By Hilderbran H.B. No. 3808
76R4258 WP-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 Kendall County Groundwater
1-4 Conservation 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 Kendall County Groundwater
1-8 Conservation District, is created in Kendall County, subject to
1-9 approval at a confirmation election under Section 9 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 (c) The district may develop and implement regulatory,
1-16 conservation, and recharge programs that preserve and protect
1-17 underground water resources located in the district.
1-18 SECTION 2. DEFINITIONS. In this Act:
1-19 (1) "District" means the Kendall County Groundwater
1-20 Conservation District.
1-21 (2) "Retail public utility" has the meaning assigned
1-22 by Section 13.002, Water Code.
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. (a) 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 (b) The rights, powers, privileges, authority, functions,
2-18 and duties of the district are subject to the continuing right of
2-19 supervision of the state to be exercised by and through the Texas
2-20 Natural Resource Conservation Commission.
2-21 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
2-22 district shall be elected according to the commissioners precinct
2-23 method as provided by this Act.
2-24 (b) One director shall be elected by the qualified voters of
2-25 the entire district and one director shall be elected from each
2-26 county commissioners precinct by the qualified voters of that
2-27 precinct.
3-1 (c) A person shall indicate on the application for a place
3-2 on the ballot the precinct that the person seeks to represent or
3-3 that the person seeks to represent the district at large.
3-4 (d) At the first election after the county commissioners
3-5 precincts are redrawn under Section 18, Article V, Texas
3-6 Constitution, four new directors shall be elected to represent the
3-7 precincts. The directors elected shall draw lots to determine
3-8 their terms.
3-9 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-10 governed by a board of five directors.
3-11 (b) A vacancy in the office of director shall be filled by
3-12 appointment of the board until the next election for directors. At
3-13 the next election for directors, a person shall be elected to fill
3-14 the position. If the position is not scheduled to be filled at the
3-15 election, the person elected to fill the position shall serve only
3-16 for the remainder of the unexpired term.
3-17 (c) To be eligible to serve as director a person must be a
3-18 registered voter in the precinct from which the person is elected
3-19 or appointed if representing a precinct or in the district if
3-20 representing the district at large.
3-21 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-22 directors is composed of:
3-23 (1) James W. (Bill) Gooden--at large
3-24 (2) John C. Kight--precinct 1
3-25 (3) L. M. Holman--precinct 2
3-26 (4) Darrel Lux--precinct 3
3-27 (5) Duane DuBose--precinct 4
4-1 (b) If a temporary director fails to qualify for office, the
4-2 temporary directors who have qualified shall appoint a person to
4-3 fill the vacancy. If at any time there are fewer than three
4-4 qualified temporary directors, the Texas Natural Resource
4-5 Conservation Commission shall appoint the necessary number of
4-6 persons to fill all vacancies on the board.
4-7 SECTION 9. CONFIRMATION ELECTION. (a) The temporary board
4-8 of directors shall call and hold an election to confirm
4-9 establishment of the district.
4-10 (b) Section 41.001(a), Election Code, does not apply to a
4-11 confirmation election held as provided by this section.
4-12 (c) If a majority of the votes cast at the election favor
4-13 the creation of the district, the temporary directors shall declare
4-14 the district created. If a majority of the votes cast at the
4-15 election are against the creation of the district, the temporary
4-16 directors shall declare the district defeated. The temporary
4-17 directors shall file a copy of the election results with the Texas
4-18 Natural Resource Conservation Commission.
4-19 (d) If a majority of the votes cast at the election are
4-20 against the creation of the district, the temporary directors may
4-21 call and hold subsequent elections to confirm establishment of the
4-22 district. A subsequent election may not be held earlier than the
4-23 first anniversary of the date on which the previous election was
4-24 held. If the district is not created before the fifth anniversary
4-25 of the effective date of this Act, this Act expires on that date.
4-26 (e) Section 36.017(a), Water Code, does not apply to the
4-27 district.
5-1 (f) Except as provided by this section, a confirmation
5-2 election must be conducted as provided by Sections 36.017(b)-(h),
5-3 Water Code, and the Election Code.
5-4 SECTION 10. INITIAL DIRECTORS. (a) If creation of the
5-5 district is confirmed under Section 9 of this Act, the temporary
5-6 directors shall become the initial directors of the district and
5-7 serve on the board of directors as provided by this section.
5-8 (b) The temporary directors for precincts 2 and 3 shall
5-9 serve as initial directors until the first regular meeting of the
5-10 board of directors held after the first permanent directors'
5-11 election under Section 12 of this Act. The temporary directors for
5-12 precincts 1 and 4 and the temporary director representing the
5-13 district at large shall serve as initial directors until the first
5-14 regular meeting of the board of directors held after the second
5-15 permanent directors' election under Section 12 of this Act.
5-16 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors
5-17 serve until the temporary directors become initial directors under
5-18 Section 10 of this Act or this Act expires under Section 9,
5-19 whichever occurs earlier.
5-20 (b) Initial directors serve until permanent directors are
5-21 elected under Section 12 of this Act.
5-22 (c) Permanent directors serve staggered four-year terms.
5-23 (d) A director serves until the director's successor has
5-24 qualified.
5-25 (e) Each director must qualify to serve as director in the
5-26 manner provided by Section 36.055, Water Code.
5-27 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in
6-1 the second year after the year in which the district is authorized
6-2 to be created at a confirmation election, an election shall be held
6-3 in the district on the first Saturday in May every two years to
6-4 elect the appropriate number of directors to the board.
6-5 SECTION 13. ADDITIONAL AUTHORITY. (a) The district may
6-6 contract with one or more state agencies or other governmental
6-7 bodies, including a county, a river authority, or another district
6-8 to carry out any function of the district.
6-9 (b) Except for public water supply wells owned by retail
6-10 public utilities, the district may require a drilling permit before
6-11 a new well is drilled or an existing well is substantially altered.
6-12 Notwithstanding an exemption for a well under Section 36.117, Water
6-13 Code, written authorization granted by the district must be
6-14 received before a new well is drilled or an existing well is
6-15 substantially altered.
6-16 (c) The district may participate in the construction,
6-17 implementation, and maintenance of best management practices for
6-18 water resource management in the district and may engage in and
6-19 promote the acceptance of best management practices through
6-20 education efforts sponsored by the district. Construction,
6-21 implementation, and maintenance of best management practices must
6-22 address water quantity and quality practices such as brush
6-23 management, prescribed grazing, recharge structures, water and silt
6-24 detention and retention structures, plugging of abandoned wells,
6-25 and other treatment measures for the conservation of water
6-26 resources.
6-27 (d) Except for public water supply wells owned by retail
7-1 public utilities, reasonable fees, as determined by the district,
7-2 may be imposed on an annual basis on each nonexempt well. The
7-3 district shall adopt any rules necessary for the assessment and
7-4 collection of fees under this subsection.
7-5 (e) The district may use money collected from fees:
7-6 (1) in any manner necessary for the management and
7-7 operation of the district;
7-8 (2) to pay all or part of the principal of and
7-9 interest on district bonds or notes; and
7-10 (3) for any purpose consistent with the district's
7-11 certified water management plan, including making grants, loans, or
7-12 contractual payments to achieve, facilitate, or expedite the
7-13 development or distribution of alternative water supplies or
7-14 reductions in groundwater pumping.
7-15 (f) The district may grant an exemption or other relief from
7-16 ad valorem taxes on property on which a water conservation
7-17 initiative has been implemented. The district shall adopt rules to
7-18 implement this subsection. A retail public utility shall receive
7-19 the same exemption or relief from ad valorem taxes on property as
7-20 any other customer of the district would receive.
7-21 SECTION 14. PROHIBITED ACTS. The district may not:
7-22 (1) impose an ad valorem property tax for
7-23 administrative, operation, or maintenance expenses that exceeds the
7-24 lesser of the rate approved by the majority of the qualified voters
7-25 voting in the election authorizing the tax, or five cents per $100
7-26 valuation;
7-27 (2) require the owner of a well used solely for
8-1 domestic or livestock purposes to install a meter or measuring
8-2 device on the well;
8-3 (3) require a drilling, operating, or any other permit
8-4 for a public water supply well if the Texas Natural Resource
8-5 Conservation Commission approves the plan submitted for the
8-6 installation of the well and the well is drilled and completed in
8-7 accordance with the approved plan;
8-8 (4) sell, transport, or export groundwater outside of
8-9 the district; or
8-10 (5) enter into any contract or engage in any action to
8-11 supply water to any person in the service area of any municipality
8-12 or retail public utility located in the district, except with the
8-13 consent of the municipality or retail public utility.
8-14 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
8-15 (a) The proper and legal notice of the intention to introduce this
8-16 Act, setting forth the general substance of this Act, has been
8-17 published as provided by law, and the notice and a copy of this Act
8-18 have been furnished to all persons, agencies, officials, or
8-19 entities to which they are required to be furnished by the
8-20 constitution and other laws of this state, including the governor,
8-21 who has submitted the notice and Act to the Texas Natural Resource
8-22 Conservation Commission.
8-23 (b) The Texas Natural Resource Conservation Commission has
8-24 filed its recommendations relating to this Act with the governor,
8-25 lieutenant governor, and speaker of the house of representatives
8-26 within the required time.
8-27 (c) All requirements of the constitution and laws of this
9-1 state and the rules and procedures of the legislature with respect
9-2 to the notice, introduction, and passage of this Act are fulfilled
9-3 and accomplished.
9-4 SECTION 16. EMERGENCY. The importance of this legislation
9-5 and the crowded condition of the calendars in both houses create an
9-6 emergency and an imperative public necessity that the
9-7 constitutional rule requiring bills to be read on three several
9-8 days in each house be suspended, and this rule is hereby suspended,
9-9 and that this Act take effect and be in force from and after its
9-10 passage, and it is so enacted.