76R15425 BDH-F
By Green H.B. No. 3839
Substitute the following for H.B. No. 3839:
By Counts C.S.H.B. No. 3839
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 Hays Trinity 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 Hays Trinity Groundwater Conservation
1-8 District, is created in Hays County, subject to approval at a
1-9 confirmation election under Section 10 of this Act. The district
1-10 is a governmental 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 SECTION 2. Definition. In this Act, "district" means the
1-15 Hays Trinity Groundwater Conservation District.
1-16 SECTION 3. Boundaries. The boundaries of the district are
1-17 coextensive with the boundaries of Hays County, excluding the part
1-18 of the county within the boundaries of the Barton Springs-Edwards
1-19 Aquifer Conservation District or the Edwards Aquifer Authority.
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 Subsections
2-3 (c) and (d) of this section, the district has all of the rights,
2-4 powers, privileges, authority, functions, and duties provided by
2-5 the general law of this state, including Chapter 36, Water Code,
2-6 applicable to groundwater conservation districts created under
2-7 Section 59, Article XVI, Texas Constitution, except that Chapter
2-8 49, Water Code, does not apply to the district. This Act prevails
2-9 over any provision of general law that is in conflict or
2-10 inconsistent with this Act.
2-11 (b) The district has the power to limit the transfer of
2-12 groundwater out of the district, including the power to prohibit
2-13 the transfer.
2-14 (c) The district may not:
2-15 (1) regulate the use of land in the district;
2-16 (2) regulate wastewater or septic systems;
2-17 (3) sell surface water or groundwater for any purpose;
2-18 (4) incur a debt that matures in more than one year;
2-19 (5) levy or collect an ad valorem tax;
2-20 (6) enter land in the district without permission of
2-21 the landowner;
2-22 (7) require a person to place a meter on a well; or
2-23 (8) refuse to register a well if the registrant pays
2-24 the fee required by Section 12 of this Act.
2-25 (d) Except as provided by Section 12 of this Act, Sections
2-26 36.117(f) and (g), Water Code, do not apply to the district.
2-27 SECTION 6. FISCAL RESPONSIBILITIES. (a) The board of
3-1 directors of the district annually shall prepare a budget that
3-2 includes the proposed expenditures and disbursements and the
3-3 estimated receipts and collections for the following fiscal year.
3-4 (b) The board shall hold a public hearing on the proposed
3-5 budget. The board must publish notice of the hearing in a
3-6 newspaper of general circulation in Hays County not later than the
3-7 11th day before the date set for the hearing. Any resident of the
3-8 district may appear at the hearing and be heard on an item in the
3-9 proposed budget.
3-10 SECTION 7. COORDINATION WITH OTHER DISTRICTS. (a) The
3-11 district may coordinate its plans with those of another
3-12 conservation and reclamation district created under Section 59,
3-13 Article XVI, Texas Constitution, and may enter into joint
3-14 undertakings for the purposes for which the districts are created.
3-15 (b) An action taken under this section:
3-16 (1) may not conflict with another section of this Act;
3-17 and
3-18 (2) must be approved by:
3-19 (A) the commissioners court of each county in
3-20 which the districts are located; and
3-21 (B) the board of directors of each district.
3-22 SECTION 8. BOARD OF DIRECTORS. (a) The district is
3-23 governed by a board of five directors.
3-24 (b) Each director must qualify to serve as director in the
3-25 manner provided by Section 36.055, Water Code.
3-26 (c) Temporary directors serve until initial directors are
3-27 elected under Section 10 of this Act.
4-1 (d) Initial directors serve until permanent directors are
4-2 elected under Section 11 of this Act.
4-3 (e) Permanent directors serve staggered four-year terms.
4-4 (f) A director serves until the director's successor has
4-5 qualified.
4-6 (g) If there is a vacancy on the board, the remaining
4-7 directors shall appoint a director to serve the remainder of the
4-8 term.
4-9 (h) A director may not receive a salary or other
4-10 compensation for service as a director but may be reimbursed for
4-11 actual expenses of attending meetings at the rate in effect for
4-12 employees of Hays County.
4-13 SECTION 9. TEMPORARY DIRECTORS. Not later than the 31st day
4-14 after the effective date of this Act, the Hays County Commissioners
4-15 Court shall appoint a temporary board of directors consisting of
4-16 five members.
4-17 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-18 (a) Not earlier than the later of March 1, 2000, or the 90th day
4-19 after the date the Texas Water Development Board releases a study
4-20 of the Trinity Aquifer, the temporary board of directors shall call
4-21 and hold an election to confirm establishment of the district, to
4-22 elect five initial directors as provided by Chapter 36, Water Code,
4-23 and to submit any other propositions required by the temporary
4-24 board of directors.
4-25 (b) Except as provided by this section, a confirmation
4-26 election must be conducted as provided by Sections 36.017(b)-(h),
4-27 Water Code, and the Election Code.
5-1 (c) If the establishment of the district has not been
5-2 confirmed at an election held under this section before the second
5-3 anniversary of the effective date of this Act, this Act expires on
5-4 that date.
5-5 SECTION 11. ELECTION OF PERMANENT DIRECTORS. On the first
5-6 Saturday in May of the second year after the year in which the
5-7 confirmation election is held, an election shall be held in the
5-8 district for the election of three directors who shall serve a
5-9 two-year term and two directors who shall serve a four-year term.
5-10 Thereafter, on the first Saturday in May in each subsequent second
5-11 year, the appropriate number of directors shall be elected to the
5-12 board.
5-13 SECTION 12. ADDITIONAL POWERS AND DUTIES OF DISTRICT. (a)
5-14 The district may require a water well drilled in the district on or
5-15 after the date the establishment of the district is confirmed at an
5-16 election under Section 10 of this Act to be registered with the
5-17 district before drilling. The district may set a registration fee.
5-18 The registration fee for a well other than a well described by
5-19 Sections 36.117(a)(1)-(5), Water Code, may not exceed $1,000. The
5-20 registration fee for a well described by Sections 36.117(a)(1)-(5),
5-21 Water Code, may not exceed the fee established by the Hays County
5-22 Commissioners Court for an application for a permit for an on-site
5-23 sewage disposal system.
5-24 (b) Except as provided by Subsection (c), the district shall
5-25 use all revenue that is not necessary for the maintenance and
5-26 operation of the district to fund annual hydro-geological studies
5-27 of aquifers. The district shall use the studies in the development
6-1 of a regional and county water development plan.
6-2 (c) The district must use all money collected by the
6-3 district in excess of $120,000 each year to issue rebates to
6-4 residents who participate in voluntary conservation projects
6-5 approved by the board, including rainwater collection, xeriscape
6-6 planting, and brush clearing.
6-7 (d) The district may annex land adjacent to the district on
6-8 petition of the landowner as provided by Subchapter J, Chapter 36,
6-9 Water Code.
6-10 SECTION 13. DISSOLUTION OF DISTRICT. (a) Subchapter I,
6-11 Chapter 36, Water Code, applies to dissolution of the district.
6-12 (b) The board of directors of the district shall order an
6-13 election on the question of dissolving the district and disposing
6-14 of the district's assets and obligations if:
6-15 (1) the board receives a petition requesting an
6-16 election that is signed by a number of residents of the district
6-17 equal to at least two percent of the registered voters in the
6-18 district; and
6-19 (2) the district has no outstanding bonded
6-20 indebtedness.
6-21 (c) The election shall be held not later than the 60th day
6-22 after the date the election is ordered. Section 41.001(a),
6-23 Election Code, does not apply to an election ordered under this
6-24 section. The order calling the election must state:
6-25 (1) the nature of the election, including the
6-26 proposition that is to appear on the ballot;
6-27 (2) the date of the election;
7-1 (3) the hours during which the polls will be open; and
7-2 (4) the location of the polling places.
7-3 (d) The board of directors shall give notice of the election
7-4 by publishing a substantial copy of the election order in a
7-5 newspaper with general circulation in the district once a week for
7-6 two consecutive weeks. The first publication must appear at least
7-7 35 days before the date set for the election. The ballot for the
7-8 election shall be printed to permit voting for or against the
7-9 proposition: "The dissolution of the Hays Trinity Groundwater
7-10 Conservation District of Hays County, Texas."
7-11 (e) If a majority of the votes in the election favor
7-12 dissolution, the board of directors shall find that the district is
7-13 dissolved. If a majority of the votes in the election do not favor
7-14 dissolution, the board shall continue to administer the district
7-15 and another election on the question of dissolution may not be held
7-16 before the first anniversary of the most recent election to
7-17 dissolve the district.
7-18 (f) If a majority of the votes in the election favor
7-19 dissolution, the assets of the district shall be sold and the
7-20 proceeds distributed as provided by Section 36.310, Water Code.
7-21 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
7-22 (a) The proper and legal notice of the intention to introduce this
7-23 Act, setting forth the general substance of this Act, has been
7-24 published as provided by law, and the notice and a copy of this Act
7-25 have been furnished to all persons, agencies, officials, or
7-26 entities to which they are required to be furnished by the
7-27 constitution and other laws of this state, including the governor,
8-1 who has submitted the notice and Act to the Texas Natural Resource
8-2 Conservation Commission.
8-3 (b) The Texas Natural Resource Conservation Commission has
8-4 filed its recommendations relating to this Act with the governor,
8-5 lieutenant governor, and speaker of the house of representatives
8-6 within the required time.
8-7 (c) All requirements of the constitution and laws of this
8-8 state and the rules and procedures of the legislature with respect
8-9 to the notice, introduction, and passage of this Act are fulfilled
8-10 and accomplished.
8-11 SECTION 15. EMERGENCY. The importance of this legislation
8-12 and the crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended,
8-16 and that this Act take effect and be in force from and after its
8-17 passage, and it is so enacted.