SRC-ARR S.B. 635 76(R) BILL ANALYSIS
Senate Research Center S.B. 635
76R6876 TBy: Ogden
Natural Resources
4/15/1999
As Filed
DIGEST
City and county leaders in Robertson and Brazos Counties have spent 18
months negotiating an agreement to form a groundwater conservation district
as specified by Article XVI, Section 59, of the Texas Constitution. S.B.
365 would create the Robertson-Brazos County Groundwater Conservation
District and provides the authority to impose water use fees.
PURPOSE
As proposed, S.B. 635 creates the Robertson-Brazos County Groundwater
Conservation District under Article XVI, Section 59, of the Texas
Constitution and provides the authority to impose water use fees
RULEMAKING AUTHORITY
Rulemaking authority is granted to the board of directors of the
Robertson-Brazos County Groundwater Conservation District in SECTION 5(e)
of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. CREATION. Creates a groundwater conservation district, to be
known as the Robertson-Brazos County Groundwater Conservation District
(district), in Robertson County and Brazos County. Provides that the
district is a governmental agency and body, politic and corporate. Provides
that the district is created under and is essential to accomplish the
purposes of Article XVI, Section 59 of the Texas Constitution.
SECTION 2. DEFINITION. Defines "district."
SECTION 3. BOUNDARIES. Provides that the boundaries of the district are
coextensive with the boundaries of Robertson County and Brazos County.
SECTION 4. FINDING OF BENEFIT. Provides that all of the land and other
property included within the boundaries of the district will be benefitted
by works and projects that are to be accomplished by the district under
powers conferred by Article XVI, Section 59, of the Texas Constitution.
Provides that the district is created to serve a public use and benefit.
SECTION 5. POWERS. Provides that the district has all of the rights,
powers, privileges, authority functions, and duties provided by the general
law of this state, including Chapters 36 and 49 of the Texas Water Code,
applicable to groundwater conservation districts created under Article XVI,
Section 59 of the Texas Constitution. Provides that this act prevails over
any provisions of general law that are in conflict or inconsistent with
this Act. Provides that the rights, powers, privileges, authority,
functions and duties of the district are subject to the continuing right of
supervision of the state to be exercised by and through the Texas Natural
Resource Conservation Commission (commission). Authorizes the district to
promulgate rules requiring a person to obtain a permit from the district
for the transfer of groundwater out of the district for the transfer of
groundwater out of the district consistent with the provisions of Section
36.122 of the Water Code. Prohibits it from being considered a transfer of
groundwater outside the boundaries of the district under Section 36.122 of
the Water Code for a certificated retail public utility whose source of
water as of the effective date of this Act is from a well or wells located
within the district to deliver water to its certificated services area
pursuant to a certificate of convenience and necessity issued by the
commission, or as such certificated area may be modified in the future by
the commission, provided that the water is not transported and used outside
of its certificated area. Prohibits the district from levying or
collecting taxes in the district. Grants authority, by rule, to the board
of directors of the district to impose reasonable fees on each well for
which a permit is issued by the district and which is not exempt from
regulation by the district. Sets forth the amounts of fees. Authorizes the
fees to be assessed on an annual basis, based on the size of column pipe
used in the well, the production capacity of the well, or actual,
authorized, or anticipated pumpage. Requires the wells meeting the criteria
established under Section 36.117 of the Texas Water Code to be exempt from
permit requirements, regulations, and fees imposed by the district.
Prohibits the district from exercising certain powers.
SECTION 6. BOARD OF DIRECTORS. Provides that the district is governed by a
board of six directors. Sets forth the terms of the directors. Requires the
initial directors to draw lots to determine one director from Robertson
County and one from Brazos County to serve an initial two-year term.
Requires the other directors to serve an initial term of four years.
Requires each director to qualify to serve as director in the manner
provided by Section 36.055 of the Texas Water Code. Provides that a
director serves until the director's successor has qualified. Authorizes
the directors to serve consecutive terms. Requires the governing body of
the entity that appointed the director who vacated the office to appoint a
director to serve the remainder of the term, if there is a vacancy on the
board. Prohibits the directors from being entitled to receive compensation
for serving as a director, but may be reimbursed for actual, reasonable
expenses incurred in the discharge of official duties.
SECTION 7. APPOINTMENT OF DIRECTORS. Sets forth the requirements for the
appointments of the directors.
SECTION 8. ORGANIZATION MEETING. Requires a majority of directors to
convene the organizational meeting of the directors at a location within
the district agreeable to a majority of the directors at which time the
directors will take office. Requires the organizational meeting to be at
the Robertson County Courthouse, if no location can be agreed upon.
SECTION 9. STATUTORY INTERPRETATION. Provides that this Act controls, if
there is a conflict between this Act and Chapter 36 or 49 of the Texas
Water Code. Provides that Chapter 36 controls, if there is a conflict
between Chapter 36 and 49.
SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. Provides that the
proper and legal notice of the intention to introduce this Act, setting
forth the general substance of this Act, has been published as provided by
law, and the notice and a copy of this Act have been furnished to all
persons, agencies, officials, or entities to which they are required to be
furnished by the Constitution and the laws of this state, including the
governor, who has submitted the notice and Act to the commission. Provides
that the commission has filed its recommendations relating to this Act with
the governor, lieutenant governor, and speaker of the house of
representatives within the required time. Provides that all requirements of
the Constitution and the laws of this state and rules and procedures of the
Legislature with respect to the notice, introduction, and passage of this
Act, are fulfilled and accomplished.
SECTION 11. Emergency clause.
Effective date: upon passage.