By Hilderbran H.B. No. 3808
Substitute the following for H.B. No. 3808:
By Counts C.S.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.