By: Barrientos, Armbrister S.B. No. 28
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Barton Springs-Edwards Aquifer Conservation
1-2 District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Chapter 429, Acts of the 70th
1-5 Legislature, Regular Session, 1987, is amended to read as follows:
1-6 Sec. 2. Powers and Duties of District. (a)(1) The district
1-7 has the powers, duties, authority, and responsibilities provided by
1-8 Chapter 36 [52], Water Code, for underground water conservation
1-9 districts, except as modified in this section.
1-10 (2) The district may not adopt rules regulating zoning
1-11 or the subdivision of land.
1-12 (b)(1) Except as provided by Subdivision (2) of this
1-13 subsection, the district does not have the authority to levy taxes
1-14 under Section 36.201 [52.351], Water Code.
1-15 (2) If the user fee authorized by this section is held
1-16 unconstitutional by the Texas Supreme Court, the district may levy
1-17 a property tax as provided by Sections 36.201 [52.351] through
1-18 36.204 [52.354], Water Code. The property tax may be set in an
1-19 amount of not more than three cents for each $100 valuation of
1-20 property. An election must be called and held in the district to
1-21 approve the property tax and a majority of the qualified voters
1-22 voting at the election must approve the tax before the tax can be
1-23 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 board by rule may
2-5 prioritize water use and may assign different fees according to the
2-6 priority of use. The fees may be assessed on an annual basis,
2-7 based upon the size of column pipe used in the wells, the
2-8 production capacity of the well, or actual, authorized, or
2-9 anticipated pumpage. The board may utilize fees as both a
2-10 regulatory mechanism and a 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 (4) Subsection (c), Section 36.205, Water Code, does
2-18 not apply to a fee assessed under this subsection.
2-19 (5) The district shall assess a fee as provided by
2-20 Subsection (d), Section 36.205, Water Code, unless the district
2-21 assesses a fee against the City of Austin under Subdivision (2) of
2-22 Subsection (f) of this section.
2-23 (6) The district may not assess a pumpage fee of more
2-24 than 30 cents per 1,000 gallons for a use authorized by a district
2-25 pumping permit. The limitation provided by this subdivision does
3-1 not apply to a fee assessed against pumpage that exceeds the
3-2 pumpage volume allowed. If the district assesses fees under
3-3 Subdivision (2) of Subsection (f) of this section, proceeds from
3-4 pumpage fees shall not be used for administration of the district
3-5 and shall be directly spent on capital projects designed to enhance
3-6 the quality and quantity of water in the aquifer.
3-7 (d)(1) The board by rule may establish a production capacity
3-8 for exempt wells within the district that supersedes the capacity
3-9 [, as] specified in Section 36.117 [52.170], Water Code. If the
3-10 board does not establish another capacity, the capacity[,] is
3-11 hereby reduced from 25,000 gallons per day to 10,000 gallons per
3-12 day.
3-13 (2) To conserve water in the district, the board by
3-14 rule may establish a limitation on the [The] number of households
3-15 that may be supplied by an exempt domestic well in the district,
3-16 pursuant to Subdivision (2), Subsection (a), Section 36.117
3-17 [52.170], Water Code. If the board does not establish a different
3-18 limitation, the number[,] is hereby reduced to five or less.
3-19 (3) Notwithstanding the provisions of Subdivision (1)
3-20 of this subsection, the district may not deny a property owner the
3-21 right to drill a well or produce groundwater from the property if
3-22 the well meets minimum construction, spacing, and production
3-23 standards.
3-24 (e) In addition to other remedies for violations of permits,
3-25 rules, or orders, the district has the power to enforce its
4-1 permits, orders, and rules as follows:
4-2 (1) If it appears that a person has violated or is
4-3 violating any provision of Chapter 36 [52], Water Code, or any
4-4 order, permit, or rule of the district, the district may file civil
4-5 suit in a district court of the county in which the violation
4-6 occurs to obtain:
4-7 (A) injunctive relief to restrain the person
4-8 from continuing the violation;
4-9 (B) assessment and recovery of a civil penalty
4-10 of not less than $50 or more than $1,000 for each violation and for
4-11 each day of violation; or
4-12 (C) both injunctive relief and civil penalties.
4-13 (2) Upon application for injunctive relief and a
4-14 finding that a person is violating or threatening to violate any
4-15 provision of this Act or any rule, permit, or other order of the
4-16 district, the district court shall grant injunctive relief as the
4-17 facts may warrant.
4-18 (3) Initiation of legal action to obtain penalties
4-19 shall be authorized by resolution of the board of directors or by
4-20 the district's general manager, if authorized by the board.
4-21 (4) The district is not required to post bond or other
4-22 security with the court under this section and may recover
4-23 reasonable attorney's fees and expert witness's fees in suits
4-24 brought under this section.
4-25 (f)(1) The legislature finds that the City of Austin
5-1 currently receives, by way of the discharge of Barton Springs, a
5-2 recreational benefit, dilution of urban storm water runoff in Town
5-3 Lake, and contribution to its municipal water supply in an overall
5-4 volume roughly equivalent to existing usage by other nonexempt
5-5 users of water from the aquifer[, and that the City of Austin shall
5-6 elect two of the five members of the district's board of
5-7 directors].
5-8 (2) The board may assess a fee against:
5-9 (A) the City of Austin;
5-10 (B) a public or private water utility that uses
5-11 groundwater from the district; or
5-12 (C) a private person who pumps groundwater from
5-13 the district [the City of Austin, as a water use fee, each year an
5-14 amount not to exceed 40 percent of the total funding of the
5-15 district received from water use fees assessed against Austin and
5-16 other nonexempt users].
5-17 (3) A fee assessed under Subdivision (2) of this
5-18 subsection must be assessed according to a living unit equivalent,
5-19 as defined by board rule, or assessed by meter. In assessing a
5-20 fee, the board may differentiate between meters on any reasonable
5-21 basis, including:
5-22 (A) consumption;
5-23 (B) potential demand;
5-24 (C) meter size; or
5-25 (D) line size.
6-1 (4) The City of Austin, and any public or private
6-2 water utility assessed a fee under Subdivision (2) of this
6-3 subsection, shall collect and pay the fee to the district.
6-4 (5) The City of Austin and public or private water
6-5 utilities may include a fee assessed by the district under
6-6 Subdivision (2) of this subsection as a part of the base rate of a
6-7 customer's monthly statement.
6-8 (6) Subdivisions (4) and (5) of this subsection do not
6-9 apply to a utility that:
6-10 (A) the City of Austin supplies with water; and
6-11 (B) is assessed a fee as part of the utility's
6-12 wholesale cost.
6-13 (7) Fees assessed under Subdivision (2) of this
6-14 subsection in the first year the district assesses those fees may
6-15 not exceed 110 percent of the greatest total annual revenue the
6-16 district received in any previous fiscal year.
6-17 (8) Except as provided by Subdivision (7) of this
6-18 subsection, if a fee assessed under Subdivision (2) of this
6-19 subsection exceeds 108 percent of the comparable fee assessed in
6-20 the fiscal year that immediately preceded the assessment, excluding
6-21 the proportional amount of the fees used to service debt, the
6-22 qualified voters of the district may petition the board to hold an
6-23 election to reduce the fee to an amount equal to 108 percent of the
6-24 previous comparable fee. If the board receives a petition under
6-25 this subdivision, the board shall consider the petition and
7-1 determine whether to hold an election to reduce the fee in the
7-2 manner provided by Section 26.07, Tax Code, as if the fee were a
7-3 tax subject to that section. If the board calls an election, the
7-4 district shall hold the election in accordance with the procedure
7-5 provided for an election under Section 26.07, Tax Code, as if the
7-6 fee were a tax subject to that section. If the fee is reduced as a
7-7 result of an election held under this subdivision, the district
7-8 shall prepare new bills for the fees and shall make refunds in the
7-9 manner provided by Section 26.07, Tax Code, as if the fee were a
7-10 tax subject to that section. A petition under this subdivision is
7-11 valid only if the petition:
7-12 (A) states that it is intended to require an
7-13 election in the district on the question of reducing a fee assessed
7-14 under Subdivision (2) of this subsection;
7-15 (B) is signed by a number of qualified voters of
7-16 the district equal to at least 10 percent of the number of
7-17 qualified voters of the district; and
7-18 (C) is presented to the board on or before the
7-19 90th day after the date the board assessed the fee for the current
7-20 fiscal year.
7-21 (9) Subsection (d), Section 36.205, Water Code, does
7-22 not apply if the district assesses a fee against the City of Austin
7-23 under Subdivision (2) of this subsection.
7-24 (10) The district is subject to Chapter 551,
7-25 Government Code. The board shall hold each public meeting at a
8-1 time of day and on a date reasonably calculated to allow members of
8-2 the working public to attend.
8-3 (g) The district may own, construct, and operate in the
8-4 district a wastewater treatment plant or other facility that may:
8-5 (1) prevent or reduce the probability of pollution of
8-6 the aquifer; or
8-7 (2) enhance water conservation or reduce water
8-8 consumption.
8-9 SECTION 2. Section 9, Chapter 429, Acts of the 70th
8-10 Legislature, Regular Session, 1987, is amended to read as
8-11 follows:
8-12 Sec. 9. DISTRICT FINANCES. (a) In addition to the
8-13 authority provided by Subchapters E and F, Chapter 36, Water Code,
8-14 the district may borrow money to acquire an interest in real
8-15 property or for a capital project. This subsection does not apply
8-16 to the district's authority regarding bonds.
8-17 (b) The district may pay or reimburse a travel expense only
8-18 if:
8-19 (1) the expense is reasonable and necessary; and
8-20 (2) the purpose of the travel clearly involves
8-21 official business and is consistent with the district's legal
8-22 authority.
8-23 (c) The district may pay or reimburse a travel expense
8-24 according to requirements of an applicable federal law or rule.
8-25 The district may not apply this section in a manner that conflicts
9-1 with any applicable federal law or rule.
9-2 (d) The district shall minimize the amount of reimbursed
9-3 travel expenses. The district shall ensure that each travel
9-4 arrangement is the most cost-effective, considering all relevant
9-5 circumstances [BORROWING MONEY. The district may borrow money for
9-6 purposes of the district authorized by law according to the
9-7 provisions of Subchapter J, Chapter 51, Water Code. The district
9-8 may not borrow money for a period of more than one year].
9-9 SECTION 3. If any section, sentence, clause, or part of this
9-10 Act shall for any reason be held invalid, such invalidity shall not
9-11 affect the remaining portions of the Act, and it is hereby declared
9-12 to be the intention of this legislature to have passed each
9-13 section, sentence, clause, or part irrespective of the fact that
9-14 any other section, sentence, clause, or part may be declared
9-15 invalid.
9-16 SECTION 4. The importance of this legislation and the
9-17 crowded condition of the calendars in both houses create an
9-18 emergency and an imperative public necessity that the
9-19 constitutional rule requiring bills to be read on three several
9-20 days in each house be suspended, and this rule is hereby suspended,
9-21 and that this Act take effect and be in force from and after its
9-22 passage, and it is so enacted.