Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Rhodes                                       H.B. No. 3523

                                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

1-23     voting at the election must approve the tax before the tax can be

1-24     levied and collected.

 2-1           (c)(1)  The board of directors of the district (the "board")

 2-2     has by rule the authority to impose reasonable fees on each well

 2-3     for which a permit is issued by the district and which is not

 2-4     exempted from regulation by the district.  The fees may be assessed

 2-5     on an annual basis, based upon the size of column pipe used in the

 2-6     walls[,].  If assessed on the basis of  the production capacity of

 2-7     the well, or actual, authorized, or anticipated pumpage the fee may

 2-8     be up to, but not exceed, 30 cents per thousand gallons.  The board

 2-9     may utilize fees as both a regulatory mechanism and a

2-10     revenue-producing mechanism.

2-11                 (2)  The board shall adopt rules relating to the rates

2-12     of fees, the manner and form for filing reports of fees, and the

2-13     manner of collection of fees.

2-14                 (3)  The money collected from fees may be used by the

2-15     district to manage and operate the district and to pay all or part

2-16     of the principal of and interest on district bonds or notes.

2-17           (d)(1)  The production capacity for exempt wells within the

2-18     district, as specified in Section [52.170] 36.117, Water Code, is

2-19     hereby reduced from 25,000 gallons per day to 10,000 gallons per

2-20     day.

2-21                 (2)  The number of households that may be supplied by

2-22     an exempt domestic well in the district, pursuant to Subdivision

2-23     (2), Section [52.170] 36.117, Water Code, is hereby reduced to five

2-24     or less.

2-25           (e)  In addition to other remedies for violations of permits,

2-26     rules, or orders, the district has the power to enforce its

2-27     permits, orders, and rules as follows:

2-28                 (1)  If it appears that a person has violated or is

2-29     violating any provision of Chapter [52] 36, Water Code, or any

2-30     order, permit, or rule of the district, the district may file civil

 3-1     suit in a district court of the county in which the violation

 3-2     occurs to obtain:

 3-3                       (A)  injunctive relief to restrain the person

 3-4     from continuing the violation;

 3-5                       (B)  assessment and recovery of a civil penalty

 3-6     of not less than $50 or more than $1,000 for each violation and for

 3-7     each day of violation; or

 3-8                       (C)  both injunctive relief and civil penalties.

 3-9                 (2)  Upon application for injunctive relief and a

3-10     finding that a person is violating or threatening to violate any

3-11     provision of this Act or any rule, permit, or other order of the

3-12     district, the district court shall grant injunctive relief as the

3-13     facts may warrant.

3-14                 (3)  Initiation of legal action to obtain penalties

3-15     shall be authorized by resolution of the board of directors or by

3-16     the district's general manager, if authorized by the board.

3-17                 (4)  The district is not required to post bond or other

3-18     security with the court under this section and may recover

3-19     reasonable attorney's fees and expert witness's fees in suits

3-20     brought under this section.

3-21           (f)(1)  The legislature finds that the City of Austin

3-22     currently receives, by way of the discharge of Barton Springs,

3-23     contribution to its municipal water supply in an overall volume

3-24     roughly equivalent to existing usage by other nonexempt users of

3-25     water from the aquifer, and that the City of Austin shall elect two

3-26     of the five members of the district's board of directors.

3-27           (f)(2)  The board may assess the City of Austin, as a water

3-28     use fee, each year in amount not to exceed 40 percent of the total

3-29     funding of the district received from water use fees assessed

3-30     against Austin and other nonexempt users.

 4-1           (g)  This section prevails over other law.

 4-2           SECTION 2.  SEVERABILITY.  If any section, sentence, clause

 4-3     or part of this Act shall for any reason, be held invalid, such

 4-4     invalidity shall not affect the remaining portions of the Act, and

 4-5     it is hereby declared to be the intention of this legislature to

 4-6     have passed each section, sentence, clause, or part irrespective of

 4-7     the fact that any other section, sentence, clause, or part may be

 4-8     declared invalid.

 4-9           SECTION 3.  EMERGENCY.  The importance of this legislation

4-10     and the crowded condition of the calendars in both houses create an

4-11     emergency and an imperative public necessity that the

4-12     constitutional rule requiring bills to be read on three several

4-13     days in each house be suspended, and this rule is hereby suspended,

4-14     and that this Act take effect and be in force from and after its

4-15     passage, and it is so enacted.