By Corte H.B. No. 3833 76R8221 JJT-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 Bexar-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 Bexar-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 Bexar-Trinity Glen Rose 1-22 Groundwater 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 circumscribed 2-3 by the southern line of the district boundary, as described by 2-4 Subsection (b) of this section, and the boundary of Bexar County 2-5 that lies north of the points where the southern line meets the 2-6 boundary of Bexar County. 2-7 (b) The southern line of the district boundary is described: 2-8 Beginning at the southern line of the Toribio Herrera Survey 68, 2-9 Abstract C-205 where it crosses the Guadalupe County-Bexar County 2-10 line; 2-11 THENCE along the south line of said Survey, across the Guadalupe 2-12 County-Bexar County line, to the northeast corner of the Maria 2-13 Lucia Torres Survey 81, in Bexar County. 2-14 THENCE southeast along the east line of the Maria Lucia Torres 2-15 Survey 81 in Bexar County, to its southeast corner, which is the 2-16 northeast corner of the John C. Neal Survey 82; 2-17 THENCE southwest along the north line of said John C. Neal Survey 2-18 82 to its northwest corner; 2-19 THENCE southeast along its west line which is the east line of the 2-20 Mos. Loyd Survey 311, to the southeast corner of said Mos. Loyd 2-21 Survey 311; 2-22 THENCE southwest along the south line of said Survey to its south 2-23 corner which is in the north line of the S. A. & M. G. RR. Co. 2-24 Survey 44; 2-25 THENCE northwest along said north line to the northwest corner of 2-26 said S. A. & M. G. RR. Co. Survey 44; 2-27 THENCE southwest along the west line of said Survey to its 3-1 southwest corner; 3-2 THENCE southwest across the Josepha Leal Survey 39 to the northeast 3-3 corner of the J. L. Schoonover Survey 321; 3-4 THENCE southwest along the east line of said J. L. Schoonover 3-5 Survey 321 to its southeast corner; 3-6 THENCE west along the south line of said Survey to an interior 3-7 corner of said Survey; 3-8 THENCE continuing in the same line to the east line of the Jos. W. 3-9 Garraty Survey 19; 3-10 THENCE south along said east line of said Survey to the southeast 3-11 corner of said Survey; 3-12 THENCE continuing in the same line to the north line of the Julian 3-13 Diaz Survey 133 1/2; 3-14 THENCE west along the north line of said Julian Diaz Survey 133 1/2 3-15 to the northwest corner of said Survey; 3-16 THENCE south along the west line of said Survey to its southwest 3-17 corner, which is in the north line of the J. M. Urrigas Survey 94; 3-18 THENCE west along the north lines of said J. M. Urrigas Survey 94 3-19 and the Ignacio Perez Survey 93 to the northwest corner of said 3-20 Ignacio Perez Survey 93; 3-21 THENCE south along the west line of said Survey to the southeast 3-22 corner of the T. R. Nichols Survey 146; 3-23 THENCE southwest across the Ascencio Estrada Survey 22 to the 3-24 southwest corner of said Survey; 3-25 THENCE southwest across the Thos. Thatcher Survey 24 to the 3-26 northeast corner of the Manuel Leal Survey 30; 3-27 THENCE west along the north line of said Manuel Leal Survey 30 to 4-1 its northwest corner, which is in the northeast corner of the 4-2 William Harris Survey 52; 4-3 THENCE south along the east line of said William Harris Survey 52 4-4 to its southeast corner, which is the northeast corner of the J. M. 4-5 Moraida Survey 98; 4-6 THENCE west along the north line of said J. M. Moraida Survey 98 to 4-7 its northwest corner; 4-8 THENCE south along the west line of said Survey to its southwest 4-9 corner, which is in the north line of the Domingo Bustillos Survey 4-10 31; 4-11 THENCE west along said north line to the northwest corner of said 4-12 Domingo Bustillos Survey 31; 4-13 THENCE south along the west line of said Survey to its southwest 4-14 corner which is in the north line of the Angel Navarro Survey 5; 4-15 THENCE west along said north line to the northwest corner of said 4-16 Angel Navarro Survey 5; 4-17 THENCE south along the west line of said Survey to its southwest 4-18 corner, which is the southeast corner of the Francisco Recardo 4-19 Survey 6; 4-20 THENCE northwest along the south line of said survey to the north 4-21 corner of the F. A. Ruiz Survey 47; 4-22 THENCE southwest along the northwest line of said F. A. Ruiz Survey 4-23 47 to its west corner; 4-24 THENCE southwest across the Francisco Rolen Survey 48 to the 4-25 northeast corner of the John Christopher Survey; 4-26 THENCE west along the north line of said Survey to its northwest 4-27 corner; 5-1 THENCE south along the west line of said Survey to the southeast 5-2 corner of the Samuel McCulloch, Jr. Survey 54; 5-3 THENCE west along the south lines of said Survey and the J. C. 5-4 Loman Survey 131 to the southwest corner of said J. C. Loman Survey 5-5 131; 5-6 THENCE north along its west line to the southwest corner of the 5-7 Alexas Bustillos Survey 56; 5-8 THENCE west along the south line of said Alexas Bustillos Survey 56 5-9 to its southwest corner, which is in the east line of the Iginio 5-10 Tejida Survey 186; 5-11 THENCE south along said east line to the southeast corner of said 5-12 Iginio Tejida Survey 186; 5-13 THENCE west along the south lines of said Survey, the Herman Sparks 5-14 Survey 181, and the Alex Bailey Survey 184 to an interior corner of 5-15 said Alex Bailey Survey 184; 5-16 THENCE south along an east line of said Survey to its most 5-17 southerly southeast corner which is the northeast corner of the 5-18 Robt. C. Rogers Survey, Abstract 721; 5-19 THENCE west along the north line of said Robt. C. Rogers Survey, to 5-20 the Bexar County-Atascosa County line, which point is the end of 5-21 the southern line. 5-22 (c) The district may add territory inside the boundaries of 5-23 the Edwards Aquifer Authority with the consent of the board of 5-24 directors of the authority in the manner provided by Subchapter J, 5-25 Chapter 36, Water Code. 5-26 SECTION 4. FINDING OF BENEFIT. All of the land and other 5-27 property included within the boundaries of the district will be 6-1 benefited by the works and projects that are to be accomplished by 6-2 the district under powers conferred by Section 59, Article XVI, 6-3 Texas Constitution. The district is created to serve a public use 6-4 and benefit. 6-5 SECTION 5. POWERS. (a) The district has all of the rights, 6-6 powers, privileges, authority, functions, and duties provided by 6-7 the general law of this state, including Chapter 36, Water Code, 6-8 applicable to groundwater conservation districts created under 6-9 Section 59, Article XVI, Texas Constitution. 6-10 (b) This Act prevails over any provision of general law that 6-11 is in conflict or inconsistent with this Act. 6-12 (c) The disqualification of directors of the district is 6-13 governed by Section 49.052, Water Code. 6-14 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the 6-15 district shall be elected according to the method provided by this 6-16 Act. 6-17 (b) One director shall be elected by the qualified voters 6-18 from each of four single-member voting districts established by the 6-19 board, and one director shall be elected from the district at 6-20 large. 6-21 (c) A person shall indicate on the application for a place 6-22 on the ballot the voting district that the person seeks to 6-23 represent or that the person seeks to represent the district at 6-24 large. 6-25 SECTION 7. BOARD OF DIRECTORS. (a) The district is 6-26 governed by a board of five directors. 6-27 (b) A vacancy in the office of director shall be filled by 7-1 appointment of the board until the next election for directors. At 7-2 the next election for directors, a person shall be elected to fill 7-3 the position. If the position is not scheduled to be filled at the 7-4 election, the person elected to fill the position shall serve only 7-5 for the remainder of the unexpired term. 7-6 (c) To be eligible to serve as director, a person must be a 7-7 registered voter in the voting district from which the person is 7-8 elected or appointed if representing a voting district or in the 7-9 district if representing the district at large. 7-10 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 7-11 directors is composed of the following five named individuals who 7-12 shall represent the district at large or, nominally, the indicated 7-13 voting district, until the voting districts are established by the 7-14 board for the confirmation and initial directors' election: 7-15 (1) _______________--Voting District No. 1 7-16 (2) _______________--Voting District No. 2 7-17 (3) _______________--Voting District No. 3 7-18 (4) _______________--Voting District No. 4 7-19 (5) _______________--at large 7-20 (b) If a temporary director fails to qualify for office, the 7-21 temporary directors who have qualified shall appoint a person to 7-22 fill the vacancy. If at any time there are fewer than three 7-23 qualified temporary directors, the commission shall appoint the 7-24 necessary number of persons to fill all vacancies on the board. 7-25 SECTION 9. CONFIRMATION ELECTION. (a) The temporary board 7-26 of directors shall call and hold an election to confirm 7-27 establishment of the district. 8-1 (b) Section 41.001(a), Election Code, does not apply to a 8-2 confirmation election held as provided by this section. 8-3 (c) If a majority of the votes cast at the election favor 8-4 the creation of the district, the temporary directors shall declare 8-5 the district created. If a majority of the votes cast at the 8-6 election oppose the creation of the district, the temporary 8-7 directors shall declare the district defeated. The temporary 8-8 directors shall file a copy of the election results with the 8-9 commission. 8-10 (d) If a majority of the votes cast at the election oppose 8-11 the creation of the district, the temporary directors may call and 8-12 hold subsequent elections to confirm establishment of the district. 8-13 A subsequent election may not be held earlier than the first 8-14 anniversary after the date on which the previous election was held. 8-15 If the district is not created within three years after the 8-16 effective date of this Act, this Act expires. 8-17 (e) Except as provided by this section, a confirmation 8-18 election must be conducted as provided by Sections 36.017(b)-(h), 8-19 Water Code, and the Election Code. 8-20 SECTION 10. INITIAL DIRECTORS. (a) If creation of the 8-21 district is confirmed under Section 9 of this Act, the temporary 8-22 directors shall become the initial directors of the district and 8-23 serve on the board of directors as provided by this section. 8-24 (b) The temporary directors for Voting Districts Nos. 2 and 8-25 3 shall serve as initial directors until the first regular meeting 8-26 of the board of directors following the first permanent directors' 8-27 election under Section 12 of this Act. The temporary directors for 9-1 Voting Districts Nos. 1 and 4 and the temporary director 9-2 representing the district at large shall serve as initial directors 9-3 until the first regular meeting of the board of directors following 9-4 the second permanent directors' election under Section 12 of this 9-5 Act. 9-6 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors 9-7 serve until the temporary directors become initial directors under 9-8 Section 10 of this Act or until this Act expires under Section 9(d) 9-9 of this Act, whichever occurs earlier. 9-10 (b) Initial directors serve until permanent directors are 9-11 elected under Section 12 of this Act. 9-12 (c) Permanent directors serve staggered four-year terms. 9-13 (d) A director serves until the director's successor has 9-14 qualified. 9-15 (e) Each director must qualify to serve as director in the 9-16 manner provided by Section 36.055, Water Code. 9-17 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in 9-18 the second year after the year in which the district is authorized 9-19 to be created at a confirmation election, an election shall be held 9-20 in the district on the first Saturday in May every two years to 9-21 elect the appropriate number of directors to the board. 9-22 SECTION 13. DISTRICT FINANCES. (a) Except as provided by 9-23 Subsection (i) of this section, the board of directors may impose 9-24 an operation and maintenance tax if approved by a majority of the 9-25 qualified voters voting at an election called and held for that 9-26 purpose in the manner provided by Section 36.201, Water Code. 9-27 (b) Except as provided by Subsection (i) of this section, 10-1 the board of directors may impose reasonable fees on each nonexempt 10-2 well in the district. The fees may be assessed annually, based on: 10-3 (1) the size of column pipe used in the well; 10-4 (2) the production capacity of the well; or 10-5 (3) actual, authorized, or anticipated pumpage. 10-6 (c) The board may use fees as a regulatory mechanism or a 10-7 revenue-producing mechanism. 10-8 (d) The board shall adopt rules regarding the fee rates, the 10-9 manner and form for filing reports of fees, and the manner of 10-10 collecting fees. 10-11 (e) To secure payment of a fee imposed under this section, a 10-12 lien attaches to the property on which the well is located. The 10-13 lien has the same priority and characteristics as a lien for 10-14 district taxes. The district may use the lien and all other powers 10-15 that it possesses to collect the payment of the fee. 10-16 (f) The district may use fees collected under this section 10-17 to pay for the district's management and operation and to pay all 10-18 or part of the principal and interest on district bonds or notes. 10-19 (g) The board shall use fees collected under this section to 10-20 pay for: 10-21 (1) studies and planning required to develop a 10-22 scientifically based regulatory program; 10-23 (2) soil and water conservation measures, including 10-24 water-retarding structures and brush management and the 10-25 implementation of other best management practices to address 10-26 natural resource concerns in the district; 10-27 (3) direct installation of water conservation devices 11-1 and early retirement of older devices; 11-2 (4) educational material relating to soil and water 11-3 conservation; and 11-4 (5) enforcement programs or regulatory programs. 11-5 (h) The district may spend fees for the purposes described 11-6 by Subsection (g)(2) of this section independently or in 11-7 conjunction with other natural resource programs in the district. 11-8 (i) If the district imposes a tax under this section, the 11-9 district may not impose a fee. If the district imposes a fee under 11-10 this section, the district may not impose a tax. 11-11 SECTION 14. ADDITIONAL REGULATORY AUTHORITY. (a) The board 11-12 of directors may require all or certain types of wells to be 11-13 registered with the district. 11-14 (b) Notwithstanding Section 36.117, Water Code: 11-15 (1) the production capacity for an exempt well in the 11-16 district is 10,000 gallons per day or less; and 11-17 (2) an exempt domestic well in the district may not 11-18 serve more than five households. 11-19 (c) A well on or serving a tract of land of less than five 11-20 acres that is installed after the effective date of this Act, 11-21 regardless of whether a plat is required or whether the production 11-22 capacity of the well is less than 10,000 gallons per day, is not an 11-23 exempt well. 11-24 (d) This section does not affect the exempt status of public 11-25 water supply wells under Section 16 of this Act. 11-26 (e) The district may: 11-27 (1) construct, implement, and maintain best management 12-1 practices in the district; 12-2 (2) engage in and promote the acceptance of best 12-3 management practices through education efforts sponsored by the 12-4 district; 12-5 (3) include the construction and maintenance of 12-6 terraces and other structures on land in the district; 12-7 (4) engage in and promote land treatment measures for 12-8 soil conservation and improvement; and 12-9 (5) prepare and implement a plan for the control and 12-10 management of brush within the district. 12-11 (f) The district may grant an exemption or other relief from 12-12 ad valorem taxes on property on which a water conservation 12-13 initiative has been implemented. The district shall adopt rules to 12-14 implement this subsection. A retail public utility shall receive 12-15 the same exemption or relief from ad valorem taxes on property as 12-16 any other customer of the district would receive. 12-17 SECTION 15. PROHIBITED ACTS. The district may not: 12-18 (1) sell, donate, lease, or otherwise grant rights in 12-19 or to underground water located in the district; 12-20 (2) enter into any contract or engage in any action to 12-21 purchase, sell, transport, and distribute surface water or 12-22 groundwater for any purpose other than a program for aquifer 12-23 storage and recovery of water; or 12-24 (3) assess an ad valorem property tax for 12-25 administrative, operation, and maintenance expenses in excess of 12-26 three cents for each $100 valuation. 12-27 SECTION 16. PUBLIC WATER SUPPLY WELLS. (a) A public water 13-1 supply well is exempt from regulation by the district and from 13-2 payment of fees to the district if: 13-3 (1) the well is in existence on the effective date of 13-4 this Act and drilled in compliance with technical requirements in 13-5 effect at the time the well was drilled; or 13-6 (2) the commission has approved plans submitted for 13-7 the installation of the well before the effective date of this Act 13-8 and the installation of the well is completed in accordance with 13-9 the approved plans and the commission's technical requirements 13-10 before the first anniversary of the effective date of this Act. 13-11 (b) The owner of a public water supply well shall register 13-12 the well with the district and submit reports to the district. A 13-13 public water supply well is subject to the district's prohibitions 13-14 on the waste of groundwater. 13-15 (c) The district may not require a construction or operating 13-16 permit for a public water supply well approved by the commission. 13-17 (d) Fees a retail public utility pays to the district shall 13-18 be collected directly from the customers of the utility as a 13-19 regulatory fee and shown as a separate line item on the customer's 13-20 bill. 13-21 SECTION 17. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 13-22 (a) The proper and legal notice of the intention to introduce this 13-23 Act, setting forth the general substance of this Act, has been 13-24 published as provided by law, and the notice and a copy of this Act 13-25 have been furnished to all persons, agencies, officials, or 13-26 entities to which they are required to be furnished by the 13-27 constitution and other laws of this state, including the governor, 14-1 who has submitted the notice and Act to the commission. 14-2 (b) The commission has filed its recommendations relating to 14-3 this Act with the governor, lieutenant governor, and speaker of the 14-4 house of representatives within the required time. 14-5 (c) All requirements of the constitution and laws of this 14-6 state and the rules and procedures of the legislature with respect 14-7 to the notice, introduction, and passage of this Act are fulfilled 14-8 and accomplished. 14-9 SECTION 18. EMERGENCY. The importance of this legislation 14-10 and the crowded condition of the calendars in both houses create an 14-11 emergency and an imperative public necessity that the 14-12 constitutional rule requiring bills to be read on three several 14-13 days in each house be suspended, and this rule is hereby suspended, 14-14 and that this Act take effect and be in force from and after its 14-15 passage, and it is so enacted.