By Greenberg H.B. No. 3521
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Barton Springs-Edwards Aquifer Conservation
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2 of Chapter 429, Acts of the 70th
1-6 Legislature, Regular Session, is amended to read as follows:
1-7 Sec. 2. Powers and Duties of District: (a)(1) The district
1-8 has the powers, duties, authority, and responsibilities provided by
1-9 Chapter [52] 36, Water Code, for underground water conservation
1-10 districts, except as modified in this section.
1-11 (2) The district may not adopt rules regulating zoning
1-12 or the subdivision of land.
1-13 (b)(1) Except as provided by Subdivision (2) of this
1-14 subsection, the district does not have the authority to levy taxes
1-15 under Section [52.351] 36.201, Water Code.
1-16 (2) If the user fee authorized by this section is held
1-17 unconstitutional by the Texas Supreme Court, the district may levy
1-18 a property tax as provided by Sections [52.351] 36.201 through
1-19 [52.354] 36.204, Water Code. The property tax may be set in an
1-20 amount of not more than three cents for each $100 valuation of
1-21 property. An election must be called and held in the district to
1-22 approve the property tax and a majority of the qualified voters
2-1 voting at the election must approve the tax before the tax can be
2-2 levied and collected.
2-3 (c)(1) The board of directors of the district (the "board")
2-4 has by rule the authority to impose reasonable fees on each well
2-5 for which a permit is issued by the district and which is not
2-6 exempted from regulation by the district. The fees may be assessed
2-7 on an annual basis, based upon the size of column pipe used in the
2-8 wells, the production capacity of the well, or actual, authorized,
2-9 or anticipated pumpage. The board may adopt rules prioritizing
2-10 water use and assign different fees to the different priorities.
2-11 The board may utilize fees as both a regulatory mechanism and a
2-12 revenue-producing mechanism.
2-13 (2) The board shall adopt rules relating to the rates
2-14 of fees, the manner and form for filing reports of fees, and the
2-15 manner of collection of fees.
2-16 (3) The money collected from fees may be used by the
2-17 district to manage and operate the district and to pay all or part
2-18 of the principal of and interest on district bonds or notes.
2-19 (d)(1) The production capacity for exempt wells within the
2-20 district, as specified in Section [52.170] 36.117, Water Code, is
2-21 hereby reduced from 25,000 gallons per day to 10,000 gallons per
2-22 day, or such other level as may be adopted by the Board by rule;
2-23 provided however, the district shall not deny a property owner the
2-24 ability to drill a well and produce groundwater from his property
2-25 if the well meets minimum construction, spacing and production
2-26 standards.
2-27 (2) The number of households that may be supplied by
3-1 an exempt domestic well in the district, pursuant to Subdivision
3-2 (2), Section [52.170] 36.117, Water Code, is hereby reduced to five
3-3 or less, or such other level as may be adopted by the Board by
3-4 rule for the purpose of conserving water within the district.
3-5 (e) In addition to other remedies for violations of permits,
3-6 rules, or orders, the district has the power to enforce its
3-7 permits, orders, and rules as follows:
3-8 (1) If it appears that a person has violated or is
3-9 violating any provision of Chapter [52] 36, Water Code, or any
3-10 order, permit, or rule of the district, the district may file civil
3-11 suit in a district court of the county in which the violation
3-12 occurs to obtain:
3-13 (A) injunctive relief to restrain the person
3-14 from continuing the violation;
3-15 (B) assessment and recovery of a civil penalty
3-16 of not less than $50 or more than $1,000 for each violation and for
3-17 each day of violation; or
3-18 (C) both injunctive relief and civil penalties.
3-19 (2) Upon application for injunctive relief and a
3-20 finding that a person is violating or threatening to violate any
3-21 provision of this Act or any rule, permit, or other order of the
3-22 district, the district court shall grant injunctive relief as the
3-23 facts may warrant.
3-24 (3) Initiation of legal action to obtain penalties
3-25 shall be authorized by resolution of the board of directors or by
3-26 the district's general manager, if authorized by the board.
3-27 (4) The district is not required to post bond or other
4-1 security with the court under this section and may recover
4-2 reasonable attorney's fees and expert witness's fees in suits
4-3 brought under this section.
4-4 [(f)(1) The legislature finds that the City of Austin
4-5 currently receives, by way of the discharge of Barton Springs,
4-6 contribution to its municipal water supply in an overall volume
4-7 roughly equivalent to existing usage by other nonexempt users of
4-8 water from the aquifer, and that the City of Austin shall elect two
4-9 of the five members of the districts board of directors.]
4-10 [(2) The board may assess the City of Austin, as a
4-11 water use fee, each year in amount not to exceed 40 percent of the
4-12 total funding of the district received from water use fees assessed
4-13 against Austin and other nonexempt users.]
4-14 (f)(1) The board may assess water users supplied directly or
4-15 indirectly by the City of Austin, any public or private water
4-16 utilities using groundwater from within the district, or a private
4-17 person pumping groundwater from within the district a reasonable
4-18 fee based on each living unit equivalent or meter. The fee
4-19 structure may differentiate between meters on any reasonable basis,
4-20 including factors such as consumption, potential demand, meter
4-21 size, or line size. A living unit equivalent or meter shall be
4-22 defined for the district by the board.
4-23 (2) The City of Austin, and any public or private
4-24 water utility having customers assessed a meter fee under
4-25 subsection (f)(1) of this section (except a utility supplied water
4-26 by the City of Austin which is assessed the meter fee as part of
4-27 its wholesale cost) shall include the meter fee assessed by the
5-1 district to its wholesale and retail customers as part of its base
5-2 rate on the customer's monthly statement, and collect and reimburse
5-3 such fees to the district.
5-4 (3) If the district assesses fees under this
5-5 subsection (f), the provisions of Section 36.205 (c) and (d) shall
5-6 not apply, provided that the district shall in no case assess a
5-7 pumpage fee in excess of 30 cents per thousand gallons for use
5-8 authorized by district pumping permits.
5-9 (g) The district may own, construct and operate wastewater
5-10 treatment plants and other facilities in the district which prevent
5-11 or reduce the likelihood of pollution of the aquifer or serve to
5-12 enhance water conservation.
5-13 SECTION 2. Section 9 of Chapter 429, Acts of the 70th
5-14 Legislature, Regular Session, is amended to read as follows:
5-15 [Section 9. BORROWING MONEY. The district may borrow money
5-16 for purposes of the district authorized by law according to the
5-17 provisions of Subchapter J, Chapter 51, Water Code. The district
5-18 may not borrow money for a period of more one year.]
5-19 Sec. 9. DISTRICT FINANCES. (a) In addition to its
5-20 authority under Subchapters E and F, Chapter 36, Water Code, the
5-21 district may borrow money to acquire interests in real property and
5-22 for capitol projects. This does not affect the authority of the
5-23 district in relation to the issuance of bonds.
5-24 (b) The district may pay or reimburse a travel expense only
5-25 if:
5-26 (1) the expense is reasonable and necessary;
5-27 (2) the purpose of the travel clearly involves
6-1 official business and is consistent with the districts legal
6-2 authority.
6-3 (c) A travel expense may be paid or reimbursed according to
6-4 the requirements of an applicable federal law or regulation, and
6-5 this chapter does not apply to the extent necessary to avoid
6-6 conflict with an applicable federal law or regulation.
6-7 (d) The district shall minimize the amount of travel
6-8 expenses paid or reimbursed by the agency. The district shall
6-9 ensure that each travel arrangement is the most cost effective
6-10 considering all relevant circumstances.
6-11 SECTION 3. SEVERABILITY. If any section, sentence, clause
6-12 or part of this Act shall for any reason, be held invalid, such
6-13 invalidity shall not affect the remaining portions of the Act, and
6-14 it is hereby declared to be the intention of this legislature to
6-15 have passed each section, sentence, clause, or part irrespective of
6-16 the fact that any other section, sentence, clause, or part may be
6-17 declared invalid.
6-18 SECTION 4. EMERGENCY. The importance of this legislation
6-19 and the crowded condition of the calendars both houses create an
6-20 emergency and imperative public necessity that the constitutional
6-21 rule requiring bills to be read on three several days in each house
6-22 be suspended, and this rule is hereby suspended, and that this Act
6-23 take effect and be in force from and after its passage, and it is
6-24 so enacted.