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. 3-47 * * * * *