1-1 By: Barrientos, Armbrister S.B. No. 28
1-2 (In the Senate - Filed April 7, 1997; April 10, 1997, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 22, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 22, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 28 By: Barrientos
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the Barton Springs-Edwards Aquifer Conservation
1-11 District.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 2, Chapter 429, Acts of the 70th
1-14 Legislature, Regular Session, 1987, is amended to read as follows:
1-15 Sec. 2. Powers and Duties of District. (a)(1) The district
1-16 has the powers, duties, authority, and responsibilities provided by
1-17 Chapter 36 [52], Water Code, for underground water conservation
1-18 districts, except as modified in this section.
1-19 (2) The district may not adopt rules regulating zoning
1-20 or the subdivision of land.
1-21 (b)(1) Except as provided by Subdivision (2) of this
1-22 subsection, the district does not have the authority to levy taxes
1-23 under Section 36.201 [52.351], Water Code.
1-24 (2) If the user fee authorized by this section is held
1-25 unconstitutional by the Texas Supreme Court, the district may levy
1-26 a property tax as provided by Sections 36.201 [52.351] through
1-27 36.204 [52.354], Water Code. The property tax may be set in an
1-28 amount of not more than three cents for each $100 valuation of
1-29 property. An election must be called and held in the district to
1-30 approve the property tax and a majority of the qualified voters
1-31 voting at the election must approve the tax before the tax can be
1-32 levied and collected.
1-33 (c)(1) The board of directors of the district (the "board")
1-34 has by rule the authority to impose reasonable fees on each well
1-35 for which a permit is issued by the district and which is not
1-36 exempted from regulation by the district. The board by rule may
1-37 prioritize water use and may assign different fees according to the
1-38 priority of use. The fees may be assessed on an annual basis,
1-39 based upon the size of column pipe used in the wells, the
1-40 production capacity of the well, or actual, authorized, or
1-41 anticipated pumpage. The board may utilize fees as both a
1-42 regulatory mechanism and a revenue-producing mechanism.
1-43 (2) The board shall adopt rules relating to the rates
1-44 of fees, the manner and form for filing reports of fees, and the
1-45 manner of collection of fees.
1-46 (3) The money collected from fees may be used by the
1-47 district to manage and operate the district and to pay all or part
1-48 of the principal of and interest on district bonds or notes.
1-49 (4) Subsection (c), Section 36.205, Water Code, does
1-50 not apply to a fee assessed under this subsection.
1-51 (5) The district shall assess a fee as provided by
1-52 Subsection (d), Section 36.205, Water Code, unless the district
1-53 assesses a fee against the City of Austin under Subdivision (2) of
1-54 Subsection (f) of this section.
1-55 (6) The district may not assess a pumpage fee of more
1-56 than 30 cents per 1,000 gallons for a use authorized by a district
1-57 pumping permit. The limitation provided by this subdivision does
1-58 not apply to a fee assessed against pumpage that exceeds the
1-59 pumpage volume allowed. If the district assesses fees under
1-60 Subdivision (2) of Subsection (f) of this section, proceeds from
1-61 pumpage fees shall not be used for administration of the district
1-62 and shall be directly spent on capital projects designed to enhance
1-63 the quality and quantity of water in the aquifer.
1-64 (d)(1) The board by rule may establish a production capacity
2-1 for exempt wells within the district that supersedes the capacity
2-2 [, as] specified in Section 36.117 [52.170], Water Code. If the
2-3 board does not establish another capacity, the capacity[,] is
2-4 hereby reduced from 25,000 gallons per day to 10,000 gallons per
2-5 day.
2-6 (2) To conserve water in the district, the board by
2-7 rule may establish a limitation on the [The] number of households
2-8 that may be supplied by an exempt domestic well in the district,
2-9 pursuant to Subdivision (2), Subsection (a), Section 36.117
2-10 [52.170], Water Code. If the board does not establish a different
2-11 limitation, the number[,] is hereby reduced to five or less.
2-12 (3) Notwithstanding the provisions of Subdivision (1)
2-13 of this subsection, the district may not deny a property owner the
2-14 right to drill a well or produce groundwater from the property if
2-15 the well meets minimum construction, spacing, and production
2-16 standards.
2-17 (e) In addition to other remedies for violations of permits,
2-18 rules, or orders, the district has the power to enforce its
2-19 permits, orders, and rules as follows:
2-20 (1) If it appears that a person has violated or is
2-21 violating any provision of Chapter 36 [52], Water Code, or any
2-22 order, permit, or rule of the district, the district may file civil
2-23 suit in a district court of the county in which the violation
2-24 occurs to obtain:
2-25 (A) injunctive relief to restrain the person
2-26 from continuing the violation;
2-27 (B) assessment and recovery of a civil penalty
2-28 of not less than $50 or more than $1,000 for each violation and for
2-29 each day of violation; or
2-30 (C) both injunctive relief and civil penalties.
2-31 (2) Upon application for injunctive relief and a
2-32 finding that a person is violating or threatening to violate any
2-33 provision of this Act or any rule, permit, or other order of the
2-34 district, the district court shall grant injunctive relief as the
2-35 facts may warrant.
2-36 (3) Initiation of legal action to obtain penalties
2-37 shall be authorized by resolution of the board of directors or by
2-38 the district's general manager, if authorized by the board.
2-39 (4) The district is not required to post bond or other
2-40 security with the court under this section and may recover
2-41 reasonable attorney's fees and expert witness's fees in suits
2-42 brought under this section.
2-43 (f)(1) The legislature finds that the City of Austin
2-44 currently receives, by way of the discharge of Barton Springs, a
2-45 recreational benefit, dilution of urban storm water runoff in Town
2-46 Lake, and contribution to its municipal water supply in an overall
2-47 volume roughly equivalent to existing usage by other nonexempt
2-48 users of water from the aquifer[, and that the City of Austin shall
2-49 elect two of the five members of the district's board of
2-50 directors].
2-51 (2) The board may assess a fee against:
2-52 (A) the City of Austin;
2-53 (B) a public or private water utility that uses
2-54 groundwater from the district; or
2-55 (C) a private person who pumps groundwater from
2-56 the district [the City of Austin, as a water use fee, each year an
2-57 amount not to exceed 40 percent of the total funding of the
2-58 district received from water use fees assessed against Austin and
2-59 other nonexempt users].
2-60 (3) A fee assessed under Subdivision (2) of this
2-61 subsection must be assessed according to a living unit equivalent,
2-62 as defined by board rule, or assessed by meter. In assessing a
2-63 fee, the board may differentiate between meters on any reasonable
2-64 basis, including:
2-65 (A) consumption;
2-66 (B) potential demand;
2-67 (C) meter size; or
2-68 (D) line size.
2-69 (4) The City of Austin, and any public or private
3-1 water utility assessed a fee under Subdivision (2) of this
3-2 subsection, shall collect and pay the fee to the district.
3-3 (5) The City of Austin and public or private water
3-4 utilities may include a fee assessed by the district under
3-5 Subdivision (2) of this subsection as a part of the base rate of a
3-6 customer's monthly statement.
3-7 (6) Subdivisions (4) and (5) of this subsection do not
3-8 apply to a utility that:
3-9 (A) the City of Austin supplies with water; and
3-10 (B) is assessed a fee as part of the utility's
3-11 wholesale cost.
3-12 (7) Fees assessed under Subdivision (2) of this
3-13 subsection in the first year the district assesses those fees may
3-14 not exceed 110 percent of the greatest total annual revenue the
3-15 district received in any previous fiscal year.
3-16 (8) Except as provided by Subdivision (7) of this
3-17 subsection, if a fee assessed under Subdivision (2) of this
3-18 subsection exceeds 108 percent of the comparable fee assessed in
3-19 the fiscal year that immediately preceded the assessment, excluding
3-20 the proportional amount of the fees used to service debt, the
3-21 qualified voters of the district may petition the board to hold an
3-22 election to reduce the fee to an amount equal to 108 percent of the
3-23 previous comparable fee. If the board receives a petition under
3-24 this subdivision, the board shall consider the petition and
3-25 determine whether to hold an election to reduce the fee in the
3-26 manner provided by Section 26.07, Tax Code, as if the fee were a
3-27 tax subject to that section. If the board calls an election, the
3-28 district shall hold the election in accordance with the procedure
3-29 provided for an election under Section 26.07, Tax Code, as if the
3-30 fee were a tax subject to that section. If the fee is reduced as a
3-31 result of an election held under this subdivision, the district
3-32 shall prepare new bills for the fees and shall make refunds in the
3-33 manner provided by Section 26.07, Tax Code, as if the fee were a
3-34 tax subject to that section. A petition under this subdivision is
3-35 valid only if the petition:
3-36 (A) states that it is intended to require an
3-37 election in the district on the question of reducing a fee assessed
3-38 under Subdivision (2) of this subsection;
3-39 (B) is signed by a number of qualified voters of
3-40 the district equal to at least 10 percent of the number of
3-41 qualified voters of the district; and
3-42 (C) is presented to the board on or before the
3-43 90th day after the date the board assessed the fee for the current
3-44 fiscal year.
3-45 (9) Subsection (d), Section 36.205, Water Code, does
3-46 not apply if the district assesses a fee against the City of Austin
3-47 under Subdivision (2) of this subsection.
3-48 (10) The district is subject to Chapter 551,
3-49 Government Code. The board shall hold each public meeting at a
3-50 time of day and on a date reasonably calculated to allow members of
3-51 the working public to attend.
3-52 (g) The district may own, construct, and operate in the
3-53 district a wastewater treatment plant or other facility that may:
3-54 (1) prevent or reduce the probability of pollution of
3-55 the aquifer; or
3-56 (2) enhance water conservation or reduce water
3-57 consumption.
3-58 SECTION 2. Section 9, Chapter 429, Acts of the 70th
3-59 Legislature, Regular Session, 1987, is amended to read as
3-60 follows:
3-61 Sec. 9. DISTRICT FINANCES. (a) In addition to the
3-62 authority provided by Subchapters E and F, Chapter 36, Water Code,
3-63 the district may borrow money to acquire an interest in real
3-64 property or for a capital project. This subsection does not apply
3-65 to the district's authority regarding bonds.
3-66 (b) The district may pay or reimburse a travel expense only
3-67 if:
3-68 (1) the expense is reasonable and necessary; and
3-69 (2) the purpose of the travel clearly involves
4-1 official business and is consistent with the district's legal
4-2 authority.
4-3 (c) The district may pay or reimburse a travel expense
4-4 according to requirements of an applicable federal law or rule.
4-5 The district may not apply this section in a manner that conflicts
4-6 with any applicable federal law or rule.
4-7 (d) The district shall minimize the amount of reimbursed
4-8 travel expenses. The district shall ensure that each travel
4-9 arrangement is the most cost-effective, considering all relevant
4-10 circumstances [BORROWING MONEY. The district may borrow money for
4-11 purposes of the district authorized by law according to the
4-12 provisions of Subchapter J, Chapter 51, Water Code. The district
4-13 may not borrow money for a period of more than one year].
4-14 SECTION 3. If any section, sentence, clause, or part of this
4-15 Act shall for any reason be held invalid, such invalidity shall not
4-16 affect the remaining portions of the Act, and it is hereby declared
4-17 to be the intention of this legislature to have passed each
4-18 section, sentence, clause, or part irrespective of the fact that
4-19 any other section, sentence, clause, or part may be declared
4-20 invalid.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.
4-28 * * * * *