76R10705 E
By Cook, et al. H.B. No. 2237
Substitute the following for H.B. No. 2237:
By Counts C.S.H.B. No. 2237
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 Lost Pines Groundwater Conservation
1-4 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 Lost Pines Groundwater Conservation
1-8 District, is created in Bastrop and Lee counties subject to a
1-9 confirmation election held as provided by Section 8 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Lost Pines Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. Subject to Section 8(d) of this Act,
1-18 the boundaries of the district are coextensive with the boundaries
1-19 of Bastrop and Lee counties.
1-20 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-21 property included within the boundaries of the district will be
1-22 benefited by the works and projects that are to be accomplished by
1-23 the district under powers conferred by Section 59, Article XVI,
1-24 Texas Constitution. The district is created to serve a public use
2-1 and benefit.
2-2 SECTION 5. POWERS. (a) Except as provided by Subsection
2-3 (b) of this section, the district has all of the rights, powers,
2-4 privileges, authority, functions, and duties provided by the
2-5 general law of this state, including Chapter 36, Water Code,
2-6 applicable to groundwater conservation districts created under
2-7 Section 59, Article XVI, Texas Constitution. Chapter 49, Water
2-8 Code, does not apply to the district. This Act prevails over any
2-9 provision of general law that is in conflict or inconsistent with
2-10 this Act.
2-11 (b) The district may not levy or collect taxes.
2-12 (c) Notwithstanding Subsection (a) of this section, the
2-13 following provisions prevail over a conflicting or inconsistent
2-14 provision in this Act:
2-15 (1) Sections 36.107-36.108, Water Code;
2-16 (2) Sections 36.159-36.161, Water Code; and
2-17 (3) Subchapter I, Chapter 36, Water Code.
2-18 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-19 governed by a board of 12 directors.
2-20 (b) The directors shall be appointed as follows:
2-21 (1) the Bastrop County Commissioners Court shall
2-22 appoint two directors, one of whom must be a representative of
2-23 business and industry;
2-24 (2) the Lee County Commissioners Court shall appoint
2-25 two directors, one of whom must be a representative of business and
2-26 industry; and
2-27 (3) the governing bodies of each of the following
3-1 entities shall appoint one director:
3-2 (A) the City of Bastrop;
3-3 (B) the City of Elgin;
3-4 (C) the City of Smithville;
3-5 (D) the Lower Colorado River Authority;
3-6 (E) Aqua Water Supply Corporation;
3-7 (F) the City of Giddings;
3-8 (G) the City of Lexington; and
3-9 (H) Lee County Water Supply Corporation.
3-10 (c) Each appointing entity shall appoint initial directors
3-11 as soon as practicable but not later than 45 days after the
3-12 effective date of this Act.
3-13 (d) The initial directors shall draw lots to determine:
3-14 (1) which six directors shall serve four-year terms
3-15 that expire at the end of the calendar year four years after the
3-16 effective date of this Act; and
3-17 (2) which six directors shall serve two-year terms
3-18 that expire at the end of the calendar year two years after the
3-19 effective date of this Act.
3-20 (e) Except as provided by Subsection (d) of this section,
3-21 directors serve staggered four-year terms.
3-22 (f) Directors may serve consecutive terms.
3-23 (g) Each director must qualify to serve as director in the
3-24 manner provided by Section 36.055, Water Code.
3-25 (h) A director serves until the director's successor has
3-26 qualified.
3-27 (i) If a vacancy occurs on the board, the governing body of
4-1 the entity that appointed the director who vacated the office shall
4-2 appoint a director to serve the remainder of the term.
4-3 SECTION 7. ORGANIZATIONAL MEETING. (a) As soon as
4-4 practicable after the initial directors are appointed and have
4-5 qualified as provided by this Act, the directors shall hold the
4-6 organizational meeting of the board.
4-7 (b) The directors shall hold the meeting:
4-8 (1) at a location within the district agreeable to a
4-9 majority of the directors; or
4-10 (2) at the Bastrop County Courthouse if the directors
4-11 cannot agree on a location.
4-12 SECTION 8. CONFIRMATION ELECTION. (a) The initial board of
4-13 directors shall call and hold an election in each of the two
4-14 counties, individually, to confirm the establishment of the
4-15 district.
4-16 (b) Section 41.001(a), Election Code, does not apply to a
4-17 confirmation election held as provided by this section.
4-18 (c) The ballot for the election must be printed to provide
4-19 for voting for or against the proposition: "The creation of the
4-20 Lost Pines Groundwater Conservation District."
4-21 (d) If a majority of the qualified voters voting in the
4-22 election in each county vote to confirm the district, the district
4-23 is confirmed as to both Bastrop and Lee counties. If a majority of
4-24 the qualified voters voting in the election in only one of the two
4-25 counties vote to confirm the creation of the district, the district
4-26 is created coterminous with the boundaries of that county only.
4-27 (e) The offices of the initial directors appointed by the
5-1 commissioners court and the city councils of municipalities in a
5-2 county that does not confirm the district lapse effective on the
5-3 date the canvass of the vote failing to confirm the district is
5-4 recorded. If the terms of the remaining initial directors are not
5-5 staggered as provided for by the drawing under Section 6(d) of this
5-6 Act, the remaining initial directors shall redraw lots to provide
5-7 for staggered terms.
5-8 (f) If the establishment of the district has not been
5-9 confirmed at an election held under this section before the second
5-10 anniversary of the effective date of this Act, this Act expires on
5-11 that date.
5-12 SECTION 9. PERMIT EXEMPTIONS. (a) Except as provided by
5-13 Subsections (b) and (c) of this section and Sections 10-12 of this
5-14 Act, Section 36.117, Water Code, applies to the district and to all
5-15 wells within the district.
5-16 (b) The district may not require a permit for, impose a fee
5-17 on, or restrict production of a well that is:
5-18 (1) not capable of producing more than 50,000 gallons
5-19 of groundwater a day; or
5-20 (2) exempt under Section 36.117(e), Water Code, as a
5-21 well permitted for mining purposes by the Railroad Commission of
5-22 Texas, to the extent that the well does not produce a greater
5-23 volume of groundwater than that produced for mining purposes.
5-24 (c) The district may require a permit for, impose a fee on,
5-25 or restrict production and withdrawals from a well described by
5-26 Subsection (b)(2) of this section for the volume of groundwater
5-27 produced that exceeds the volume produced for mining purposes.
6-1 SECTION 10. TRANSFER PERMITS FOR CERTAIN EXEMPT WELLS;
6-2 TRANSPORTATION FEE. (a) The district, without notice or hearing,
6-3 shall issue to a person who desires to transfer water from the
6-4 district from a well exempt under Section 9(b)(2) of this Act an
6-5 unconditional permit for the volume of groundwater produced from
6-6 that well for mining purposes. The district may require a permit
6-7 and charge fees to authorize the transfer from the district of any
6-8 volume of groundwater produced from a well exempt under Section
6-9 9(b)(2) of this Act that exceeds the volume produced for mining
6-10 purposes.
6-11 (b) The district may not charge a pumping fee under Section
6-12 13(a) of this Act for a well exempt under Section 9(b)(2) of this
6-13 Act but may charge a water transportation fee for all mining water
6-14 transported from the district to compensate the district for the
6-15 conservation, preservation, protection, recharging, and prevention
6-16 of waste of groundwater and of groundwater reservoirs or their
6-17 subdivisions and for controlling subsidence caused by withdrawal of
6-18 water from those groundwater reservoirs or their subdivisions. The
6-19 water transportation fee may not exceed the fee charged to other
6-20 persons who transport water from the district or a fee charged for
6-21 withdrawing water under Section 13(a) of this Act.
6-22 (c) Groundwater produced for mining that is discharged and
6-23 not sold may not be considered to have been transferred from the
6-24 district.
6-25 SECTION 11. PERMITS AND OTHER REQUIREMENTS FOR CERTAIN WATER
6-26 UNDER CONTRACT. (a) The district shall issue permits for the
6-27 transfer, production, or withdrawal of groundwater to a person who
7-1 before March 4, 1999, contracted in writing to supply to another
7-2 person groundwater withdrawn from one or more existing or proposed
7-3 wells within the district. Except as provided by Subsection (b) of
7-4 this section, the permits shall authorize the production or
7-5 withdrawal annually of a total volume of groundwater not to exceed
7-6 the smallest of the following volumes:
7-7 (1) the total volume of groundwater in the district
7-8 annually available for permitting as determined by the district,
7-9 taking into consideration relevant studies performed by the Texas
7-10 Water Development Board or other similar studies; or
7-11 (2) a volume equal to 40,000 acre-feet annually from
7-12 within the district, less the total volume of water the supplier
7-13 produces annually within the district for mining purposes.
7-14 (b) A permit or group of permits issued to the same person
7-15 under Subsection (a) of this section may not authorize that person
7-16 to produce or withdraw annually in any county in the district a
7-17 volume of groundwater that exceeds a volume equal to 30,000
7-18 acre-feet, less the total volume of groundwater the supplier
7-19 produces or withdraws annually in the county for mining purposes.
7-20 (c) The Railroad Commission of Texas shall ensure that all
7-21 requirements imposed by that agency on a supplier to mitigate
7-22 impacts caused by withdrawals of groundwater for mining purposes in
7-23 any county in the district apply also to all withdrawals of
7-24 groundwater in that county that are required to be permitted by the
7-25 district under Subsection (a) of this section.
7-26 (d) The district under Section 36.116, Water Code, may
7-27 provide for the spacing of nonexempt wells proposed by a supplier,
8-1 and the construction of those wells is subject to rules adopted by
8-2 the district.
8-3 SECTION 12. EMERGENCY TRANSFER BY RETAIL PUBLIC UTILITY. A
8-4 retail public utility that owns wells located in and permitted by
8-5 the district may transport water outside the district for emergency
8-6 purposes for a period not to exceed 90 days. Transportation of
8-7 water outside the district under this section may be voluntary or
8-8 may be directed by the Texas Natural Resource Conservation
8-9 Commission.
8-10 SECTION 13. FEES. (a) The board of directors of the
8-11 district by rule may impose reasonable fees on the owner, the
8-12 operator, or both the owner and the operator of each well in the
8-13 district, regardless of the date on which the well was drilled or
8-14 began producing, if a permit is issued for the well by the district
8-15 and the well is not exempt from regulation by the district.
8-16 (b) The district may use all fees collected under applicable
8-17 law for all purposes necessary to carry out the purposes of this
8-18 Act and the powers granted by Chapter 36, Water Code, as the
8-19 district considers necessary for the district's protection,
8-20 conservation, and regulation of groundwater, including
8-21 administrative and operating expense.
8-22 (c) A fee that is based on the amount of water to be
8-23 withdrawn from a well may not exceed the limits set by Section
8-24 36.205(c), Water Code.
8-25 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
8-26 (a) The proper and legal notice of the intention to introduce this
8-27 Act, setting forth the general substance of this Act, has been
9-1 published as provided by law, and the notice and a copy of this Act
9-2 have been furnished to all persons, agencies, officials, or
9-3 entities to which they are required to be furnished by the
9-4 constitution and other laws of this state, including the governor,
9-5 who has submitted the notice and Act to the Texas Natural Resource
9-6 Conservation Commission.
9-7 (b) The Texas Natural Resource Conservation Commission has
9-8 filed its recommendations relating to this Act with the governor,
9-9 lieutenant governor, and speaker of the house of representatives
9-10 within the required time.
9-11 (c) All requirements of the constitution and laws of this
9-12 state and the rules and procedures of the legislature with respect
9-13 to the notice, introduction, and passage of this Act are fulfilled
9-14 and accomplished.
9-15 SECTION 15. EMERGENCY. The importance of this legislation
9-16 and the crowded condition of the calendars in both houses create an
9-17 emergency and an imperative public necessity that the
9-18 constitutional rule requiring bills to be read on three several
9-19 days in each house be suspended, and this rule is hereby suspended,
9-20 and that this Act take effect and be in force from and after its
9-21 passage, and it is so enacted.