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.