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.