both a
3-15 regulatory mechanism and a revenue-producing mechanism.
3-16 (4) An annual increase of more than 15 percent in a
3-17 revenue-producing volumetric fee is subject to repeal under
3-18 Subsection (f) of this section.
3-19 (e)(1) The board may assess the City of Austin, a public or
3-20 private water supplier, or a private person pumping groundwater a
3-21 reasonable fee based on each living unit equivalent that is served
3-22 directly or indirectly by the City of Austin, a public or private
3-23 water supplier, or the private well that pumps groundwater. The
3-24 fee structure may differentiate between living unit equivalents on
3-25 a reasonable basis, including factors such as consumption,
4-1 potential demand, meter size, or line size. A living unit
4-2 equivalent shall be defined for the district by the board.
4-3 (2) The living unit equivalent fee imposed under this
4-4 subsection may not be more than 50 cents a month for each
4-5 residential living unit equivalent or more than $1 a month for each
4-6 nonresidential living unit equivalent. A living unit equivalent
4-7 fee increase of more than 15 percent annually is subject to repeal
4-8 under Subsection (f) of this section.
4-9 (f)(1) If the board increases a fee under Subsection (d) or
4-10 (e) of this section by more than 15 percent, the qualified voters
4-11 of the district by petition may require that an election be held to
4-12 determine whether or not to repeal the fee increase.
4-13 (2) To be valid, a petition filed under Subdivision
4-14 (1) of this subsection must:
4-15 (A) state that the intention of the petition is
4-16 to require an election to determine whether or not to repeal the
4-17 fee increase;
4-18 (B) be signed by a number of qualified voters
4-19 equal to at least 10 percent of the voters of the district who
4-20 voted for governor in the last preceding gubernatorial election;
4-21 and
4-22 (C) be submitted to the board on or before the
4-23 60th day after the date the board adopted the fee increase.
4-24 (3) A person circulating a petition under this
4-25 subsection may not be compensated for circulating the petition.
5-1 Signatures collected by a person who receives compensation are
5-2 invalid.
5-3 (4) Not later than the 20th working day after the date
5-4 a petition is received by the board, the board shall determine the
5-5 validity of the petition and state its finding. The board's
5-6 failure to act within the prescribed time renders the petition
5-7 valid.
5-8 (5) When presented with a valid petition, the board
5-9 shall order an election to determine whether or not to repeal the
5-10 fee increase. The board shall hold the election on the first
5-11 uniform election date that occurs not less then 60 days or more
5-12 than 120 days after the date the board determined the petition was
5-13 valid or the petition became valid by operation of law. Section
5-14 41.003, Election Code, does not apply to an election ordered under
5-15 this subsection.
5-16 (6) If a majority of the voters voting at the election
5-17 approve the fee reduction, the fee remains the same as the fee
5-18 before the increase. If less than a majority of the voters voting
5-19 at the election approve the fee reduction, the fee is the amount
5-20 prescribed by the resolution adopted by the board.
5-21 (g)(1) <(2)> The board shall adopt rules or orders relating
5-22 to the rates of fees, the manner and form for filing reports of
5-23 fees, <and> the manner of collecting <collection of> fees, and the
5-24 purposes of the fees, pursuant to the district's authority to
5-25 assess fees.
6-1 (2) <(3)> The money collected from fees may be used by
6-2 the district to manage and operate the district and to pay all or
6-3 part of the principle of and interest on district bonds or notes.
6-4 (h) <(d)>(1) The production capacity for exempt wells within
6-5 the district, as specified in Section 52.170, Water Code, is
6-6 <hereby> reduced from 25,000 gallons per day to 1,000 <10,000>
6-7 gallons per day.
6-8 (2) The number of households that may be supplied by
6-9 an exempt domestic well in the district, pursuant to <Subdivision
6-10 (2),> Section 52.170(a)(2), Water Code, is <hereby> reduced to not
6-11 more than two <five or less>.
6-12 (i) <(e)> In addition to other remedies for violations of
6-13 permits, rules, or orders, the district has the power to enforce
6-14 its permits, orders, and rules as follows:
6-15 (1) If it appears that a person has violated or is
6-16 violating any provision of Chapter 52, Water Code, or any order,
6-17 permit, or rule of the district, the district may file civil suit
6-18 in a district court of the county in which the violation occurs to
6-19 obtain:
6-20 (A) injunctive relief to restrain the person
6-21 from continuing the violation;
6-22 (B) assessment and recovery of a civil penalty
6-23 of not less than $50 or more than $1,000 for each violation and for
6-24 each day of violation; or
6-25 (C) both injunctive relief and civil penalties.
7-1 (2) Upon application for injunctive relief and a
7-2 finding that a person is violating or threatening to violate any
7-3 provision of this Act or any rule, permit, or other order of the
7-4 district, the district court shall grant injunctive relief as the
7-5 facts may warrant.
7-6 (3) Initiation of legal action to obtain penalties
7-7 shall be authorized by resolution of the board of directors or by
7-8 the district's general manager, if authorized by the board.
7-9 (4) The district is not required to post bond or other
7-10 security with the court under this subsection <section> and may
7-11 recover reasonable attorney's fees and expert witness's fees in
7-12 suits brought under this subsection <section>.
7-13 (j) The district's authority to adopt and enforce rules to
7-14 protect groundwater quality and quantity extends to the Edwards
7-15 Aquifer's contributing zone. The contributing zone is the portion
7-16 of the watersheds of Onion Creek, Little Bear Creek, Bear Creek,
7-17 Slaughter Creek, Williamson Creek, and Barton Creek that are
7-18 upstream of the western boundary of the district.
7-19 (k) <(f)(1)> The legislature finds that <the City of Austin
7-20 currently receives, by way of the discharge of Barton Springs,
7-21 contribution to its municipal water supply in an overall volume
7-22 roughly equivalent to existing usage by other nonexempt users of
7-23 water from the aquifer, and that> the City of Austin shall elect
7-24 two of the five members of the district's board of directors from
7-25 within the area served by the district within the city limits of
8-1 Austin.
8-2 <(2) The board may assess the City of Austin, as a
8-3 water use fee, each year an amount not to exceed 40 percent of the
8-4 total funding of the district received from water use fees assessed
8-5 against Austin and other nonexempt users.>
8-6 SECTION 2. Section 9, Chapter 429, Acts of the 70th
8-7 Legislature, Regular Session, 1987, is amended to read as follows:
8-8 Sec. 9. BORROWING MONEY. (a) Except as provided by
8-9 Subsections (b) and (c) of this section, the <The> district may
8-10 borrow money for purposes of the district authorized by law
8-11 according to the provisions of Subchapter J, Chapter 51, Water
8-12 Code<. The district may not borrow money for a period of more than
8-13 one year>.
8-14 (b) Bonds secured solely by fees imposed under Section 2 of
8-15 this Act may not be issued by the district until authorized by
8-16 majority vote of the qualified voters voting at an election called
8-17 for that purpose.
8-18 (c) The district may not issue certificates of
8-19 participation.
8-20 SECTION 3. The importance of this legislation and the
8-21 crowded condition of the calendars in both houses create an
8-22 emergency and an imperative public necessity that the
8-23 constitutional rule requiring bills to be read on three several
8-24 days in each house be suspended, and this rule is hereby suspended,
8-25 and that this Act take effect and be in force from and after its
9-1 passage, and it is so enacted.