By Staples H.B. No. 3835
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operations, and financing of the Brazos Valley 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 Brazos Valley Groundwater Conservation
1-8 District, is created in Robertson County and Brazos County subject
1-9 to approval at a confirmation election held under Section 9 of this
1-10 Act. The district is a governmental agency and 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 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Brazos Valley Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Robertson County and Brazos
1-19 County.
1-20 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-21 property included within the boundaries of the district will be
1-22 benefited by the works and projects that are to be accomplished by
1-23 the district under powers conferred by Section 59, Article XVI,
1-24 Texas Constitution. The district is created to serve a public use
2-1 and benefit.
2-2 SECTION 5. POWERS. (a) Except as provided by this section,
2-3 the district has all of the rights, powers, privileges, authority,
2-4 functions, and duties provided by the general law of this state,
2-5 including Chapter 36, Water Code, applicable to groundwater
2-6 conservation districts created under Section 59, Article XVI, Texas
2-7 Constitution. Chapter 49, Water Code, does not apply to the
2-8 district. This Act prevails over any provision of general law that
2-9 is in conflict or inconsistent with this Act.
2-10 (b) The district by rule may require a person to obtain a
2-11 permit from the district for the transfer of groundwater out of the
2-12 district consistent with Section 36.122, Water Code. The delivery
2-13 of water by a certificated retail public utility whose source of
2-14 water on the effective date of this Act is one or more wells
2-15 located within the district to the utility's certificated service
2-16 area under a certificate of convenience and necessity issued by the
2-17 Texas Natural Resource Conservation Commission, or to that
2-18 certificated area as it may be modified in the future by the Texas
2-19 Natural Resource Conservation Commission, is not a transfer of
2-20 groundwater outside the boundaries of the district subject to
2-21 Section 36.122, Water Code, if the water is not transported and
2-22 used outside the utility's certificated area.
2-23 (c) The district may not levy or collect taxes in the
2-24 district.
2-25 (d) The board of directors of the district by rule may
2-26 impose reasonable fees on each well for which a permit is issued by
2-27 the district and which is not exempt from regulation by the
3-1 district. The fee shall be based on the amount of water to be
3-2 withdrawn from the well and may not exceed $0.25 per acre foot for
3-3 water used for irrigating agricultural crops or operating existing
3-4 steam electric stations or $0.0425 per thousand gallons for water
3-5 used for any other purpose. The fees may be assessed annually,
3-6 based on the size of column pipe used in the wells, the production
3-7 capacity of the well, or actual, authorized, or anticipated
3-8 pumpage.
3-9 (e) A well meeting the criteria established under Section
3-10 36.117, Water Code, including wells used for dewatering and
3-11 monitoring in the production of coal and lignite, is exempt from
3-12 permit requirements, regulations, and fees imposed by the district.
3-13 (f) The district may not:
3-14 (1) exercise the power of eminent domain;
3-15 (2) issue and sell bonds or notes in the name of the
3-16 district; or
3-17 (3) purchase, sell, transport, or distribute surface
3-18 water or groundwater for any purpose.
3-19 SECTION 6. BOARD OF DIRECTORS. (a) The district is
3-20 governed by a board of six directors. Directors are appointed as
3-21 provided by Section 7 of this Act.
3-22 (b) Except for the initial term, all directors serve
3-23 four-year terms. The terms of two initial directors will expire at
3-24 the end of the calendar year two years after the effective date of
3-25 this Act and the terms of four initial directors will expire at the
3-26 end of the calendar year four years after the effective date of
3-27 this Act.
4-1 (c) Subject to Subsection (b) of this section, the initial
4-2 directors shall draw lots to determine one initial director from
4-3 Robertson County and one initial director from Brazos County who
4-4 shall serve two-year terms. The other initial directors shall
4-5 serve terms of four years.
4-6 (d) Each director must qualify to serve as a director in the
4-7 manner provided by Section 36.055, Water Code.
4-8 (e) A director serves until the director's successor has
4-9 qualified.
4-10 (f) Directors may serve consecutive terms.
4-11 (g) If there is a vacancy on the board, the governing body
4-12 of the entity that appointed the director who vacated the office
4-13 shall appoint a director to serve the remainder of the term.
4-14 (h) Directors are not entitled to receive compensation for
4-15 serving as a director but may be reimbursed for actual, reasonable
4-16 expenses incurred in the discharge of official duties.
4-17 (i) A majority vote of a quorum is required for board
4-18 action. If there is a tie vote, the proposed action fails.
4-19 SECTION 7. APPOINTMENT OF DIRECTORS. (a) The Robertson
4-20 County Commissioners Court shall appoint three directors. One
4-21 appointment shall represent the urban interests of Robertson
4-22 County, one appointment shall represent the rural interests of
4-23 Robertson County, and one appointment shall represent the
4-24 industrial interests of Robertson County.
4-25 (b) The Brazos County Commissioners Court shall appoint one
4-26 director who shall represent the rural water supply and
4-27 agricultural water users of Brazos County.
5-1 (c) The City of Bryan shall appoint one director.
5-2 (d) The City of College Station shall appoint one director.
5-3 (e) Each of the governing bodies authorized by this section
5-4 to make an appointment shall appoint the appropriate number of
5-5 initial directors as soon as practicable following the effective
5-6 date of this Act, but not later than the 45th day after the
5-7 effective date of this Act.
5-8 SECTION 8. ORGANIZATIONAL MEETING. As soon as practicable
5-9 after all the initial directors are appointed as provided in this
5-10 Act, a majority of the directors shall convene the organizational
5-11 meeting of the district at a location within the district agreeable
5-12 to a majority of the directors at which time the directors will
5-13 take office. If no location can be agreed upon, the organizational
5-14 meeting of the directors shall be at the Robertson County
5-15 Courthouse.
5-16 SECTION 9. CONFIRMATION ELECTION. (a) The initial board of
5-17 directors shall call and hold an election to confirm the
5-18 establishment of the district.
5-19 (b) Except as provided by this section, a confirmation
5-20 election must be conducted as provided by Sections 36.017(b)-(h),
5-21 Water Code, and the Election Code.
5-22 (c) If the establishment of the district is not confirmed at
5-23 an election held under this section before the second anniversary
5-24 of the effective date of this Act, this Act expires on that date.
5-25 SECTION 10. ADDITION OF OTHER COUNTIES TO DISTRICT. (a) An
5-26 adjacent county that wishes to join the district shall petition the
5-27 district by resolution of the commissioners court of the county.
6-1 (b) If the board finds after a hearing on the resolution
6-2 that the addition of the county would benefit the district and the
6-3 county to be added, the board by resolution may approve the
6-4 addition of the county to the district.
6-5 (c) The addition of a county to the district under this
6-6 section is not final until ratified by a majority vote of the
6-7 qualified voters in the county to be added voting in an election
6-8 held for that purpose.
6-9 (d) The ballots for the election shall be printed to provide
6-10 for voting for or against the proposition: "The inclusion of
6-11 _________ County in the Brazos Valley Groundwater Conservation
6-12 District."
6-13 (e) The notice of the election, the manner and the time of
6-14 giving the notice, the manner of holding the election, and the
6-15 qualifications of the voters are governed by the Election Code.
6-16 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-17 (a) The proper and legal notice of the intention to introduce this
6-18 Act, setting forth the general substance of this Act, has been
6-19 published as provided by law, and the notice and a copy of this Act
6-20 have been furnished to all persons, agencies, officials, or
6-21 entities to which they are required to be furnished by the
6-22 constitution and the laws of this state, including the governor,
6-23 who has submitted the notice and Act to the Texas Natural Resource
6-24 Conservation Commission.
6-25 (b) The Texas Natural Resource Conservation Commission has
6-26 filed its recommendations relating to this Act with the governor,
6-27 lieutenant governor, and speaker of the house of representatives
7-1 within the required time.
7-2 (c) All the requirements of the constitution and the laws of
7-3 this state and rules and procedures of the legislature with respect
7-4 to the notice, introduction, and passage of this Act are fulfilled
7-5 and accomplished.
7-6 SECTION 12. EMERGENCY. The importance of this legislation
7-7 and the crowded condition of the calendars in both houses create an
7-8 emergency and an imperative public necessity that the
7-9 constitutional rule requiring bills to be read on three several
7-10 days in each house be suspended, and this rule is hereby suspended,
7-11 and that this Act take effect and be in force from and after its
7-12 passage, and it is so enacted.