By Corte H.B. No. 3833
76R14424 MI-D
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 Trinity Glen Rose 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 conservation and reclamation
1-7 district, to be known as the Trinity Glen Rose Groundwater
1-8 Conservation District, is created in that part of Bexar County
1-9 overlaying the Trinity Aquifer. The district is a governmental
1-10 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 purpose of the district is to develop and implement
1-15 regulatory, conservation, and recharge programs that preserve and
1-16 protect the underground water resources located within the
1-17 district.
1-18 SECTION 2. DEFINITIONS. In this Act:
1-19 (1) "Board" means the board of directors of the
1-20 district.
1-21 (2) "District" means the Trinity Glen Rose Groundwater
1-22 Conservation District.
1-23 (3) "Commission" means the Texas Natural Resource
1-24 Conservation Commission.
2-1 SECTION 3. BOUNDARY. (a) The district includes the
2-2 territory contained within that part of Bexar County defined as
2-3 follows:
2-4 Beginning at the point-of-intersection of the Bexar County-Medina
2-5 County line and the northern boundary of Subdivision Number 1 of
2-6 the Underground Water Reservoir in the Edwards Limestone, Balcones
2-7 Escarpment Area.
2-8 THENCE eastward along the northern boundary of Subdivision Number 1
2-9 of the Underground Water Reservoir in the Edwards Limestone,
2-10 Balcones Escarpment Area to the Intersection with FM2696;
2-11 THENCE north along FM2696 to the intersection of FM2696 and the
2-12 Bexar County-Comal County line;
2-13 THENCE westward along the Bexar County-Comal County line to the
2-14 intersection of the Bexar County-Comal County-Kendall County lines;
2-15 THENCE westward along the Bexar County-Kendall County line to the
2-16 intersection of the Bexar County-Kendall County-Bandera County
2-17 lines;
2-18 THENCE southwestward along the Bexar County-Bandera County line to
2-19 the intersection of the Bexar County-Bandera County-Medina County
2-20 lines;
2-21 THENCE southward along the Bexar County-Medina County line to its
2-22 point-of-intersection with the northern boundary of Subdivision
2-23 Number 1 of the Underground Water Reservoir in the Edwards
2-24 Limestone, Balcones Escarpment Area, said point being the
2-25 point-of-beginning.
2-26 (b) The territory contained within the municipal boundaries
2-27 of the city of Fair Oaks Ranch are excluded from the district.
3-1 (c) The district may add territory inside the boundaries of
3-2 the Edwards Aquifer Authority with the consent of the board of
3-3 directors of the authority in the manner provided by Subchapter J,
3-4 Chapter 36, Water Code.
3-5 SECTION 4. FINDING OF BENEFIT. All of the land and other
3-6 property included within the boundaries of the district will be
3-7 benefited by the works and projects that are to be accomplished by
3-8 the district under powers conferred by Section 59, Article XVI,
3-9 Texas Constitution. The district is created to serve a public use
3-10 and benefit.
3-11 SECTION 5. POWERS. (a) The district has all of the rights,
3-12 powers, privileges, authority, functions, and duties provided by
3-13 the general law of this state, including Chapter 36, Water Code,
3-14 applicable to groundwater conservation districts created under
3-15 Section 59, Article XVI, Texas Constitution.
3-16 (b) This Act prevails over any provision of general law that
3-17 is in conflict or inconsistent with this Act.
3-18 (c) The disqualification of directors of the district is
3-19 governed by Section 49.052, Water Code.
3-20 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
3-21 district shall be elected according to the method provided by this
3-22 Act.
3-23 (b) A person shall indicate on the application for a place
3-24 on the ballot the voting district that the person seeks to
3-25 represent.
3-26 (c) The board may establish voting districts for the
3-27 election of directors.
4-1 SECTION 7. BOARD OF DIRECTORS. (a) The district is
4-2 governed by a board of five directors.
4-3 (b) A vacancy in the office of director shall be filled by
4-4 appointment of the board until the next election for directors. At
4-5 the next election for directors, a person shall be elected to fill
4-6 the position. If the position is not scheduled to be filled at the
4-7 election, the person elected to fill the position shall serve only
4-8 for the remainder of the unexpired term.
4-9 (c) To be eligible to serve as director, a person must be a
4-10 registered voter in the district.
4-11 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
4-12 directors is composed of the following five named individuals, who
4-13 shall represent the district at large:
4-14 (1) Sue Peace --Place No. 1
4-15 (2) Mary Fenstermaker --Place No. 2
4-16 (3) Edwin E. Scharf --Place No. 3
4-17 (4) Mary Bradshaw --Place No. 4
4-18 (5) Dean R. Davenport --Place No. 5
4-19 (b) If a temporary director fails to qualify for office, the
4-20 temporary directors who have qualified shall appoint a person to
4-21 fill the vacancy. If at any time there are fewer than three
4-22 qualified temporary directors, the commission shall appoint the
4-23 necessary number of persons to fill all vacancies on the board.
4-24 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-25 (a) The temporary board of directors shall call and hold an
4-26 election to confirm establishment of the district and to elect
4-27 initial directors.
5-1 (b) At the confirmation and initial directors' election, the
5-2 temporary board of directors shall have placed on the ballot the
5-3 names of the persons serving as temporary directors who intend to
5-4 run for an initial director's position together with the name of
5-5 any candidate filing for an initial director's position and blank
5-6 spaces to write in the names of other persons.
5-7 (c) Section 41.001(a), Election Code, does not apply to a
5-8 confirmation and initial directors' election held as provided by
5-9 this section.
5-10 (d) If a majority of the votes cast at the election favor
5-11 the creation of the district, the temporary directors shall declare
5-12 the district created. If a majority of the votes cast at the
5-13 election oppose the creation of the district, the temporary
5-14 directors shall declare the district defeated. The temporary
5-15 directors shall file a copy of the election results with the
5-16 commission.
5-17 (e) If a majority of the votes cast at the election oppose
5-18 the creation of the district, the temporary directors may call and
5-19 hold subsequent elections to confirm establishment of the district.
5-20 A subsequent election may not be held earlier than the first
5-21 anniversary after the date on which the previous election was held.
5-22 If the district is not created within three years after the
5-23 effective date of this Act, this Act expires.
5-24 (f) Except as provided by this section, a confirmation
5-25 election must be conducted as provided by Sections 36.017(b)-(h),
5-26 Water Code, and the Election Code.
5-27 SECTION 10. INITIAL DIRECTORS. If creation of the district
6-1 is confirmed under Section 9 of this Act, the initial directors
6-2 shall draw lots to determine which two initial directors serve
6-3 two-year terms and which three initial directors serve four-year
6-4 terms.
6-5 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors
6-6 serve until initial directors are elected under Section 9 of this
6-7 Act or until this Act expires under Section 9(e) of this Act,
6-8 whichever occurs earlier.
6-9 (b) Initial directors serve until permanent directors are
6-10 elected under Section 12 of this Act.
6-11 (c) Permanent directors serve staggered four-year terms.
6-12 (d) A director serves until the director's successor has
6-13 qualified.
6-14 (e) Each director must qualify to serve as director in the
6-15 manner provided by Section 36.055, Water Code.
6-16 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in
6-17 the second year after the year in which the district is authorized
6-18 to be created at a confirmation election, an election shall be held
6-19 in the district on the first Saturday in May every two years to
6-20 elect the appropriate number of directors to the board.
6-21 SECTION 13. DISTRICT FINANCES. (a) Except as provided by
6-22 Subsection (i) of this section, the board of directors may impose
6-23 an operation and maintenance tax if approved by a majority of the
6-24 qualified voters voting at an election called and held for that
6-25 purpose in the manner provided by Section 36.201, Water Code.
6-26 (b) Except as provided by Subsection (i) of this section,
6-27 the board of directors may impose reasonable fees on each nonexempt
7-1 well in the district. The fees may be assessed annually, based on:
7-2 (1) the size of column pipe used in the well;
7-3 (2) the production capacity of the well; or
7-4 (3) actual, authorized, or anticipated pumpage.
7-5 (c) The board may use fees as a regulatory mechanism or a
7-6 revenue-producing mechanism.
7-7 (d) The board shall adopt rules regarding the fee rates, the
7-8 manner and form for filing reports of fees, and the manner of
7-9 collecting fees.
7-10 (e) To secure payment of a fee imposed under this section, a
7-11 lien attaches to the property on which the well is located. The
7-12 lien has the same priority and characteristics as a lien for
7-13 district taxes. The district may use the lien and all other powers
7-14 that it possesses to collect the payment of the fee.
7-15 (f) The district may use fees collected under this section
7-16 to pay for the district's management and operation and to pay all
7-17 or part of the principal of and interest on district bonds or
7-18 notes.
7-19 (g) The board shall use fees collected under this section to
7-20 pay for:
7-21 (1) studies and planning required to develop a
7-22 scientifically based regulatory program;
7-23 (2) soil and water conservation measures, including
7-24 water-retarding structures and brush management and the
7-25 implementation of other best management practices to address
7-26 natural resource concerns in the district;
7-27 (3) direct installation of water conservation devices
8-1 and early retirement of older devices;
8-2 (4) educational material relating to soil and water
8-3 conservation; and
8-4 (5) enforcement programs or regulatory programs.
8-5 (h) The district may spend fees for the purposes described
8-6 by Subsection (g)(2) of this section independently or in
8-7 conjunction with other natural resource programs in the district.
8-8 (i) If the district imposes a tax under this section, the
8-9 district may not impose a fee. If the district imposes a fee under
8-10 this section, the district may not impose a tax.
8-11 SECTION 14. ADDITIONAL REGULATORY AUTHORITY. (a) The board
8-12 of directors may require all or certain types of wells to be
8-13 registered with the district.
8-14 (b) Notwithstanding Section 36.117, Water Code:
8-15 (1) the production capacity for an exempt well in the
8-16 district is 10,000 gallons per day or less; and
8-17 (2) an exempt domestic well in the district may not
8-18 serve more than five households.
8-19 (c) A well on or serving a tract of land of less than five
8-20 acres that is installed after the effective date of this Act,
8-21 regardless of whether a plat is required or whether the production
8-22 capacity of the well is less than 10,000 gallons per day, is not an
8-23 exempt well.
8-24 (d) This section does not affect the exempt status of public
8-25 water supply wells under Section 16 of this Act.
8-26 (e) The district may:
8-27 (1) construct, implement, and maintain best management
9-1 practices in the district;
9-2 (2) engage in and promote the acceptance of best
9-3 management practices through education efforts sponsored by the
9-4 district;
9-5 (3) include the construction and maintenance of
9-6 terraces and other structures on land in the district;
9-7 (4) engage in and promote land treatment measures for
9-8 soil conservation and improvement; and
9-9 (5) prepare and implement a plan for the control and
9-10 management of brush within the district.
9-11 SECTION 15. PROHIBITED ACTS. (a) The district may not:
9-12 (1) sell, donate, lease, or otherwise grant rights in
9-13 or to underground water located in the district unless the action
9-14 has been approved by a majority vote of the residents of the
9-15 district;
9-16 (2) enter into any contract or engage in any action to
9-17 purchase, sell, transport, and distribute surface water or
9-18 groundwater for any purpose other than a program for aquifer
9-19 storage and recovery of water;
9-20 (3) assess an ad valorem property tax for
9-21 administrative, operation, and maintenance expenses in excess of
9-22 three cents for each $100 valuation; or
9-23 (4) impose a tax on or charge a fee to any person in
9-24 the district who does not obtain water from the Trinity Aquifer.
9-25 (b) In this section, "person" has the meaning assigned by
9-26 Section 311.005, Government Code.
9-27 SECTION 16. PUBLIC WATER SUPPLY WELLS. (a) A public water
10-1 supply well is exempt from regulation by the district and from
10-2 payment of fees to the district if:
10-3 (1) the well is in existence on the effective date of
10-4 this Act and drilled in compliance with technical requirements in
10-5 effect at the time the well was drilled; or
10-6 (2) the commission has approved plans submitted for
10-7 the installation of the well before the effective date of this Act
10-8 and the installation of the well is completed in accordance with
10-9 the approved plans and the commission's technical requirements
10-10 before the first anniversary of the effective date of this Act.
10-11 (b) The owner of a public water supply well shall register
10-12 the well with the district and submit reports to the district. A
10-13 public water supply well is subject to the district's prohibitions
10-14 on the waste of groundwater.
10-15 (c) The district may not require a construction or operating
10-16 permit for a public water supply well approved by the commission.
10-17 (d) Fees a retail public utility pays to the district shall
10-18 be collected directly from the customers of the utility as a
10-19 regulatory fee and shown as a separate line item on the customer's
10-20 bill.
10-21 SECTION 17. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
10-22 (a) The proper and legal notice of the intention to introduce this
10-23 Act, setting forth the general substance of this Act, has been
10-24 published as provided by law, and the notice and a copy of this Act
10-25 have been furnished to all persons, agencies, officials, or
10-26 entities to which they are required to be furnished by the
10-27 constitution and other laws of this state, including the governor,
11-1 who has submitted the notice and Act to the commission.
11-2 (b) The commission has filed its recommendations relating to
11-3 this Act with the governor, lieutenant governor, and speaker of the
11-4 house of representatives within the required time.
11-5 (c) All requirements of the constitution and laws of this
11-6 state and the rules and procedures of the legislature with respect
11-7 to the notice, introduction, and passage of this Act are fulfilled
11-8 and accomplished.
11-9 SECTION 18. EMERGENCY. The importance of this legislation
11-10 and the crowded condition of the calendars in both houses create an
11-11 emergency and an imperative public necessity that the
11-12 constitutional rule requiring bills to be read on three several
11-13 days in each house be suspended, and this rule is hereby suspended,
11-14 and that this Act take effect and be in force from and after its
11-15 passage, and it is so enacted.