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.