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.