By Staples                                            H.B. No. 3835
         76R12858 MI-F                           
                                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 Robertson-Brazos County
 1-4     Groundwater 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 Robertson-Brazos County Groundwater
 1-8     Conservation District, is created in Robertson County and Brazos
 1-9     County subject to approval at a confirmation election held under
1-10     Section 9 of this Act.  The district is a governmental agency and
1-11     body politic and 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     Robertson-Brazos County 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, is exempt from permit requirements,
3-11     regulations, and fees imposed by the district.
3-12           (f)  The district may not:
3-13                 (1)  exercise the power of eminent domain;
3-14                 (2)  issue and sell bonds or notes in the name of the
3-15     district; or
3-16                 (3)  purchase, sell, transport, or distribute surface
3-17     water or groundwater for any purpose.
3-18           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is
3-19     governed by a board of six directors.  Directors are appointed as
3-20     provided by Section 7 of this Act.
3-21           (b)  Except for the initial term, all directors serve a
3-22     four-year term.  The term of two initial directors will expire at
3-23     the end of the calendar year two years after the effective date of
3-24     this Act and the term of four initial directors will expire at the
3-25     end of the calendar year four years after the effective date of
3-26     this Act.
3-27           (c)  Subject to Subsection (b) of this section, the initial
 4-1     directors shall draw lots to determine one initial director from
 4-2     Robertson County and one initial director from Brazos County who
 4-3     shall serve a two-year term.  The other initial directors shall
 4-4     serve a term of four years.
 4-5           (d)  Each director must qualify to serve as a director in the
 4-6     manner provided by Section 36.055, Water Code.
 4-7           (e)  A director serves until the director's successor has
 4-8     qualified.
 4-9           (f)  Directors may serve consecutive terms.
4-10           (g)  If there is a vacancy on the board, the governing body
4-11     of the entity that appointed the director who vacated the office
4-12     shall appoint a director to serve the remainder of the term.
4-13           (h)  Directors are not entitled to receive compensation for
4-14     serving as a director but may be reimbursed for actual, reasonable
4-15     expenses incurred in the discharge of official duties.
4-16           (i)  A majority vote of a quorum is required for board
4-17     action.  If there is a tie vote, the proposed action fails.
4-18           SECTION 7.  APPOINTMENT OF DIRECTORS.  (a)  The Robertson
4-19     County Commissioners Court shall appoint three directors.  One
4-20     appointment shall represent the urban interests of Robertson
4-21     County, one appointment shall represent the rural interests of
4-22     Robertson County, and one appointment shall represent the
4-23     industrial interests of Robertson County.
4-24           (b)  The Brazos County Commissioners Court shall appoint one
4-25     director who shall represent the rural water users of Brazos
4-26     County.
4-27           (c)  The City of Bryan shall appoint one director.
 5-1           (d)  The City of College Station shall appoint one director.
 5-2           (e)  Each of the governing bodies authorized by this section
 5-3     to make an appointment shall appoint the appropriate number of
 5-4     initial directors as soon as practicable following the effective
 5-5     date of this Act, but not later than the 45th day after the
 5-6     effective date of this Act.
 5-7           SECTION 8.  ORGANIZATIONAL MEETING.  As soon as practicable
 5-8     after all the initial directors are appointed as provided in this
 5-9     Act, a majority of the directors shall convene the organizational
5-10     meeting of the district at a location within the district agreeable
5-11     to a majority of the directors at which time the directors will
5-12     take office.  If no location can be agreed upon, the organizational
5-13     meeting of the directors shall be at the Robertson County
5-14     Courthouse.
5-15           SECTION 9.  CONFIRMATION ELECTION.  (a)  The initial board of
5-16     directors shall call and hold an election to confirm the
5-17     establishment of the district.
5-18           (b)  Section 41.001(a), Election Code, does not apply to a
5-19     confirmation election held as provided by this section.
5-20           (c)  Except as provided by this section, a confirmation
5-21     election must be conducted as provided by Sections 36.017(b)-(h),
5-22     Water Code, and the Election Code.
5-23           (d)  If the establishment of the district is not confirmed at
5-24     an election held under this section before the second anniversary
5-25     of the effective date of this Act, this Act expires on that date.
5-26           SECTION 10.  ADDITION OF OTHER COUNTIES TO DISTRICT.  (a)  An
5-27     adjacent county that wishes to join the district shall petition the
 6-1     district by resolution of the commissioners court of the county.
 6-2           (b)  If the board finds after a hearing on the resolution
 6-3     that the addition of the county would benefit the district and the
 6-4     county to be added, the board by resolution may approve the
 6-5     addition of the county to the district.
 6-6           (c)  The addition of a county to the district under this
 6-7     section is not final until ratified by a majority vote of the
 6-8     qualified voters in the county to be added voting in an election
 6-9     held for that purpose.
6-10           (d)  The ballots for the election shall be printed to provide
6-11     for voting for or against the proposition:  "The inclusion of
6-12     _________ County in the Robertson-Brazos County Groundwater
6-13     Conservation District."
6-14           (e)  The notice of the election, the manner and the time of
6-15     giving the notice, the manner of holding the election, and the
6-16     qualifications of the voters are governed by the Election Code.
6-17           SECTION 11.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-18     (a)  The proper and legal notice of the intention to introduce this
6-19     Act, setting forth the general substance of this Act, has been
6-20     published as provided by law, and the notice and a copy of this Act
6-21     have been furnished to all persons, agencies, officials, or
6-22     entities to which they are required to be furnished by the
6-23     constitution and the laws of this state, including the governor,
6-24     who has submitted the notice and Act to the Texas Natural Resource
6-25     Conservation Commission.
6-26           (b)  The Texas Natural Resource Conservation Commission has
6-27     filed its recommendations relating to this Act with the governor,
 7-1     lieutenant governor, and speaker of the house of representatives
 7-2     within the required time.
 7-3           (c)  All the requirements of the constitution and the laws of
 7-4     this state and rules and procedures of the legislature with respect
 7-5     to the notice, introduction, and passage of this Act are fulfilled
 7-6     and accomplished.
 7-7           SECTION 12.  EMERGENCY.  The importance of this legislation
 7-8     and the crowded condition of the calendars in both houses create an
 7-9     emergency and an imperative public necessity that the
7-10     constitutional rule requiring bills to be read on three several
7-11     days in each house be suspended, and this rule is hereby suspended,
7-12     and that this Act take effect and be in force from and after its
7-13     passage, and it is so enacted.
7-14                          COMMITTEE AMENDMENT NO. 1
7-15           Amend H.B. 3835, on page 3, line 10, by inserting the
7-16     following after the word "Code," and before the word "is":
7-17     "including wells used for dewatering and monitoring in the
7-18     production of coal and lignite,".
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7-20                          COMMITTEE AMENDMENT NO. 2
7-21           Amend H.B. 3835, on page 4, line 25, by inserting the
7-22     following after the word "water" and before the word "users":
7-23     "supply and agricultural water".
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7-25                          COMMITTEE AMENDMENT NO. 3
7-26           Amend H.B. 3835, on page 5, lines 18-19, by striking
7-27     Subsection (b) of SECTION 9 of the bill and relettering the
 8-1     subsequent subsections appropriately.
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 8-3                          COMMITTEE AMENDMENT NO. 4
 8-4           Amend H.B. 3835 as follows:
 8-5           (1)  On page 1, line 3, strike "Robertson-Brazos County" and
 8-6     substitute "Brazos Valley".
 8-7           (2)  On page 1, line 7, strike "Robertson-Brazos County" and
 8-8     substitute "Brazos Valley".
 8-9           (3)  On page 1, line 16, strike "Robertson-Brazos County" and
8-10     substitute "Brazos Valley".
8-11           (4)  On page 6, line 12, strike "Robertson-Brazos County" and
8-12     substitute "Brazos Valley".
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