1-1     By:  Ogden                                             S.B. No. 635
 1-2           (In the Senate - Filed February 22, 1999; February 23, 1999,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     April 23, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 23, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 635               By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the creation, administration, powers, duties,
1-11     operations, and financing of the Robertson-Brazos County
1-12     Groundwater Conservation District.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  CREATION.  (a)  A groundwater conservation
1-15     district, to be known as the Robertson-Brazos County Groundwater
1-16     Conservation District, is created in Robertson County and Brazos
1-17     County subject to approval at a confirmation election held under
1-18     Section 9 of this Act.  The district is a governmental agency and
1-19     body politic and corporate.
1-20           (b)  The district is created under and is essential to
1-21     accomplish the purposes of Section 59, Article XVI, Texas
1-22     Constitution.
1-23           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-24     Robertson-Brazos County Groundwater Conservation District.
1-25           SECTION 3.  BOUNDARIES.  The boundaries of the district are
1-26     coextensive with the boundaries of Robertson County and Brazos
1-27     County.
1-28           SECTION 4.  FINDING OF BENEFIT.  All of the land and other
1-29     property included within the boundaries of the district will be
1-30     benefited by the works and projects that are to be accomplished by
1-31     the district under powers conferred by Section 59, Article XVI,
1-32     Texas Constitution.  The district is created to serve a public use
1-33     and benefit.
1-34           SECTION 5.  POWERS.  (a)  Except as provided by this section,
1-35     the district has all of the rights, powers, privileges, authority,
1-36     functions, and duties provided by the general law of this state,
1-37     including Chapter 36, Water Code, applicable to groundwater
1-38     conservation districts created under Section 59, Article XVI, Texas
1-39     Constitution.  Chapter 49, Water Code, does not apply to the
1-40     district.  This Act prevails over any provision of general law that
1-41     is in conflict or inconsistent with this Act.
1-42           (b)  The district by rule may require a person to obtain a
1-43     permit from the district for the transfer of groundwater out of the
1-44     district consistent with Section 36.122, Water Code.  The delivery
1-45     of water by a certificated retail public utility whose source of
1-46     water on the effective date of this Act is one or more wells
1-47     located within the district to the utility's certificated service
1-48     area under a certificate of convenience and necessity issued by the
1-49     Texas Natural Resource Conservation Commission, or to that
1-50     certificated area as it may be modified in the future by the Texas
1-51     Natural Resource Conservation Commission, is not a transfer of
1-52     groundwater outside the boundaries of the district subject to
1-53     Section 36.122, Water Code, if the water is not transported and
1-54     used outside the utility's certificated area.
1-55           (c)  The district may not levy or collect taxes in the
1-56     district.
1-57           (d)  The board of directors of the district by rule may
1-58     impose reasonable fees on each well for which a permit is issued by
1-59     the district and which is not exempt from regulation by the
1-60     district.  The fee shall be based on the amount of water to be
1-61     withdrawn from the well and may not exceed $0.25 per acre foot for
1-62     water used for irrigating agricultural crops or operating existing
1-63     steam electric stations or $0.0425 per  thousand gallons for water
1-64     used for any other purpose.  The fees may be assessed annually,
 2-1     based on the size of column pipe used in the wells, the production
 2-2     capacity of the well, or actual, authorized, or anticipated
 2-3     pumpage.
 2-4           (e)  A well meeting the criteria established under Section
 2-5     36.117, Water Code, including wells used for dewatering and
 2-6     monitoring in the production of coal and lignite, is exempt from
 2-7     permit requirements, regulations, and fees imposed by the district.
 2-8           (f)  The district may not:
 2-9                 (1)  exercise the power of eminent domain;
2-10                 (2)  issue and sell bonds or notes in the name of the
2-11     district; or
2-12                 (3)  purchase, sell, transport, or distribute surface
2-13     water or groundwater for any purpose.
2-14           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is
2-15     governed by a board of six directors.  Directors are appointed as
2-16     provided by Section 7 of this Act.
2-17           (b)  Except for the initial term, all directors serve a
2-18     four-year term.  The term of two initial directors will expire at
2-19     the end of the calendar year two years after the effective date of
2-20     this Act and the term of four initial directors will expire at the
2-21     end of the calendar year four years after the effective date of
2-22     this Act.
2-23           (c)  Subject to Subsection (b) of this section, the initial
2-24     directors shall draw lots to determine one initial director from
2-25     Robertson County and one initial director from Brazos County who
2-26     shall serve a two-year term.  The other initial directors shall
2-27     serve a term of four years.
2-28           (d)  Each director must qualify to serve as a director in the
2-29     manner provided by Section 36.055, Water Code.
2-30           (e)  A director serves until the director's successor has
2-31     qualified.
2-32           (f)  Directors may serve consecutive terms.
2-33           (g)  If there is a vacancy on the board, the governing body
2-34     of the entity that appointed the director who vacated the office
2-35     shall appoint a director to serve the remainder of the term.
2-36           (h)  Directors are not entitled to receive compensation for
2-37     serving as a director but may be reimbursed for actual, reasonable
2-38     expenses incurred in the discharge of official duties.
2-39           (i)  A majority vote of a quorum is required for board
2-40     action.  If there is a tie vote, the proposed action fails.
2-41           SECTION 7.  APPOINTMENT OF DIRECTORS.  (a)  The Robertson
2-42     County Commissioners Court shall appoint three directors.  One
2-43     appointment shall represent the urban interests of Robertson
2-44     County, one appointment shall represent the rural interests of
2-45     Robertson County, and one appointment shall represent the
2-46     industrial interests of Robertson County.
2-47           (b)  The Brazos County Commissioners Court shall appoint one
2-48     director who shall represent the rural water supply and
2-49     agricultural water users of Brazos County.
2-50           (c)  The City of Bryan shall appoint one director.
2-51           (d)  The City of College Station shall appoint one director.
2-52           (e)  Each of the governing bodies authorized by this section
2-53     to make an appointment shall appoint the appropriate number of
2-54     initial directors as soon as practicable following the effective
2-55     date of this Act, but not later than the 45th day after the
2-56     effective date of this Act.
2-57           SECTION 8.  ORGANIZATIONAL MEETING.  As soon as practicable
2-58     after all the initial directors are appointed as provided in this
2-59     Act, a majority of the directors shall convene the organizational
2-60     meeting of the district at a location within the district agreeable
2-61     to a majority of the directors at which time the directors will
2-62     take office.  If no location can be agreed upon, the organizational
2-63     meeting of the directors shall be at the Robertson County
2-64     Courthouse.
2-65           SECTION 9.  CONFIRMATION ELECTION.  (a)  The initial board of
2-66     directors shall call and hold an election to confirm the
2-67     establishment of the district.
2-68           (b)  Except as provided by this section, a confirmation
2-69     election must be conducted as provided by Subsections (b) through
 3-1     (h), Section 36.017, Water Code, and the Election Code.
 3-2           (c)  If the establishment of the district is not confirmed at
 3-3     an election held under this section before the second anniversary
 3-4     of the effective date of this Act, this Act expires on that date.
 3-5           SECTION 10.  ADDITION OF OTHER COUNTIES TO DISTRICT.  (a)  An
 3-6     adjacent county that wishes to join the district shall petition the
 3-7     district by resolution of the commissioners court of the county.
 3-8           (b)  If the board finds after a hearing on the resolution
 3-9     that the addition of the county would benefit the district and the
3-10     county to be added, the board by resolution may approve the
3-11     addition of the county to the district.
3-12           (c)  The addition of a county to the district under this
3-13     section is not final until ratified by a majority vote of the
3-14     qualified voters in the county to be added voting in an election
3-15     held for that purpose.
3-16           (d)  The ballots for the election shall be printed to provide
3-17     for voting for or against the proposition:  "The inclusion of
3-18     _________ County in the Robertson-Brazos County Groundwater
3-19     Conservation District."
3-20           (e)  The notice of the election, the manner and the time of
3-21     giving the notice, the manner of holding the election, and the
3-22     qualifications of the voters are governed by the Election Code.
3-23           SECTION 11.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
3-24     (a)  The proper and legal notice of the intention to introduce this
3-25     Act, setting forth the general substance of this Act, has been
3-26     published as provided by law, and the notice and a copy of this Act
3-27     have been furnished to all persons, agencies, officials, or
3-28     entities to which they are required to be furnished by the
3-29     constitution and the laws of this state, including the governor,
3-30     who has submitted the notice and Act to the Texas Natural Resource
3-31     Conservation Commission.
3-32           (b)  The Texas Natural Resource Conservation Commission has
3-33     filed its recommendations relating to this Act with the governor,
3-34     lieutenant governor, and speaker of the house of representatives
3-35     within the required time.
3-36           (c)  All the requirements of the constitution and laws of
3-37     this state and the rules and procedures of the legislature with
3-38     respect to the notice, introduction, and passage of this Act are
3-39     fulfilled and accomplished.
3-40           SECTION 12.  EMERGENCY.  The importance of this legislation
3-41     and the crowded condition of the calendars in both houses create an
3-42     emergency and an imperative public necessity that the
3-43     constitutional rule requiring bills to be read on three several
3-44     days in each house be suspended, and this rule is hereby suspended,
3-45     and that this Act take effect and be in force from and after its
3-46     passage, and it is so enacted.
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