By Zaffirini, et al. S.B. No. 1852
76R5661 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Comal County Groundwater Management
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION. (a) A groundwater conservation
1-6 district, to be known as the Comal County Groundwater Management
1-7 District, is created in Comal County, subject to approval at a
1-8 confirmation election under Section 8 of this Act. The district is
1-9 a governmental agency and a body politic and corporate.
1-10 (b) The district is created under and is essential to
1-11 accomplish the purposes of Section 59, Article XVI, Texas
1-12 Constitution.
1-13 SECTION 2. DEFINITION. In this Act, "district" means the
1-14 Comal County Groundwater Management District.
1-15 SECTION 3. BOUNDARIES. The boundaries of the district are
1-16 coextensive with that part of Comal County located within the Hill
1-17 Country Priority Groundwater Management Area designated by the
1-18 Texas Natural Resource Conservation Commission by rule effective
1-19 July 16, 1990.
1-20 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-21 property included within the boundaries of the district will be
1-22 benefited by the works and projects that are to be accomplished by
1-23 the district under powers conferred by Section 59, Article XVI,
1-24 Texas Constitution. The district is created to serve a public use
2-1 and benefit.
2-2 SECTION 5. POWERS. The district has all the rights, powers,
2-3 privileges, authority, functions, and duties provided by the
2-4 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 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-11 governed by a board of five directors.
2-12 (b) Temporary directors serve until initial directors are
2-13 elected under Section 8 of this Act.
2-14 (c) Initial directors serve until permanent directors are
2-15 elected under Section 9 of this Act.
2-16 (d) Permanent directors serve staggered four-year terms.
2-17 (e) A member of the board must reside in the district.
2-18 (f) At least one member of the board must reside in each
2-19 county commissioners precinct.
2-20 (g) Each director must qualify to serve as director in the
2-21 manner provided by Section 36.055, Water Code.
2-22 (h) A director serves until the director's successor has
2-23 qualified.
2-24 (i) If there is a vacancy on the board, the commissioners
2-25 court shall appoint a director to serve the remainder of the term.
2-26 SECTION 7. TEMPORARY DIRECTORS. (a) Except as provided by
2-27 this section, temporary directors shall be appointed as provided by
3-1 Section 36.016, Water Code.
3-2 (b) Not later than the 90th day after the effective date of
3-3 this Act, the Comal County Commissioners Court shall appoint five
3-4 temporary directors.
3-5 SECTION 8. CONFIRMATION ELECTION. (a) The temporary board
3-6 of directors shall call and hold an election to confirm
3-7 establishment of the district and to elect five initial directors.
3-8 (b) Section 41.001(a), Election Code, does not apply to a
3-9 confirmation and directors election held as provided by this
3-10 section.
3-11 (c) Except as provided by this section, a confirmation and
3-12 directors election must be conducted as provided by Sections
3-13 36.017(b)-(h), Water Code, and the Election Code.
3-14 (d) The county commissioners court shall pay the expenses of
3-15 conducting the confirmation and directors election, subject to
3-16 reimbursement from available revenues if the establishment of the
3-17 district is confirmed or from funds allocated under Section 36.160,
3-18 Water Code, if the establishment of the district is defeated.
3-19 (e) If the establishment of the district has not been
3-20 confirmed at an election held under this section before the second
3-21 anniversary of the effective date of this Act, this Act expires on
3-22 that date.
3-23 SECTION 9. ELECTION OF DIRECTORS. (a) On the uniform
3-24 election date in May of the first even-numbered year after the year
3-25 in which the district is authorized to be created at a confirmation
3-26 election, an election shall be held in the district to elect two
3-27 directors, each of whom shall serve a two-year term, and three
4-1 directors, each of whom shall serve a four-year term.
4-2 (b) On the uniform election date in May of each subsequent
4-3 second year following the election held under Subsection (a) of
4-4 this section, an election shall be held to elect the appropriate
4-5 number of directors to the board.
4-6 SECTION 10. ADDITIONAL POWERS. (a) The district may
4-7 contract with one or more state agencies or other governmental
4-8 bodies, including a county, river authority, or district, to carry
4-9 out any function of the district.
4-10 (b) The district may construct, implement, and maintain best
4-11 management practices (BMPs) in the district and may engage in and
4-12 promote acceptance of BMPs through education efforts sponsored by
4-13 the district, including the construction and maintenance of
4-14 terraces and other structures on land in the district, and may
4-15 engage in and promote land treatment measures for soil conservation
4-16 and improvement.
4-17 (c) The district may prepare and implement a plan for the
4-18 control and management of brush within the district.
4-19 SECTION 11. PROHIBITED ACTS. (a) The district may not
4-20 sell, donate, lease, or otherwise grant rights in or to underground
4-21 water located in the district.
4-22 (b) The district may not assess an ad valorem property tax
4-23 for administrative, operation, and maintenance expenses that
4-24 exceeds three cents on each $100 valuation of taxable property in
4-25 the district.
4-26 (c) The district may not require the owner of a well drilled
4-27 before the effective date of this Act and used solely for domestic
5-1 and livestock purposes to install a meter or measuring device on
5-2 the well.
5-3 SECTION 12. EXEMPT WELLS. (a) Notwithstanding Section
5-4 36.117, Water Code, and except as provided by Subsection (b) of
5-5 this section, for the purposes of exemption under Section 36.117,
5-6 Water Code:
5-7 (1) the maximum production capacity for an exempt well
5-8 in the district is 10,000 gallons per day; and
5-9 (2) the maximum number of households that may be
5-10 supplied by a domestic well in the district is five.
5-11 (b) A well installed after the effective date of this Act in
5-12 or serving a tract of land of less than five acres, regardless of
5-13 whether a plat is required, does not qualify for an exempt use
5-14 even if the production capacity is less than 10,000 gallons per
5-15 day. This subsection does not affect the exempt status of a public
5-16 water supply well under Section 13 of this Act.
5-17 SECTION 13. PUBLIC WATER SUPPLY WELLS. (a) Except as
5-18 provided by Subsection (b) of this section, a public water supply
5-19 well is exempt from regulation by the district if:
5-20 (1) the well:
5-21 (A) is in existence on the effective date of
5-22 this Act; and
5-23 (B) was drilled in compliance with technical
5-24 requirements in effect at the time of drilling; or
5-25 (2) on the effective date of this Act, the commission
5-26 has approved plans for the installation of the well and the
5-27 installation of the well is completed in accordance with the
6-1 approved plans and the commission's technical requirements not
6-2 later than the first anniversary of the effective date of this Act.
6-3 (b) A public water supply well is subject to the district's
6-4 prohibition of waste of underground water.
6-5 (c) A district construction or operating permit is not
6-6 required for a public water supply well approved by the commission.
6-7 (d) Any fee paid by a retail public utility to the district
6-8 shall be:
6-9 (1) collected directly as a regulatory fee from the
6-10 customers of the utility; and
6-11 (2) shown as a separate line item on the customer's
6-12 bill.
6-13 SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-14 (a) The proper and legal notice of the intention to introduce this
6-15 Act, setting forth the general substance of this Act, has been
6-16 published as provided by law, and the notice and a copy of this Act
6-17 have been furnished to all persons, agencies, officials, or
6-18 entities to which they are required to be furnished by the
6-19 constitution and other laws of this state, including the governor,
6-20 who has submitted the notice and Act to the Texas Natural Resource
6-21 Conservation Commission.
6-22 (b) The Texas Natural Resource Conservation Commission has
6-23 filed its recommendations relating to this Act with the governor,
6-24 lieutenant governor, and speaker of the house of representatives
6-25 within the required time.
6-26 (c) All requirements of the constitution and laws of this
6-27 state and the rules and procedures of the legislature with respect
7-1 to the notice, introduction, and passage of this Act are fulfilled
7-2 and accomplished.
7-3 SECTION 15. EFFECTIVE DATE. This Act takes effect September
7-4 1, 1999.
7-5 SECTION 16. EMERGENCY. The importance of this legislation
7-6 and the crowded condition of the calendars in both houses create an
7-7 emergency and an imperative public necessity that the
7-8 constitutional rule requiring bills to be read on three several
7-9 days in each house be suspended, and this rule is hereby suspended.