By Armbrister                                          S.B. No. 944
         76R3599 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation, administration, powers, duties,
 1-3     operation, and financing of the Bastrop-Lee County Groundwater
 1-4     Conservation District; granting the power of eminent domain.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  CREATION.  (a)  A groundwater conservation
 1-7     district, to be known as the Bastrop-Lee County Groundwater
 1-8     Conservation District, is created in Bastrop and Lee counties
 1-9     subject to a confirmation election held as provided by Section 9 of
1-10     this Act. The district is a governmental agency and a body politic
1-11     and corporate.
1-12           (b)  The district is created under and is essential to
1-13     accomplish the purposes of Section 59, Article XVI, Texas
1-14     Constitution.
1-15           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-16     Bastrop-Lee County Groundwater Conservation District.
1-17           SECTION 3.  BOUNDARIES.  The boundaries of the district are
1-18     coextensive with the boundaries of Bastrop and Lee counties.
1-19           SECTION 4.   FINDING OF BENEFIT.  All of the land and other
1-20     property included within the boundaries of the district will be
1-21     benefited by the works and projects that are to be accomplished by
1-22     the district under powers conferred by Section 59, Article XVI,
1-23     Texas Constitution.  The district is created to serve a public use
1-24     and benefit.
 2-1           SECTION 5.  POWERS.  (a)  Except as provided by Subsections
 2-2     (c)-(e) of this section, the district has all of the rights,
 2-3     powers, privileges, authority, functions, and duties provided by
 2-4     the general law of this state, including Chapter 36, Water Code,
 2-5     applicable to groundwater conservation districts created under
 2-6     Section 59, Article XVI, Texas Constitution.  Chapter 49, Water
 2-7     Code, does not apply to the district.  This Act prevails over any
 2-8     provision of general law that is in conflict or inconsistent with
 2-9     this Act.
2-10           (b)  The rights, powers, privileges, authority, functions,
2-11     and duties of the district are subject to the continuing right of
2-12     supervision of the state to be exercised by and through the Texas
2-13     Natural Resource Conservation Commission.
2-14           (c)  The district may not levy or collect taxes.
2-15           (d)  The district may not require a permit for, impose a fee
2-16     on, or restrict production of a well that is not capable of
2-17     producing more than 50,000 gallons of groundwater a day.
2-18           (e)  Notwithstanding Subsection (a)  of this section, the
2-19     following provisions prevail over a conflicting or inconsistent
2-20     provision in this Act:
2-21                 (1)  Sections 36.107-36.108, Water Code;
2-22                 (2)  Sections 36.159-36.161, Water Code; and
2-23                 (3)  Subchapter I, Chapter 36, Water Code.
2-24           SECTION 6.  WATER EXPORT RULES.  (a)  The board of directors
2-25     of the district by rule shall define "export line" to mean the
2-26     outer perimeter of the area that extends five miles from the outer
2-27     perimeter of the combined area described or delineated in
 3-1     certificates of convenience and necessity issued by the Texas
 3-2     Natural Resource Conservation Commission, in effect on January 1,
 3-3     1999, and held by:
 3-4                 (1)  Aqua Water Supply Corporation;
 3-5                 (2)  Manville Water Supply Corporation;
 3-6                 (3)  the City of Bastrop;
 3-7                 (4)  the City of Elgin; and
 3-8                 (5)  the City of Smithville.
 3-9           (b)  The board by rule may require a person to obtain a
3-10     permit from the district to transfer groundwater outside the export
3-11     line.  The rules must be consistent with Section 36.122, Water
3-12     Code, except that the export line is substituted for the district
3-13     boundaries.
3-14           (c)  This section does not affect the right of a retail
3-15     public utility listed in Subsection (a) of this section to contract
3-16     to provide wholesale or bulk water to a customer who resells water
3-17     for consumption within the export line without regard to whether
3-18     that water is provided under a certificate of convenience and
3-19     necessity.
3-20           (d)  This section does not restrict a retail public utility
3-21     listed in Subsection (a) of this section from transporting water
3-22     outside the export line for emergency purposes for a period not to
3-23     exceed 90 days.  Transportation of water outside the export line
3-24     under this subsection may be voluntary or may be directed by the
3-25     Texas Natural Resource Conservation Commission.
3-26           (e)  On or before the 30th day after the effective date of
3-27     this Act, each retail public utility listed in Subsection (a) of
 4-1     this section shall file with the district the certificate of
 4-2     convenience and  necessity held by that utility and in effect on
 4-3     January 1, 1999.
 4-4           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
 4-5     governed by a board of nine directors.
 4-6           (b)  The governing bodies of each of the following entities
 4-7     shall appoint one director:
 4-8                 (1)  the Bastrop County Commissioners Court;
 4-9                 (2)  the City of Bastrop;
4-10                 (3)  the City of Elgin;
4-11                 (4)  the City of Smithville;
4-12                 (5)  the Lower Colorado River Authority;
4-13                 (6)  Aqua Water Supply Corporation;
4-14                 (7)  the Lee County Commissioners Court;
4-15                 (8)  the City of Giddings; and
4-16                 (9)  Lee County Water Supply Corporation.
4-17           (c)  Each governing body shall appoint an initial director as
4-18     soon as practicable, but not later than 45 days after the effective
4-19     date of this Act.
4-20           (d)  The initial directors shall draw lots to determine:
4-21                 (1)  which five directors shall serve four-year terms
4-22     that expire at the end of the calendar year four years after the
4-23     effective date of this Act; and
4-24                 (2)  which four directors shall serve two-year terms
4-25     that expire at the end of the calendar year two years after the
4-26     effective date of this Act.
4-27           (e)  Except as provided by Subsection (d) of this section,
 5-1     directors serve staggered four-year terms.
 5-2           (f)  Directors may serve consecutive terms.
 5-3           (g)  Each director must qualify to serve as director in the
 5-4     manner provided by Section 36.055, Water Code.
 5-5           (h)  A director serves until the director's successor has
 5-6     qualified.
 5-7           (i)  A director may not receive compensation for serving on
 5-8     the board but is entitled to reimbursement for actual reasonable
 5-9     expenses incurred in performing duties as a director.
5-10           (j)  If a vacancy occurs on the board, the governing body of
5-11     the entity that appointed the director who vacated the office shall
5-12     appoint a director to serve the remainder of the term.
5-13           SECTION 8.  ORGANIZATIONAL MEETING. (a)  As soon as
5-14     practicable after the initial directors are appointed and have
5-15     qualified as provided by this Act, the directors shall hold the
5-16     organizational meeting of the board.
5-17           (b)  The directors shall hold the meeting:
5-18                 (1)  at a location within the district agreeable to a
5-19     majority of the directors; or
5-20                 (2)  at the Bastrop County Courthouse if the directors
5-21     cannot agree on a location.
5-22           SECTION 9.  CONFIRMATION ELECTION.  (a)  The initial board of
5-23     directors shall call and hold an election in each of the two
5-24     counties, individually, to confirm the establishment of the
5-25     district.
5-26           (b)  Section 41.001(a), Election Code, does not apply to a
5-27     confirmation election held as provided by this section.
 6-1           (c)  The ballot for the election must be printed to provide
 6-2     for voting for or against the proposition: "The creation of the
 6-3     Bastrop-Lee County Groundwater Conservation District or, if the
 6-4     district is confirmed only by the voters of _____________ (name of
 6-5     county in which election is being held) County, the creation of the
 6-6     ______________ (name of county in which election is being held)
 6-7     County Groundwater Conservation District."
 6-8           (d)  If a majority of the qualified voters voting in the
 6-9     election in each county vote to confirm the district, the district
6-10     is confirmed as to both Bastrop and Lee counties.  If a majority of
6-11     the qualified voters voting in the election in only one of the two
6-12     counties vote to confirm the creation of the district, the district
6-13     is created coterminous with the boundaries of that county only.
6-14           (e)  The offices of the initial directors appointed by the
6-15     commissioners court and the city councils of municipalities in a
6-16     county that does not confirm the district lapse effective on the
6-17     date the canvass of the vote failing to confirm the district is
6-18     recorded.  If the terms of the remaining initial directors are not
6-19     staggered as provided for by the drawing under Section 7(d) of this
6-20     Act, the remaining initial directors shall redraw lots to provide
6-21     for staggered terms.
6-22           SECTION 10.   FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-23     (a) The proper and legal notice of the intention to introduce this
6-24     Act, setting forth the general substance of this Act, has been
6-25     published as provided by law, and the notice and a copy of this Act
6-26     have been furnished to all persons, agencies, officials, or
6-27     entities to which they are required to be furnished by the
 7-1     constitution and other laws of this state, including the governor,
 7-2     who has submitted the notice and Act to the Texas Natural Resource
 7-3     Conservation Commission.
 7-4           (b)  The Texas Natural Resource Conservation Commission has
 7-5     filed its recommendations relating to this Act with the governor,
 7-6     lieutenant governor, and speaker of the house of representatives
 7-7     within the required time.
 7-8           (c)  All requirements of the constitution and laws of this
 7-9     state and the rules and procedures of the legislature with respect
7-10     to the notice, introduction, and passage of this Act are fulfilled
7-11     and accomplished.
7-12           SECTION 11.  EMERGENCY.  The importance of this legislation
7-13     and the crowded condition of the calendars in both houses create an
7-14     emergency and an imperative public necessity that the
7-15     constitutional rule requiring bills to be read on three several
7-16     days in each house be suspended, and this rule is hereby suspended,
7-17     and that this Act take effect and be in force from and after its
7-18     passage, and it is so enacted.