By Hilderbran H.B. No. 3808 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 Bergesland 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 Bergesland Groundwater Conservation 1-8 District, is created in Kendall County, subject to approval at a 1-9 confirmation election under Section 9 of this Act. The district is 1-10 a governmental agency and a body politic and corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 (c) The district may develop and implement regulatory, 1-15 conservation, and recharge programs that preserve and protect 1-16 underground water resources located in the district. 1-17 SECTION 2. DEFINITIONS. In this Act: 1-18 (1) "District" means the Bergesland Groundwater 1-19 Conservation District. 1-20 (2) "Retail public utility" means a retail public 1-21 utility as defined by Section 13.002, Water Code, that is providing 1-22 service in the district on the effective date of this Act. 1-23 (3) "Well" means any excavation drilled or dug into 1-24 the ground that may intercept or penetrate a water bearing strata 2-1 or formation. 2-2 SECTION 3. BOUNDARIES. The boundaries of the district are 2-3 coextensive with the boundaries of Kendall County. 2-4 SECTION 4. FINDING OF BENEFIT. All of the land and other 2-5 property included within the boundaries of the district will be 2-6 benefited by the works and projects that are to be accomplished by 2-7 the district under powers conferred by Section 59, Article XVI, 2-8 Texas Constitution. The district is created to serve a public use 2-9 and benefit. 2-10 SECTION 5. POWERS. Except as provided by this Act, the 2-11 district has all of the rights, powers, privileges, authority, 2-12 functions, and duties provided by the general law of this state, 2-13 including Chapter 36, Water Code, applicable to groundwater 2-14 conservation districts created under Section 59, Article XVI, Texas 2-15 Constitution. This Act prevails over any provision of general law 2-16 that is in conflict or inconsistent with this Act. 2-17 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the 2-18 district shall be elected according to the commissioners precinct 2-19 method as provided by this Act. 2-20 (b) One director shall be elected by the qualified voters of 2-21 the entire district and one director shall be elected from each 2-22 county commissioners precinct by the qualified voters of that 2-23 precinct. 2-24 (c) A person shall indicate on the application for a place 2-25 on the ballot the precinct that the person seeks to represent or 2-26 that the person seeks to represent the district at large. 2-27 SECTION 7. BOARD OF DIRECTORS. (a) The district is 3-1 governed by a board of five directors. 3-2 (b) A vacancy in the office of director shall be filled by 3-3 appointment of the board until the next election for directors. At 3-4 the next election for directors, a person shall be elected to fill 3-5 the position. If the position is not scheduled to be filled at the 3-6 election, the person elected to fill the position shall serve only 3-7 for the remainder of the unexpired term. 3-8 (c) To be eligible to serve as director a person must be a 3-9 registered voter in the precinct from which the person is elected 3-10 or appointed if representing a precinct or in the district if 3-11 representing the district at large. 3-12 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 3-13 directors is composed of: 3-14 (1) James W. (Bill) Gooden--at large 3-15 (2) John C. Kight--precinct 1 3-16 (3) L. M. Holman--precinct 2 3-17 (4) Darrel Lux--precinct 3 3-18 (5) Duane DuBose--precinct 4 3-19 (b) If a temporary director fails to qualify for office, the 3-20 temporary directors who have qualified shall appoint a person to 3-21 fill the vacancy. If at any time there are fewer than three 3-22 qualified temporary directors, the Texas Natural Resource 3-23 Conservation Commission shall appoint the necessary number of 3-24 persons to fill all vacancies on the board. 3-25 SECTION 9. CONFIRMATION ELECTION. (a) The temporary board 3-26 of directors shall call and hold an election to confirm 3-27 establishment of the district. 4-1 (b) Section 41.001(a), Election Code, does not apply to a 4-2 confirmation election held as provided by this section. 4-3 (c) If a majority of the votes cast at the election favor 4-4 the creation of the district, the temporary directors shall declare 4-5 the district created. If a majority of the votes cast at the 4-6 election are against the creation of the district, the temporary 4-7 directors shall declare the district defeated. The temporary 4-8 directors shall file a copy of the election results with the Texas 4-9 Natural Resource Conservation Commission. 4-10 (d) If a majority of the votes cast at the election are 4-11 against the creation of the district, the temporary directors may 4-12 call and hold subsequent elections to confirm establishment of the 4-13 district. A subsequent election may not be held earlier than the 4-14 first anniversary of the date on which the previous election was 4-15 held. If the district is not created before the fifth anniversary 4-16 of the effective date of this Act, this Act expires on that date. 4-17 (e) Section 36.017(a), Water Code, does not apply to the 4-18 district. 4-19 (f) Except as provided by this section, a confirmation 4-20 election must be conducted as provided by Sections 36.017(b)-(h), 4-21 Water Code, and the Election Code. 4-22 SECTION 10. INITIAL DIRECTORS. (a) If creation of the 4-23 district is confirmed under Section 9 of this Act, the temporary 4-24 directors shall become the initial directors of the district and 4-25 serve on the board of directors as provided by this section. 4-26 (b) The temporary directors for precincts 2 and 3 shall 4-27 serve as initial directors until the first regular meeting of the 5-1 board of directors held after the first permanent directors' 5-2 election under Section 12 of this Act. The temporary directors for 5-3 precincts 1 and 4 and the temporary director representing the 5-4 district at large shall serve as initial directors until the first 5-5 regular meeting of the board of directors held after the second 5-6 permanent directors' election under Section 12 of this Act. 5-7 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors 5-8 serve until the temporary directors become initial directors under 5-9 Section 10 of this Act or this Act expires under Section 9, 5-10 whichever occurs earlier. 5-11 (b) Initial directors serve until permanent directors are 5-12 elected under Section 12 of this Act. 5-13 (c) Permanent directors serve staggered four-year terms. 5-14 (d) A director serves until the director's successor has 5-15 qualified. 5-16 (e) Each director must qualify to serve as director in the 5-17 manner provided by Section 36.055, Water Code. 5-18 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in 5-19 the second year after the year in which the district is authorized 5-20 to be created at a confirmation election, an election shall be held 5-21 in the district on the first Saturday in May every two years to 5-22 elect the appropriate number of directors to the board. 5-23 SECTION 13. ADDITIONAL AUTHORITY. (a) The district may 5-24 contract with one or more state agencies or other governmental 5-25 bodies, including a county, a river authority, or another district 5-26 to carry out any function of the district. 5-27 (b) Except for public water supply wells owned by retail 6-1 public utilities, the district may require a drilling permit before 6-2 a new well is drilled or an existing well is substantially altered. 6-3 Notwithstanding an exemption for a well under Section 36.117, Water 6-4 Code, written authorization granted by the district must be 6-5 received before a new well is drilled or an existing well is 6-6 substantially altered. 6-7 (c) The district may participate in the construction, 6-8 implementation, and maintenance of best management practices for 6-9 water resource management in the district and may engage in and 6-10 promote the acceptance of best management practices through 6-11 education efforts sponsored by the district. Construction, 6-12 implementation, and maintenance of best management practices must 6-13 address water quantity and quality practices such as brush 6-14 management, prescribed grazing, recharge structures, water and silt 6-15 detention and retention structures, plugging of abandoned wells, 6-16 and other treatment measures for the conservation of water 6-17 resources. 6-18 (d) Except for public water supply wells owned by retail 6-19 public utilities, reasonable fees, as determined by the district, 6-20 may be imposed on an annual basis on each nonexempt well. The 6-21 district shall adopt any rules necessary for the assessment and 6-22 collection of fees under this subsection. 6-23 (e) The district may use money collected from fees: 6-24 (1) in any manner necessary for the management and 6-25 operation of the district; 6-26 (2) to pay all or part of the principal of and 6-27 interest on district bonds or notes; and 7-1 (3) for any purpose consistent with the district's 7-2 certified water management plan, including making grants, loans, or 7-3 contractual payments to achieve, facilitate, or expedite the 7-4 development or distribution of alternative water supplies or 7-5 reductions in groundwater pumping. 7-6 (f) The district may grant an exemption or other relief from 7-7 ad valorem taxes on property on which a water conservation 7-8 initiative has been implemented. The district shall adopt rules to 7-9 implement this subsection. A retail public utility shall receive 7-10 the same exemption or relief from ad valorem taxes on property as 7-11 any other customer of the district would receive. 7-12 (g) As a water conservation initiative to encourage retail 7-13 public utilities to obtain water supplies from sources other than 7-14 groundwater and to make reclaimed water available for use, the 7-15 district shall exempt from taxation the taxpayers served by a 7-16 retail public utility if the retail public utility obtains or has 7-17 committed to obtain a portion of its water supply from sources 7-18 other than groundwater and uses reclaimed water or makes or has 7-19 committed to make reclaimed water available for use. 7-20 SECTION 14. PROHIBITED ACTS. The district may not: 7-21 (1) impose an ad valorem property tax for 7-22 administrative, operation, or maintenance expenses that exceeds the 7-23 lesser of the rate approved by the majority of the qualified voters 7-24 voting in the election authorizing the tax, or three cents per $100 7-25 valuation; 7-26 (2) require the owner of a well used solely for 7-27 domestic or livestock purposes to install a meter or measuring 8-1 device on the well; 8-2 (3) require a drilling, operating, or any other permit 8-3 for a public water supply well if the Texas Natural Resource 8-4 Conservation Commission approves the plan submitted for the 8-5 installation of the well and the well is drilled and completed in 8-6 accordance with the approved plan; 8-7 (4) sell, transport, or export groundwater outside of 8-8 the district; or 8-9 (5) enter into any contract or engage in any action to 8-10 supply water to any person in the service area of any municipality 8-11 or retail public utility located in the district, except with the 8-12 consent of the municipality or retail public utility. 8-13 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 8-14 (a) The proper and legal notice of the intention to introduce this 8-15 Act, setting forth the general substance of this Act, has been 8-16 published as provided by law, and the notice and a copy of this Act 8-17 have been furnished to all persons, agencies, officials, or 8-18 entities to which they are required to be furnished by the 8-19 constitution and other laws of this state, including the governor, 8-20 who has submitted the notice and Act to the Texas Natural Resource 8-21 Conservation Commission. 8-22 (b) The Texas Natural Resource Conservation Commission has 8-23 filed its recommendations relating to this Act with the governor, 8-24 lieutenant governor, and speaker of the house of representatives 8-25 within the required time. 8-26 (c) All requirements of the constitution and laws of this 8-27 state and the rules and procedures of the legislature with respect 9-1 to the notice, introduction, and passage of this Act are fulfilled 9-2 and accomplished. 9-3 SECTION 16. EMERGENCY. The importance of this legislation 9-4 and the crowded condition of the calendars in both houses create an 9-5 emergency and an imperative public necessity that the 9-6 constitutional rule requiring bills to be read on three several 9-7 days in each house be suspended, and this rule is hereby suspended, 9-8 and that this Act take effect and be in force from and after its 9-9 passage, and it is so enacted.