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.