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.