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.