By Barrientos, et al. S.B. No. 28
Substitute the following for S.B. No. 28:
By Walker C.S.S.B. No. 28
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of the Barton Springs-Edwards
1-3 Aquifer Conservation District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Chapter 429, Acts of the 70th
1-6 Legislature, Regular Session, 1987, 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 36 [52], 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 36.201 [52.351], 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 36.201-36.204 [52.351
1-19 through 52.354], 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 wells, the production capacity of the well, or actual, authorized,
2-7 or anticipated pumpage. The board may utilize fees as both a
2-8 regulatory mechanism and a revenue-producing mechanism. If a fee
2-9 is assessed on a well's production capacity or actual, authorized,
2-10 or anticipated pumpage, the fee may not exceed 25 cents for each
2-11 1,000 gallons before September 1, 2001, and may not exceed 17 cents
2-12 for each 1,000 gallons on or after September 1, 2001. That
2-13 limitation does not apply to a fee assessed on pumpage that exceeds
2-14 the permitted pumpage volume. If, before September 1, 2001, the
2-15 fee is greater than 17 cents for each 1,000 gallons, the board
2-16 shall dedicate to capital or conservation projects the portion of
2-17 the fee revenue that exceeds the difference between:
2-18 (A) the sum of the fee revenue and the
2-19 contribution from the City of Austin made under Subsection (f)(2)
2-20 of this section; and
2-21 (B) $650,000.
2-22 (2) The board shall adopt rules relating to the rates
2-23 of fees, the manner and form for filing reports of fees, and the
2-24 manner of collection of fees.
2-25 (3) The money collected from fees may be used by the
2-26 district to manage and operate the district and to pay all or part
2-27 of the principal of and interest on district bonds or notes.
3-1 (d)(1) The production capacity for exempt wells within the
3-2 district, as specified in Section 36.117 [52.170], Water Code, is
3-3 hereby reduced from 25,000 gallons per day to 10,000 gallons per
3-4 day.
3-5 (2) The number of households that may be supplied by
3-6 an exempt domestic well in the district, pursuant to [Subdivision
3-7 (2),] Section 36.117(a)(2) [52.170], Water Code, is hereby reduced
3-8 to five or less.
3-9 (e) In addition to other remedies for violations of permits,
3-10 rules, or orders, the district has the power to enforce its
3-11 permits, orders, and rules as follows:
3-12 (1) If it appears that a person has violated or is
3-13 violating any provision of Chapter 36 [52], Water Code, or any
3-14 order, permit, or rule of the district, the district may file civil
3-15 suit in a district court of the county in which the violation
3-16 occurs to obtain:
3-17 (A) injunctive relief to restrain the person
3-18 from continuing the violation;
3-19 (B) assessment and recovery of a civil penalty
3-20 of not less than $50 or more than $1,000 for each violation and for
3-21 each day of violation; or
3-22 (C) both injunctive relief and civil penalties.
3-23 (2) Upon application for injunctive relief and a
3-24 finding that a person is violating or threatening to violate any
3-25 provision of this Act or any rule, permit, or other order of the
3-26 district, the district court shall grant injunctive relief as the
3-27 facts may warrant.
4-1 (3) Initiation of legal action to obtain penalties
4-2 shall be authorized by resolution of the board of directors or by
4-3 the district's general manager, if authorized by the board.
4-4 (4) The district is not required to post bond or other
4-5 security with the court under this section and may recover
4-6 reasonable attorney's fees and expert witness's fees in suits
4-7 brought under this section.
4-8 (f)(1) The legislature finds that the City of Austin
4-9 currently receives, by way of the discharge of Barton Springs,
4-10 contribution to its municipal water supply in an overall volume
4-11 roughly equivalent to existing usage by other nonexempt users of
4-12 water from the aquifer, and that the City of Austin shall elect two
4-13 of the five members of the district's board of directors.
4-14 (2) The board may assess the City of Austin, as a
4-15 water use fee:
4-16 (A) [,] each year before September 1, 2001, an
4-17 amount not to exceed 55 [40] percent of the total funding of the
4-18 district received from water use fees assessed against Austin and
4-19 other nonexempt users; and
4-20 (B) each year on or after September 1, 2001, an
4-21 amount not to exceed 60 percent of the total funding of the
4-22 district received from water use fees assessed against Austin and
4-23 other nonexempt users.
4-24 (g) This section prevails over any conflicting or
4-25 inconsistent provision of law.
4-26 SECTION 2. Chapter 429, Acts of the 70th Legislature,
4-27 Regular Session, 1987, is amended by adding Sections 7A and 7B to
5-1 read as follows:
5-2 Sec. 7A. TRAVEL GUIDELINES. (a) The district may pay or
5-3 reimburse a travel expense only if:
5-4 (1) the expense is reasonable and necessary; and
5-5 (2) the purpose of the travel clearly involves
5-6 official business and is consistent with the district's legal
5-7 authority.
5-8 (b) The district may pay or reimburse a travel expense
5-9 according to the provisions of the General Appropriations Act for a
5-10 state employee's travel expense.
5-11 (c) The district shall minimize the amount of reimbursed
5-12 travel expenses. The district shall ensure that each travel
5-13 arrangement is the most cost-effective, considering all relevant
5-14 circumstances.
5-15 Sec. 7B. MEETINGS REQUIREMENTS. (a) Meetings of the board
5-16 are subject to Chapter 551, Government Code.
5-17 (b) The board shall schedule each meeting of the board at a
5-18 time, date, and place calculated to enable members of the working
5-19 public to attend.
5-20 SECTION 3. Chapter 429, Acts of the 70th Legislature,
5-21 Regular Session, 1987, is amended by adding Section 9A to read as
5-22 follows:
5-23 Sec. 9A. ANNUAL AUDIT. (a) The Texas Natural Resource
5-24 Conservation Commission shall conduct an annual audit of the
5-25 district's finances, management, and operations.
5-26 (b) Copies of the commission's audit report shall be made
5-27 available to the public at the district's office and at the
6-1 commission's office in Austin.
6-2 (c) Not later than the 90th day after the date the board
6-3 receives the audit report under this section, the board shall
6-4 develop and the district shall begin to implement a plan to address
6-5 any shortcoming identified in the audit.
6-6 SECTION 4. (a) Except as provided by Subsection (b) of this
6-7 section, this Act takes effect immediately.
6-8 (b) Section 3 of this Act takes effect September 1, 1997,
6-9 except if S.B. No. 1, 75th Legislature, Regular Session, 1997,
6-10 becomes law and includes a provision that requires the Barton
6-11 Springs-Edwards Aquifer Conservation District to undergo a periodic
6-12 performance audit, Section 3 has no effect.
6-13 SECTION 5. The importance of this legislation and the
6-14 crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended,
6-18 and that this Act take effect and be in force according to its
6-19 terms, and it is so enacted.