By Henderson S.B. No. 1576
74R7999 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers, duties, and operation of the
1-3 Harris-Galveston Coastal Subsidence District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 151.002, Water Code, is amended to read
1-6 as follows:
1-7 Sec. 151.002. Definitions. In this chapter:
1-8 (1) "Board" means the board of directors of the
1-9 district.
1-10 (2) "Commission" means the Texas Natural Resource
1-11 Conservation Commission.
1-12 (3) "District" means the Harris-Galveston Coastal
1-13 Subsidence District.
1-14 (4) "Drill" means drilling, equipping, or completing
1-15 wells or substantially altering the size of wells or well pumps.
1-16 (5) "Groundwater" means water located beneath the
1-17 earth's surface, but does not include water produced with oil in
1-18 the production of oil and gas.
1-19 (6) "Groundwater-withdrawal year" means the period
1-20 beginning January 1 of one year and ending December 31 of that same
1-21 year.
1-22 (7) "Harmful subsidence" means subsidence that:
1-23 (A) contributes to flooding, inundation, or
1-24 overflow of the district; and
2-1 (B) poses an economic threat to property in the
2-2 district.
2-3 (8) <(7)> "Subsidence" means the lowering in elevation
2-4 of the surface of land by the withdrawal of groundwater.
2-5 (9) <(8)> "Water conservation" means any measure that
2-6 seeks to make a water supply available for alternative or future
2-7 uses, including best management practices, reduction in
2-8 consumption, reduction in loss or waste, improved efficiency or
2-9 accountability, recycling, reuse, or pollution prevention.
2-10 (10) <(9)> "Well" means a facility, device, or method
2-11 used to withdraw groundwater from the groundwater supply within the
2-12 district.
2-13 (11) <(10)> "Well owner" means a person who has an
2-14 ownership interest in a well, owns land on which a well is located,
2-15 owns the water withdrawn or to be withdrawn from a well, or
2-16 operates a well.
2-17 (12) <(11)> "Withdraw" means the act of extracting
2-18 groundwater by pumping or some other method.
2-19 SECTION 2. Section 151.004(a), Water Code, is amended to
2-20 read as follows:
2-21 (a) The purpose of this chapter is to provide for the
2-22 regulation of the withdrawal of groundwater within the boundaries
2-23 of the district for the purpose of ending harmful subsidence, which
2-24 is found to contribute <contributes> to or precipitate
2-25 <precipitates> flooding, inundation, or overflow of the district,
2-26 including without limitation rising waters resulting from storms or
2-27 hurricanes.
3-1 SECTION 3. Section 151.031, Water Code, is amended by
3-2 amending Subsections (a) and (b) and adding Subsections (d) and (e)
3-3 to read as follows:
3-4 (a) The district is governed by a board of directors
3-5 composed of 21 <17> members who serve for two-year, staggered
3-6 terms.
3-7 (b) The board consists of:
3-8 (1) six members from the city in the district having
3-9 the largest population of any city in the district, to be appointed
3-10 by the mayor of that city, one of these members to be a
3-11 representative of industry;
3-12 (2) one member from the city in the district having
3-13 the next largest population of any city in the district, to be
3-14 appointed by the mayor of that city;
3-15 (3) two members from all incorporated cities in
3-16 Galveston County, appointed by the mayors of those cities;
3-17 (4) one member from the city of Baytown, appointed by
3-18 the mayor of that city;
3-19 (5) two members appointed by the commissioners court
3-20 of Harris County, one to be a representative of agriculture and one
3-21 to be a representative of industry, provided that neither of these
3-22 members is a resident of the city in the district having the
3-23 largest population;
3-24 (6) two members appointed by the commissioners court
3-25 of Galveston County;
3-26 (7) one member from Harris County chosen by the mayors
3-27 of the cities of Deer Park, Galena Park, La Porte, Nassau Bay, and
4-1 Seabrook and the president of the Clear Lake City Water Authority;
4-2 (8) one member from Harris County chosen by the mayors
4-3 of the cities of West University Place, Southside Place, Bellaire,
4-4 and Jacinto City; <and>
4-5 (9) one member from Harris County chosen by the mayors
4-6 of the cities of Humble, Piney Point Village, Hedwig Village,
4-7 Bunker Hill Village, Hunters Creek Village, Hilshire Village, and
4-8 the village of Spring Valley;
4-9 (10) one member from Harris County serving on the
4-10 board of directors of a water district located in Regulatory Area 4
4-11 of the district, chosen by the governing boards of the water
4-12 districts located in Regulatory Area 4;
4-13 (11) one member from Harris County serving on the
4-14 board of directors of a water district located in Regulatory Area 5
4-15 of the district, chosen by the governing boards of the water
4-16 districts located in Regulatory Area 5;
4-17 (12) one member from Harris County serving on the
4-18 board of directors of a water district located in Regulatory Area 6
4-19 of the district, chosen by the governing boards of the water
4-20 districts located in Regulatory Area 6; and
4-21 (13) one member from Harris County serving on the
4-22 board of directors of a water district located in Regulatory Area 7
4-23 of the district, chosen by the governing boards of the water
4-24 districts located in Regulatory Area 7.
4-25 (d) Members of the board who represent water districts shall
4-26 be elected in the following manner:
4-27 (1) each governing board of a water district entitled
5-1 to vote under Subsections (b)(10)-(12) may nominate a candidate for
5-2 election to the board;
5-3 (2) the president of each water district that
5-4 nominates a candidate shall submit the candidate's name to the
5-5 district's executive director not later than September 15 of each
5-6 odd-numbered year;
5-7 (3) the district's executive director shall:
5-8 (A) not later than October 1 of each
5-9 odd-numbered year, prepare a ballot listing each nominated
5-10 candidate alphabetically and arranged according to regulatory areas
5-11 from which the candidates are nominated; and
5-12 (B) not later than October 15 of each
5-13 odd-numbered year, deliver a copy of the ballot to each governing
5-14 board of a water district entitled to vote;
5-15 (4) each governing board of a water district entitled
5-16 to vote shall, not later than November 30 of each odd-numbered
5-17 year, determine its vote by resolution and submit its vote to the
5-18 district's executive director; and
5-19 (5) the board of directors of the district shall, not
5-20 later than December 15 of each odd-numbered year, canvass the
5-21 results and announce the candidates elected to the board.
5-22 (e) The term of office for each board member who represents
5-23 water districts under Subsections (b)(10)-(13) runs from January 1
5-24 of the even-numbered year beginning after the member's election
5-25 through December 31 of the following year.
5-26 SECTION 4. Section 151.071, Water Code, is amended by adding
5-27 Subsections (c) and (d) to read as follows:
6-1 (c) In adopting rules, the board shall comply with Chapter
6-2 2001, Government Code.
6-3 (d) A person may bring suit for a declaratory judgment that
6-4 a district rule or the threatened application of a district rule
6-5 interferes with, impairs, or threatens to interfere with or impair
6-6 a legal right or privilege of the person. The suit must be filed
6-7 in a district court in Harris County or Galveston County. The
6-8 court may render a declaratory judgment under this subsection
6-9 regardless of whether the person has exhausted administrative
6-10 remedies.
6-11 SECTION 5. Section 151.072(a), Water Code, is amended to
6-12 read as follows:
6-13 (a) Board hearings shall be conducted as provided by this
6-14 section. Hearings are governed by Chapter 2001, Government Code
6-15 <the open meetings law, Chapter 271, Acts of the 60th Legislature,
6-16 Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil
6-17 Statutes)>. Except as provided by this section, notice of hearings
6-18 shall be provided according to that law.
6-19 SECTION 6. Section 151.074(a), Water Code, is amended to
6-20 read as follows:
6-21 (a) The board shall formulate a plan to control and prevent
6-22 harmful subsidence in the district. The plan may <shall>
6-23 accomplish that purpose by reducing groundwater withdrawals to
6-24 amounts that will restore and maintain sufficient artesian pressure
6-25 to control and prevent harmful subsidence.
6-26 SECTION 7. Sections 151.075(a), (c), and (d), Water Code,
6-27 are amended to read as follows:
7-1 (a) Included in the information to be gathered for
7-2 formulation of the plan shall be:
7-3 (1) a list of all wells in the district that are
7-4 subject to regulation under this chapter;
7-5 (2) an accurate estimate of groundwater production
7-6 from all wells or proposed wells in the district;
7-7 (3) an accurate estimate of the amount of groundwater
7-8 that may be produced from each area in the district without causing
7-9 reduction of artesian pressure that will lead to harmful subsidence
7-10 in the district;
7-11 (4) an accurate estimate of the current and future
7-12 water needs in the district;
7-13 (5) a list of all available sources of water, other
7-14 than groundwater, in the area of the district;
7-15 (6) the purposes for which the water is currently used
7-16 and for which it is proposed to be used in the future;
7-17 (7) information relating to formulation of a permit
7-18 system; and
7-19 (8) other necessary information and material to carry
7-20 out the management of groundwater in the district and to
7-21 effectively and expeditiously accomplish the purposes of this
7-22 chapter.
7-23 (c) After the hearing, the board shall make any changes to
7-24 the plan the board <it> considers necessary according to evidence
7-25 and material presented at the hearing. The board <and> shall adopt
7-26 the plan if the board finds that:
7-27 (1) harmful subsidence is occurring in the district;
8-1 (2) the plan is necessary to prevent harmful
8-2 subsidence in the district;
8-3 (3) the plan will benefit all of the property in the
8-4 district; and
8-5 (4) the plan will not impose an economic hardship on a
8-6 person who owns property in the district or who holds a permit to
8-7 drill or operate a well in the district.
8-8 (d) The plan adopted under this section may be amended or
8-9 repealed and a new plan adopted as provided in this section for the
8-10 adoption of the original plan. A plan, once adopted, remains in
8-11 effect for five years or until the adoption of a new plan,
8-12 whichever occurs first.
8-13 SECTION 8. Sections 151.078 and 151.081, Water Code, are
8-14 amended to read as follows:
8-15 Sec. 151.078. Regulation of Spacing and Production. (a) To
8-16 minimize as far as practicable the drawdown of the water table and
8-17 the reduction of artesian pressure and to control and prevent
8-18 harmful subsidence, the board may provide for the spacing of wells
8-19 and may regulate the production of groundwater from the wells,
8-20 taking into consideration, among other relevant factors, the
8-21 economic impact on well owners and the resulting effect on harmful
8-22 subsidence.
8-23 (b) Before issuing an order or rule under this section, the
8-24 board shall set a hearing on the proposed order or rule and shall
8-25 issue notice of the hearing to:
8-26 (1) each person holding a permit to drill or operate a
8-27 well in the district; and
9-1 (2) each other person that the board reasonably
9-2 believes to have an interest in the hearing.
9-3 Sec. 151.081. Monitoring and Supervision by District. The
9-4 district may use subsidence compaction monitors, water-level
9-5 observation wells, and other materials and equipment to determine
9-6 the amount of groundwater that may be produced while at the same
9-7 time allowing the rebound and stabilization of groundwater to a
9-8 level that will halt harmful subsidence.
9-9 SECTION 9. Section 151.124(b), Water Code, is amended to
9-10 read as follows:
9-11 (b) The application must state:
9-12 (1) the name of the person requesting the permit;
9-13 (2) the address of the person requesting the permit;
9-14 (3) the location and wellhead elevation of the well or
9-15 proposed well;
9-16 (4) the amount of water being produced or proposed to
9-17 be produced; and
9-18 (5) any other information necessary for the board to
9-19 control and prevent harmful subsidence in the district.
9-20 SECTION 10. Section 151.125(b), Water Code, is amended to
9-21 read as follows:
9-22 (b) Notice of the date, time, and location of the hearing
9-23 shall be given by the board to the applicant by certified mail,
9-24 return receipt requested, and in accordance with Chapter 2001,
9-25 Government Code <the open meetings law, Chapter 271, Acts of the
9-26 60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
9-27 Texas Civil Statutes)>.
10-1 SECTION 11. Sections 151.126(b) and (e), Water Code, are
10-2 amended to read as follows:
10-3 (b) In deciding whether or not to issue a permit and in
10-4 setting the terms of the permit, the board shall consider, along
10-5 with the purpose of this chapter and all other relevant factors:
10-6 (1) the district plan;
10-7 (2) the quality, quantity, and availability of surface
10-8 water at prices competitive with those charged by suppliers of
10-9 surface water in the district;
10-10 (3) the economic impact on the applicant from grant or
10-11 denial of the permit, or the terms prescribed by a permit, in
10-12 relation to the effect on harmful subsidence that would result; and
10-13 (4) the applicant's use of water conservation
10-14 measures.
10-15 (e) The permit shall include:
10-16 (1) the name and address of the person to whom the
10-17 permit is issued;
10-18 (2) the location of the well;
10-19 (3) the date the permit is to expire;
10-20 (4) conditions and restrictions placed on the
10-21 withdrawal of groundwater; and
10-22 (5) other terms and conditions necessary to control
10-23 and prevent harmful subsidence.
10-24 SECTION 12. Sections 151.128(b), (d), and (e), Water Code,
10-25 are amended to read as follows:
10-26 (b) The rate of the fee to be collected by the board under
10-27 this section shall be determined by the board after a hearing. The
11-1 rate of the fee may not exceed 110 percent of the fee charged by
11-2 the district during the previous year <highest rate charged by the
11-3 city of Houston for surface water supplied to its customers in the
11-4 district>.
11-5 (d) Using information prepared by the United States
11-6 Geological Survey, which shall be presumed correct, the board, at a
11-7 hearing held in accordance with Section 151.072 of this code, shall
11-8 calculate and determine the difference between water wells pumped
11-9 for irrigation of agricultural crops and water wells pumped for
11-10 other purposes in terms of their relative contribution to harmful
11-11 subsidence, expressed as a percentage. The rate of the fee for
11-12 wells used for irrigation of agricultural crops shall be sufficient
11-13 for the total of those fees to contribute to the fee revenue of the
11-14 district the same percentage as the agricultural use contributes to
11-15 harmful subsidence.
11-16 (e) The <funds obtained from the> permit fees collected
11-17 under this section may not exceed the amount necessary <shall be
11-18 used> to cover the reasonable operating costs of the board in
11-19 issuing permits and performing other regulatory functions of the
11-20 district.
11-21 SECTION 13. Section 151.129, Water Code, is amended to read
11-22 as follows:
11-23 Sec. 151.129. Limitations on Conversion to Surface Water.
11-24 (a) The board may not issue an order requiring a person to
11-25 completely or partially discontinue the use of groundwater unless
11-26 the board finds, after notice and hearing, that:
11-27 (1) the order is necessary to reduce harmful
12-1 subsidence;
12-2 (2) the person is economically able to acquire a water
12-3 supply that is composed of surface water needed to replace the
12-4 water supply covered by the order; and
12-5 (3) a cost-benefit analysis shows that the benefits of
12-6 the order exceed the costs of complying with the order.
12-7 (b) This section does not limit the board's authority to
12-8 issue orders and rules requiring a person to reduce groundwater use
12-9 by eliminating waste or implementing water conservation.
12-10 (c) <(b)> If the person covered by an order under this
12-11 section acquires an alternative water supply to fulfill the needs
12-12 created by the board's order under this section and files with the
12-13 commission a written request for monitoring of the alternative
12-14 supply, the commission shall monitor annually from the date of
12-15 request to the expiration of the annual permit the water delivered
12-16 to the person covered by the order to determine the percentage of
12-17 that water that is surface water and the percentage of that water
12-18 that is groundwater.
12-19 (d) <(c)> The water deliveries must be monitored at random
12-20 times at all points of connection between the purchaser's and
12-21 seller's water systems. Samples taken through monitoring must be
12-22 analyzed by water chemists employed by or contracting with the
12-23 commission. The water chemist making each analysis shall issue a
12-24 certified written analysis of the percentages of surface water and
12-25 groundwater included in the sample.
12-26 (e) <(d)> Not later than the 15th day after the last day of
12-27 each permit year, the commission shall issue an annual certified
13-1 written analysis based on all of the samples collected that will
13-2 state the annual average percentage of surface water and the annual
13-3 average percentage of groundwater provided to the purchaser by the
13-4 seller for that permit year. In addition to the percentage of
13-5 groundwater authorized to be used by the board's order, the person
13-6 may use in the current permit year an additional percentage of
13-7 groundwater that is equal to a percentage derived by multiplying
13-8 the annual average percentage of groundwater delivered to that
13-9 person during the preceding permit year by the total percentage of
13-10 alternative water supply mandated by the board's order for the
13-11 current year.
13-12 (f) <(e)> The commission shall assess reasonable fees to
13-13 cover the costs of the water sampling and analysis, one-half to the
13-14 water purchaser and one-half to the water seller. On request, the
13-15 commission shall make results of the analysis available to the
13-16 purchaser, the seller, or the board.
13-17 (g) <(f)> In this section, "alternative water supply" means
13-18 a water supply that it is necessary for the person to acquire from
13-19 sources other than the person's own groundwater supply to comply
13-20 with the board's order.
13-21 SECTION 14. Sections 151.162(a) and (c), Water Code, are
13-22 amended to read as follows:
13-23 (a) A rule, order, or other official action of the district
13-24 under this chapter may be appealed to a district court in any
13-25 county in the district by a person who is adversely affected. An
13-26 appeal under this section must be filed within 45 days after the
13-27 rule, order, or other official action appealed from is final
14-1 <adopted or taken>.
14-2 (c) The review on appeal under this section is by trial de
14-3 novo <is governed by the substantial evidence rule as defined by
14-4 Section 19(e), Administrative Procedure and Texas Register Act
14-5 (Article 6252-13a, Vernon's Texas Civil Statutes)>.
14-6 SECTION 15. The Harris-Galveston Coastal Subsidence District
14-7 is governed by a board of directors composed of 17 members until
14-8 the four additional members required by Section 151.031, Water
14-9 Code, as amended by this Act, are elected and have qualified for
14-10 office.
14-11 SECTION 16. The importance of this legislation and the
14-12 crowded condition of the calendars in both houses create an
14-13 emergency and an imperative public necessity that the
14-14 constitutional rule requiring bills to be read on three several
14-15 days in each house be suspended, and this rule is hereby suspended,
14-16 and that this Act take effect and be in force from and after its
14-17 passage, and it is so enacted.