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.