By Glaze H.B. No. 3606
75R14024 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Rohr Springs Groundwater
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A groundwater conservation
1-7 district, to be known as the Rohr Springs Groundwater Conservation
1-8 District, is created in certain territory of Henderson and Van
1-9 Zandt counties, as described in Section 3 of this Act. The
1-10 district is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Rohr Springs Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The district includes the territory
1-17 contained within the following area:
1-18 (metes and bounds description to be added)
1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-20 property included within the boundaries of the district will be
1-21 benefited by the works and projects that are to be accomplished by
1-22 the district under powers conferred by Section 59, Article XVI,
1-23 Texas Constitution. The district is created to serve a public use
1-24 and benefit.
2-1 SECTION 5. PURPOSES. The district is created to accomplish
2-2 the following purposes:
2-3 (1) to protect the spring flow creating Rohr Springs;
2-4 (2) to prevent interference between wells;
2-5 (3) to prevent excessive drawdown of the water table
2-6 or the reduction of artesian pressure within the aquifer; and
2-7 (4) to prevent waste of groundwater.
2-8 SECTION 6. POWERS. (a) The district has all of the rights,
2-9 powers, privileges, authority, functions, and duties provided by
2-10 the general law of this state, including Chapters 36 and 49, Water
2-11 Code, applicable to groundwater conservation districts created
2-12 under Section 59, Article XVI, Texas Constitution. This Act
2-13 prevails over any provision of general law that is in conflict or
2-14 inconsistent with this Act.
2-15 (b) The rights, powers, privileges, authority, functions,
2-16 and duties of the district are subject to the continuing right of
2-17 supervision of the state to be exercised by and through the Texas
2-18 Natural Resource Conservation Commission.
2-19 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-20 governed by a board of seven directors.
2-21 (b) Temporary directors serve until initial permanent
2-22 directors are elected under Section 9 of this Act.
2-23 (c) Initial permanent directors serve terms as provided by
2-24 Section 9(e) of this Act.
2-25 (d) Permanent directors other than initial permanent
2-26 directors serve staggered three-year terms.
2-27 (e) Each director must qualify to serve as director in the
3-1 manner provided by Section 36.055, Water Code.
3-2 (f) A director serves until the director's successor has
3-3 qualified.
3-4 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-5 directors is composed of:
3-6 (1) Louise Calvin;
3-7 (2) Curtis Dixon;
3-8 (3) Gary Goodell;
3-9 (4) Judy Groom;
3-10 (5) Gordon King;
3-11 (6) Don Owen; and
3-12 (7) Lonnie Max Stegall.
3-13 (b) If a temporary director fails to qualify for office, the
3-14 temporary directors who have qualified shall appoint a person to
3-15 fill the vacancy. If at any time there are fewer than four
3-16 qualified temporary directors, the Texas Natural Resource
3-17 Conservation Commission shall appoint the necessary number of
3-18 persons to fill all vacancies on the board.
3-19 SECTION 9. INITIAL DIRECTORS' ELECTION. (a) The temporary
3-20 board of directors shall call and hold an election to elect seven
3-21 initial directors.
3-22 (b) At the initial directors' election, the temporary board
3-23 of directors shall have the names of the seven persons serving as
3-24 temporary directors placed on the ballot together with the name of
3-25 any candidate filing for the office of director and blank spaces to
3-26 write in the names of other persons. The temporary directors, at
3-27 the time the vote is canvassed, shall declare the seven persons who
4-1 receive the most votes to be elected as the initial directors and
4-2 shall include the results of the directors' election in the
4-3 district's election report to the Texas Natural Resource
4-4 Conservation Commission.
4-5 (c) Section 41.001(a), Election Code, does not apply to an
4-6 initial directors' election held as provided by this section.
4-7 (d) Except as provided by this section, an initial
4-8 directors' election must be conducted as provided by the Election
4-9 Code.
4-10 (e) At the first board meeting following the initial
4-11 directors' election under this section, the initial directors shall
4-12 draw lots to determine:
4-13 (1) which two directors shall each serve one-year
4-14 terms;
4-15 (2) which two directors shall each serve two-year
4-16 terms; and
4-17 (3) which three directors shall each serve three-year
4-18 terms.
4-19 SECTION 10. ELECTION OF DIRECTORS. On the first Saturday in
4-20 May of each year following the year in which the initial directors
4-21 are elected, an election shall be held in the district to elect the
4-22 appropriate number of directors to the board.
4-23 SECTION 11. PRODUCTION FEES. (a) The district may charge
4-24 and collect production fees relating to the:
4-25 (1) amount of water actually withdrawn from a well;
4-26 (2) amount of water allocated in a production permit;
4-27 (3) capacity of a well; or
5-1 (4) size casing diameter of a well.
5-2 (b) Production fees collected by the district under
5-3 Subsection (a) of this section may be used for any lawful purpose
5-4 of the district.
5-5 SECTION 12. PROPERTY TAX. (a) The district may assess an
5-6 ad valorem tax on property located within the district, subject to
5-7 approval of the tax by a majority of the qualified voters within
5-8 the district in an election held under Subsection (b) of this
5-9 section.
5-10 (b) Before the district assesses an ad valorem tax under
5-11 Subsection (a) of this section, the board shall call and hold an
5-12 election for the qualified voters within the district to approve
5-13 the proposed tax. The proposition in the election may set a limit
5-14 on the taxing authority being considered in the election. If a
5-15 majority of the qualified voters voting in the election vote in
5-16 favor of the proposed tax, the district may assess the approved tax
5-17 annually. Notwithstanding Section 26.12, Tax Code, the district
5-18 may assess the approved tax for the entire year in which the
5-19 election authorizing the tax was held. If a majority of the
5-20 qualified voters voting in the election vote against the proposed
5-21 tax, the board may not hold another election to obtain approval of
5-22 the proposed tax until three years after the date of the election
5-23 in which the proposed tax was disapproved.
5-24 SECTION 13. ADDITIONAL POWERS. The district may:
5-25 (1) manage, own, or operate wastewater facilities as
5-26 provided by Chapter 54, Water Code; and
5-27 (2) manage, own, or operate solid waste facilities.
6-1 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-2 (a) The proper and legal notice of the intention to introduce this
6-3 Act, setting forth the general substance of this Act, has been
6-4 published as provided by law, and the notice and a copy of this Act
6-5 have been furnished to all persons, agencies, officials, or
6-6 entities to which they are required to be furnished by the
6-7 constitution and other laws of this state, including the governor,
6-8 who has submitted the notice and Act to the Texas Natural Resource
6-9 Conservation Commission.
6-10 (b) The Texas Natural Resource Conservation Commission has
6-11 filed its recommendations relating to this Act with the governor,
6-12 lieutenant governor, and speaker of the house of representatives
6-13 within the required time.
6-14 (c) All requirements of the constitution and laws of this
6-15 state and the rules and procedures of the legislature with respect
6-16 to the notice, introduction, and passage of this Act are fulfilled
6-17 and accomplished.
6-18 SECTION 15. EMERGENCY. The importance of this legislation
6-19 and the crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended,
6-23 and that this Act take effect and be in force from and after its
6-24 passage, and it is so enacted.