By Kuempel H.B. No. 3813 76R13439 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the Southeast Trinity Groundwater 1-3 Conservation District. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. CREATION. (a) A groundwater conservation 1-6 district, to be known as the Southeast Trinity Groundwater 1-7 Conservation District, is created in Comal County, subject to 1-8 approval at a confirmation election under Section 9 of this Act. 1-9 The district is a governmental agency and a body politic and 1-10 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 SECTION 2. DEFINITION. In this Act, "district" means the 1-15 Southeast Trinity Groundwater Conservation District. 1-16 SECTION 3. BOUNDARIES. The boundaries of the district are 1-17 coextensive with that part of Comal County located within the Hill 1-18 Country Priority Groundwater Management Area designated by the 1-19 Texas Natural Resource Conservation Commission by rule effective 1-20 July 16, 1990. 1-21 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-22 property included within the boundaries of the district will be 1-23 benefited by the works and projects that are to be accomplished by 1-24 the district under powers conferred by Section 59, Article XVI, 2-1 Texas Constitution. The district is created to serve a public use 2-2 and benefit. 2-3 SECTION 5. POWERS. The district has all the rights, powers, 2-4 privileges, authority, functions, and duties provided by the 2-5 general law of this state, including Chapter 36, Water Code, 2-6 applicable to groundwater conservation districts created under 2-7 Section 59, Article XVI, Texas Constitution. Chapter 49, Water 2-8 Code, does not apply to the district. This Act prevails over any 2-9 provision of general law that is in conflict or inconsistent with 2-10 this Act. 2-11 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-12 governed by a board of five directors. 2-13 (b) Temporary directors serve until initial directors are 2-14 elected under Section 9 of this Act. 2-15 (c) Initial directors serve until permanent directors are 2-16 elected under Section 10 of this Act. 2-17 (d) Permanent directors serve staggered four-year terms. 2-18 (e) A member of the board must reside in the district. 2-19 (f) Each director must qualify to serve as director in the 2-20 manner provided by Section 36.055, Water Code. 2-21 (g) A director serves until the director's successor has 2-22 qualified. 2-23 (h) If there is a vacancy on the board, the commissioners 2-24 court shall appoint a director to serve the remainder of the term. 2-25 SECTION 7. TEMPORARY DIRECTORS. (a) Except as provided by 2-26 this section, temporary directors shall be appointed as provided by 2-27 Section 36.016, Water Code. 3-1 (b) Not later than the 90th day after the effective date of 3-2 this Act, the Comal County Commissioners Court shall appoint five 3-3 temporary directors. 3-4 SECTION 8. SINGLE-MEMBER DISTRICTS. (a) The temporary 3-5 directors shall draw five numbered single-member districts for 3-6 electing directors. The initial or permanent directors may revise 3-7 the districts as necessary or appropriate. 3-8 (b) For the conduct of an election under Section 9 or 10 of 3-9 this Act, the board shall provide for one director to be elected 3-10 from each of the single-member districts. A director elected from 3-11 a single-member district represents the residents of that 3-12 single-member district. 3-13 SECTION 9. CONFIRMATION ELECTION. (a) The temporary board 3-14 of directors shall call and hold an election to confirm 3-15 establishment of the district and to elect five initial directors. 3-16 (b) Section 41.001(a), Election Code, does not apply to a 3-17 confirmation and directors election held as provided by this 3-18 section. 3-19 (c) Except as provided by this section, a confirmation and 3-20 directors election must be conducted as provided by Sections 3-21 36.017(b)-(h), Water Code, and the Election Code. 3-22 (d) The county commissioners court shall pay the expenses of 3-23 conducting the confirmation and directors election, subject to 3-24 reimbursement from available revenues if the establishment of the 3-25 district is confirmed or from funds allocated under Section 36.160, 3-26 Water Code, if the establishment of the district is defeated. 3-27 (e) If the establishment of the district has not been 4-1 confirmed at an election held under this section before the second 4-2 anniversary of the effective date of this Act, this Act expires on 4-3 that date. 4-4 SECTION 10. ELECTION OF DIRECTORS. (a) On the uniform 4-5 election date in May of the first even-numbered year after the year 4-6 in which the district is authorized to be created at a confirmation 4-7 election, an election shall be held in the district to elect two 4-8 directors, each of whom shall serve a two-year term, and three 4-9 directors, each of whom shall serve a four-year term. 4-10 (b) On the uniform election date in May of each subsequent 4-11 second year following the election held under Subsection (a) of 4-12 this section, an election shall be held to elect the appropriate 4-13 number of directors to the board. 4-14 SECTION 11. ADDITIONAL POWERS. (a) The district may 4-15 contract with one or more state agencies or other governmental 4-16 bodies, including a county, river authority, or district, to carry 4-17 out any function of the district. 4-18 (b) The district may construct, implement, and maintain best 4-19 management practices (BMPs) in the district and may engage in and 4-20 promote acceptance of BMPs through education efforts sponsored by 4-21 the district, including the construction and maintenance of 4-22 terraces and other structures on land in the district, and may 4-23 engage in and promote land treatment measures for soil conservation 4-24 and improvement. 4-25 (c) The district may prepare and implement a plan for the 4-26 control and management of brush within the district. 4-27 SECTION 12. PROHIBITED ACTS. (a) The district may not 5-1 sell, donate, lease, or otherwise grant rights in or to underground 5-2 water located in the district. 5-3 (b) The district may not assess an ad valorem property tax 5-4 for administrative, operation, and maintenance expenses that 5-5 exceeds three cents on each $100 valuation of taxable property in 5-6 the district. 5-7 (c) The district may not require the owner of a well drilled 5-8 before the effective date of this Act and used solely for domestic 5-9 and livestock purposes to install a meter or measuring device on 5-10 the well. 5-11 SECTION 13. EXEMPT WELLS. (a) Notwithstanding Section 5-12 36.117, Water Code, and except as provided by Subsection (b) of 5-13 this section, for the purposes of exemption under Section 36.117, 5-14 Water Code: 5-15 (1) the maximum production capacity for an exempt well 5-16 in the district is 10,000 gallons per day; and 5-17 (2) the maximum number of households that may be 5-18 supplied by a domestic well in the district is five. 5-19 (b) A well installed after the effective date of this Act in 5-20 or serving a tract of land of less than five acres, regardless of 5-21 whether a plat is required, does not qualify for an exempt use 5-22 even if the production capacity is less than 10,000 gallons per 5-23 day. This subsection does not affect the exempt status of a public 5-24 water supply well under Section 14 of this Act. 5-25 SECTION 14. PUBLIC WATER SUPPLY WELLS. (a) Except as 5-26 provided by Subsection (b) of this section, a public water supply 5-27 well is exempt from regulation by the district if: 6-1 (1) the well: 6-2 (A) is in existence on the effective date of 6-3 this Act; and 6-4 (B) was drilled in compliance with technical 6-5 requirements in effect at the time of drilling; or 6-6 (2) on the effective date of this Act, the commission 6-7 has approved plans for the installation of the well and the 6-8 installation of the well is completed in accordance with the 6-9 approved plans and the commission's technical requirements not 6-10 later than the first anniversary of the effective date of this Act. 6-11 (b) A public water supply well is subject to the district's 6-12 prohibition of waste of underground water. 6-13 (c) A district construction or operating permit is not 6-14 required for a public water supply well approved by the commission. 6-15 (d) Any fee paid by a retail public utility to the district 6-16 shall be: 6-17 (1) collected directly as a regulatory fee from the 6-18 customers of the utility; and 6-19 (2) shown as a separate line item on the customer's 6-20 bill. 6-21 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 6-22 (a) The proper and legal notice of the intention to introduce this 6-23 Act, setting forth the general substance of this Act, has been 6-24 published as provided by law, and the notice and a copy of this Act 6-25 have been furnished to all persons, agencies, officials, or 6-26 entities to which they are required to be furnished by the 6-27 constitution and other laws of this state, including the governor, 7-1 who has submitted the notice and Act to the Texas Natural Resource 7-2 Conservation Commission. 7-3 (b) The Texas Natural Resource Conservation Commission has 7-4 filed its recommendations relating to this Act with the governor, 7-5 lieutenant governor, and speaker of the house of representatives 7-6 within the required time. 7-7 (c) All requirements of the constitution and laws of this 7-8 state and the rules and procedures of the legislature with respect 7-9 to the notice, introduction, and passage of this Act are fulfilled 7-10 and accomplished. 7-11 SECTION 16. EFFECTIVE DATE. This Act takes effect September 7-12 1, 1999. 7-13 SECTION 17. EMERGENCY. The importance of this legislation 7-14 and the crowded condition of the calendars in both houses create an 7-15 emergency and an imperative public necessity that the 7-16 constitutional rule requiring bills to be read on three several 7-17 days in each house be suspended, and this rule is hereby suspended.