By Ogden S.B. No. 635
76R6876 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, establishment, administration, powers,
1-3 duties, functions and financing of the Robertson-Brazos County
1-4 Groundwater Conservation District under Article XVI, Section 59, of
1-5 the Texas Constitution; providing the authority to impose water use
1-6 fees; and declaring an emergency.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. CREATION. (a) A groundwater conservation
1-9 district, to be known as the Robertson-Brazos County Groundwater
1-10 Conservation District, is created in Robertson County and Brazos
1-11 County. The district is a governmental agency and body, politic
1-12 and corporate.
1-13 (b) The district is created under and is essential to
1-14 accomplish the purposes of Article XVI, Section 59 of the Texas
1-15 Constitution.
1-16 SECTION 2. DEFINITION. In this Act, "district" means the
1-17 Robertson-Brazos Groundwater Conservation District.
1-18 SECTION 3. BOUNDARIES. The boundaries of the district are
1-19 coextensive with the boundaries of Robertson County and Brazos
1-20 County.
1-21 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-22 property included within the boundaries of the district will be
1-23 benefitted by the works and projects that are to be accomplished by
1-24 the district under powers conferred by Article XVI, Section 59, of
2-1 the Texas Constitution. The district is created to serve a public
2-2 use and benefit.
2-3 SECTION 5. POWERS. (a) Except as provided by this section,
2-4 the district has all of the rights, powers, privileges, authority,
2-5 functions, and duties provided by the general law of this state,
2-6 including Chapters 36 and 49 of the Texas Water Code, applicable to
2-7 groundwater conservation districts created under Article XVI,
2-8 Section 59 of the Texas Constitution. This Act prevails over any
2-9 provision of general law that is in conflict or inconsistent with
2-10 this Act.
2-11 (b) The rights, powers, privileges, authority, functions and
2-12 duties of the district are subject to the continuing right of
2-13 supervision of the state to be exercised by and through the Texas
2-14 Natural Resource Conservation Commission.
2-15 (c) The district may promulgate rules requiring a person to
2-16 obtain a permit from the district for the transfer of groundwater
2-17 out of the district consistent with the provisions of Section
2-18 36.122 of the Texas Water Code. It shall not be considered a
2-19 transfer of groundwater outside the boundaries of the district
2-20 under Section 36.122 of the Texas Water Code for a certificated
2-21 retail public utility whose source of water as of the effective
2-22 date of this Act is from a well or wells located within the
2-23 district to deliver water to its certificated service area pursuant
2-24 to a certificate of convenience and necessity issued by the Texas
2-25 Natural Resource Conservation Commission, or as such certificated
2-26 area may be modified in the future by the Texas Natural Resource
2-27 Conservation Commission, provided that the water is not transported
3-1 and used outside of its certificated area.
3-2 (d) The district may not levy or collect taxes in the
3-3 district.
3-4 (e) The board of directors of the district has, by rule, the
3-5 authority to impose reasonable fees on each well for which a permit
3-6 is issued by the district and which is not exempt from regulation
3-7 by the district. The fee is based on the amount of water to be
3-8 withdrawn from the well and shall not exceed $0.25 per acre foot
3-9 for water used for irrigating agricultural crops or operating
3-10 existing steam electric stations and shall not exceed $0.0425 per
3-11 thousand gallons for water used for any other purpose. The fees
3-12 may be assessed on an annual basis, based on the size of column
3-13 pipe used in the wells, the production capacity of the well, or
3-14 actual, authorized, or anticipated pumpage.
3-15 (f) Wells meeting the criteria established under Section
3-16 36.117 of the Texas Water Code shall be exempt from permit
3-17 requirements, regulations, and fees imposed by the district.
3-18 (g) The district may not exercise the following powers: (i)
3-19 eminent domain; (ii) issuance and sale of bonds and notes in the
3-20 name of the district; and (iii) purchase, sell, transport, or
3-21 distribute surface water or groundwater for any purpose.
3-22 SECTION 6. BOARD OF DIRECTORS. (a) The district is
3-23 governed by a board of six (6) directors.
3-24 (b) Except for the initial term, all directors serve a
3-25 four-year term. The initial term of two directors will expire at
3-26 the end of the calendar year two years after the effective date of
3-27 this Act and the initial term of four directors will expire at the
4-1 end of the calendar four years after the effective date of this
4-2 Act.
4-3 (c) Subject to paragraph (b) above, the initial directors
4-4 shall draw lots to determine one director from Robertson County and
4-5 one director from Brazos County who shall serve an initial two-year
4-6 term. The other director shall serve an initial term of four
4-7 years.
4-8 (d) Each director must qualify to serve as a director in the
4-9 manner provided by Section 36.055 of the Texas Water Code.
4-10 (e) A director serves until the director's successor has
4-11 qualified.
4-12 (f) Directors may serve consecutive terms.
4-13 (g) If there is a vacancy on the board, the governing body
4-14 of the entity that appointed the director who vacated the office
4-15 shall appoint a director to serve the remainder of the term.
4-16 (h) Directors are not entitled to receive compensation for
4-17 serving as a director, but may be reimbursed for actual, reasonable
4-18 expenses incurred in the discharge of official duties.
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 interests of Brazos 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 do so as soon a practicable following
5-4 the effective date of this Act, but in no event later than
5-5 forty-five (45) days after the effective date of this Act.
5-6 SECTION 8. ORGANIZATION MEETING. As soon as practicable
5-7 after all the directors are appointed as provided in this Act, a
5-8 majority of the directors shall convene the organizational meeting
5-9 of the district at a location within the district agreeable to a
5-10 majority of the directors at which time the directors will take
5-11 office. If no location can be agreed upon, the organizational
5-12 meeting of the directors shall be at the Robertson County
5-13 Courthouse.
5-14 SECTION 9. STATUTORY INTERPRETATION. Except as otherwise
5-15 provided by this Act, if there is a conflict between this Act and
5-16 Chapter 36 or 49 of the Texas Water Code, this Act controls. If
5-17 there is a conflict between Chapters 36 and 49, Chapter 36
5-18 controls.
5-19 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
5-20 (a) The proper and legal notice of the intention to introduce this
5-21 Act, setting forth the general substance of this Act, has been
5-22 published as provided by law, and the notice and a copy of this Act
5-23 have been furnished to all persons, agencies, officials, or
5-24 entities to which they are required to be furnished by the
5-25 Constitution and the laws of this state, including the Governor,
5-26 who has submitted the notice and Act to the Texas Natural Resource
5-27 Conservation Commission.
6-1 (b) The Texas Natural Resource Conservation Commission has
6-2 filed its recommendations relating to this Act with the Governor,
6-3 Lt. Governor, and Speaker of the House of Representatives within
6-4 the required time.
6-5 (c) All the requirements of the Constitution and the laws of
6-6 this state and rules and procedures of the Legislature with respect
6-7 to the notice, introduction, and passage of this Act are fulfilled
6-8 and accomplished.
6-9 SECTION 11. EMERGENCY. The importance of this legislation
6-10 and the crowded condition of the calendars in both Houses create an
6-11 emergency and imperative public necessity that the Constitutional
6-12 rules requiring bills to be read on three several days be
6-13 suspended, and this rule is hereby suspended, and that this Act
6-14 take effect, and be enforced from and after its passage, and it is
6-15 so enacted.