By Cook H.B. No. 2237
76R3618 MI-F
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 Bastrop-Lee Counties Groundwater
1-4 Conservation District; granting the power of eminent domain.
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 Bastrop-Lee Counties Groundwater
1-8 Conservation District, is created in Bastrop and Lee counties
1-9 subject to a confirmation election held as provided by Section 9 of
1-10 this Act. The district is a governmental agency and a body politic
1-11 and 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 Bastrop-Lee Counties Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Bastrop and Lee counties.
1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-20 property included within the boundaries of the district will be
1-21 benefited by the works and projects that are to be accomplished by
1-22 the district under powers conferred by Section 59, Article XVI,
1-23 Texas Constitution. The district is created to serve a public use
1-24 and benefit.
2-1 SECTION 5. POWERS. (a) Except as provided by Subsections
2-2 (c)-(e) of this section, the district has all of the rights,
2-3 powers, privileges, authority, functions, and duties provided by
2-4 the general law of this state, including Chapter 36, Water Code,
2-5 applicable to groundwater conservation districts created under
2-6 Section 59, Article XVI, Texas Constitution. Chapter 49, Water
2-7 Code, does not apply to the district. This Act prevails over any
2-8 provision of general law that is in conflict or inconsistent with
2-9 this Act.
2-10 (b) The rights, powers, privileges, authority, functions,
2-11 and duties of the district are subject to the continuing right of
2-12 supervision of the state to be exercised by and through the Texas
2-13 Natural Resource Conservation Commission.
2-14 (c) The district may not levy or collect taxes.
2-15 (d) The district may not require a permit for, impose a fee
2-16 on, or restrict production of a well that is not capable of
2-17 producing more than 50,000 gallons of groundwater a day.
2-18 (e) Notwithstanding Subsection (a) of this section, the
2-19 following provisions prevail over a conflicting or inconsistent
2-20 provision in this Act:
2-21 (1) Sections 36.107-36.108, Water Code;
2-22 (2) Sections 36.159-36.161, Water Code; and
2-23 (3) Subchapter I, Chapter 36, Water Code.
2-24 SECTION 6. WATER EXPORT RULES. (a) The board of directors
2-25 of the district by rule shall define "export line" to mean the
2-26 outer perimeter of the area that extends five miles from the outer
2-27 perimeter of the combined area described or delineated in
3-1 certificates of convenience and necessity issued by the Texas
3-2 Natural Resource Conservation Commission, in effect on January 1,
3-3 1999, and held by:
3-4 (1) Aqua Water Supply Corporation;
3-5 (2) Manville Water Supply Corporation;
3-6 (3) the City of Bastrop;
3-7 (4) the City of Elgin;
3-8 (5) the City of Smithville;
3-9 (6) the City of Giddings;
3-10 (7) the City of Lexington; and
3-11 (8) Lee County Water Supply Corporation.
3-12 (b) The board by rule may require a person to obtain a
3-13 permit from the district to transfer groundwater outside the export
3-14 line. The rules must be consistent with Section 36.122, Water
3-15 Code, except that the export line is substituted for the district
3-16 boundaries.
3-17 (c) This section does not affect the right of a retail
3-18 public utility listed in Subsection (a) of this section to contract
3-19 to provide wholesale or bulk water to a customer who resells water
3-20 for consumption within the export line without regard to whether
3-21 that water is provided under a certificate of convenience and
3-22 necessity.
3-23 (d) This section does not restrict a retail public utility
3-24 listed in Subsection (a) of this section from transporting water
3-25 outside the export line for emergency purposes for a period not to
3-26 exceed 90 days. Transportation of water outside the export line
3-27 under this subsection may be voluntary or may be directed by the
4-1 Texas Natural Resource Conservation Commission.
4-2 (e) On or before the 30th day after the effective date of
4-3 this Act, each retail public utility listed in Subsection (a) of
4-4 this section shall file with the district the certificate of
4-5 convenience and necessity held by that utility and in effect on
4-6 January 1, 1999.
4-7 SECTION 7. FEES. (a) The board of directors of the
4-8 district by rule may impose reasonable fees on the owner, operator,
4-9 or both the owner and the operator of each well in the district,
4-10 regardless of the date on which the well was drilled or began
4-11 producing, if a permit is issued for the well by the district and
4-12 the well is not exempt from regulation by the district.
4-13 (b) The district may use all fees collected under applicable
4-14 law for all purposes necessary to carry out the purposes of this
4-15 Act and the powers granted by Chapter 36, Water Code, as the
4-16 district considers necessary for the district's protection,
4-17 conservation, and regulation of groundwater, including
4-18 administrative and operating expense.
4-19 (c) A fee that is based on the amount of water to be
4-20 withdrawn from a well may not exceed the limits set by Section
4-21 36.205(c), Water Code.
4-22 SECTION 8. BOARD OF DIRECTORS. (a) The district is
4-23 governed by a board of 10 directors.
4-24 (b) The governing bodies of each of the following entities
4-25 shall appoint one director:
4-26 (1) the Bastrop County Commissioners Court;
4-27 (2) the City of Bastrop;
5-1 (3) the City of Elgin;
5-2 (4) the City of Smithville;
5-3 (5) the Lower Colorado River Authority;
5-4 (6) Aqua Water Supply Corporation;
5-5 (7) the Lee County Commissioners Court;
5-6 (8) the City of Giddings;
5-7 (9) the City of Lexington; and
5-8 (10) Lee County Water Supply Corporation.
5-9 (c) Each governing body shall appoint an initial director as
5-10 soon as practicable, but not later than 45 days after the effective
5-11 date of this Act.
5-12 (d) The initial directors shall draw lots to determine:
5-13 (1) which five directors shall serve four-year terms
5-14 that expire at the end of the calendar year four years after the
5-15 effective date of this Act; and
5-16 (2) which five directors shall serve two-year terms
5-17 that expire at the end of the calendar year two years after the
5-18 effective date of this Act.
5-19 (e) Except as provided by Subsection (d) of this section,
5-20 directors serve staggered four-year terms.
5-21 (f) Directors may serve consecutive terms.
5-22 (g) Each director must qualify to serve as director in the
5-23 manner provided by Section 36.055, Water Code.
5-24 (h) A director serves until the director's successor has
5-25 qualified.
5-26 (i) A director may not receive compensation for serving on
5-27 the board but is entitled to reimbursement for actual reasonable
6-1 expenses incurred in performing duties as a director.
6-2 (j) If a vacancy occurs on the board, the governing body of
6-3 the entity that appointed the director who vacated the office shall
6-4 appoint a director to serve the remainder of the term.
6-5 SECTION 9. ORGANIZATIONAL MEETING. (a) As soon as
6-6 practicable after the initial directors are appointed and have
6-7 qualified as provided by this Act, the directors shall hold the
6-8 organizational meeting of the board.
6-9 (b) The directors shall hold the meeting:
6-10 (1) at a location within the district agreeable to a
6-11 majority of the directors; or
6-12 (2) at the Bastrop County Courthouse if the directors
6-13 cannot agree on a location.
6-14 SECTION 10. CONFIRMATION ELECTION. (a) The initial board
6-15 of directors shall call and hold an election in each of the two
6-16 counties, individually, to confirm the establishment of the
6-17 district.
6-18 (b) Section 41.001(a), Election Code, does not apply to a
6-19 confirmation election held as provided by this section.
6-20 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-21 (a) The proper and legal notice of the intention to introduce this
6-22 Act, setting forth the general substance of this Act, has been
6-23 published as provided by law, and the notice and a copy of this Act
6-24 have been furnished to all persons, agencies, officials, or
6-25 entities to which they are required to be furnished by the
6-26 constitution and other laws of this state, including the governor,
6-27 who has submitted the notice and Act to the Texas Natural Resource
7-1 Conservation Commission.
7-2 (b) The Texas Natural Resource Conservation Commission has
7-3 filed its recommendations relating to this Act with the governor,
7-4 lieutenant governor, and speaker of the house of representatives
7-5 within the required time.
7-6 (c) All requirements of the constitution and laws of this
7-7 state and the rules and procedures of the legislature with respect
7-8 to the notice, introduction, and passage of this Act are fulfilled
7-9 and accomplished.
7-10 SECTION 12. EMERGENCY. The importance of this legislation
7-11 and the crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended,
7-15 and that this Act take effect and be in force from and after its
7-16 passage, and it is so enacted.