By Armbrister S.B. No. 1874 76R12724 T 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 Hays County Trinity Groundwater 1-4 Conservation District. 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 Hays County Trinity Groundwater 1-8 Conservation District, is created in a portion of Hays County, 1-9 subject to approval at a confirmation election under Section 8 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 Hays County Trinity Groundwater Conservation District. 1-17 SECTION 3. BOUNDARIES. The boundaries of the district are 1-18 coextensive with the boundaries of Hays County, Texas, save and 1-19 exempt any areas in Hays County which are currently within another 1-20 groundwater conservation district with the authority to require a 1-21 permit for the drilling or alteration of wells for the withdrawal 1-22 of groundwater. Within thirty (30) days of its initial meeting and 1-23 prior to holding any confirmation election, the district shall 1-24 cause a description of its boundaries to be prepared and filed with 2-1 the Hays County Clerk and the Texas Natural Resource Conservation 2-2 Commission. 2-3 SECTION 4. FINDING OF BENEFIT. All of the land and other 2-4 property included within the boundaries of the district will be 2-5 benefited by the works and projects that are to be accomplished by 2-6 the district under powers conferred by Section 59, Article XVI, 2-7 Texas Constitution. The district is created to serve a public use 2-8 and benefit. 2-9 SECTION 5. POWERS. (a) Except as provided by this act, the 2-10 district has all the rights, powers, privileges, authority, 2-11 functions, and duties provided by the general law of this state, 2-12 including Chapter 36, Water Code, applicable to groundwater 2-13 conservation districts created under Section 59, Article XVI, Texas 2-14 Constitution. Chapter 49, Water Code, does not apply to the 2-15 district. This Act prevails over any provision of general law that 2-16 is in conflict or inconsistent with this Act. 2-17 (b) The rights, powers, privileges, authority, functions, 2-18 and duties of the district are subject to the continuing right of 2-19 supervision of the state to be exercised by and through the Texas 2-20 Natural Resource Conservation Commission. 2-21 (c) The district has the power to limit the transfer of 2-22 groundwater out of the district, including the power to prohibit 2-23 the transfer. 2-24 (d) The following wells may not be metered by the district 2-25 (1) A well not capable of producing more than 20,000 2-26 gallons per day. 2-27 (2) A well used to satisfy the domestic needs of a 3-1 private residential household. 3-2 (3) A well used only for noncommercial livestock and 3-3 poultry operations, in connection with farming, ranching or dairy 3-4 enterprise. 3-5 (e) The following wells are not required to have a permit 3-6 from the district: 3-7 (1) A well not capable of producing more than 20,000 3-8 gallons per day. 3-9 (2) A well used to satisfy the domestic needs of a 3-10 private residential household. 3-11 (3) A well used only for noncommercial livestock and 3-12 poultry operations, in connection with farming, ranching or dairy 3-13 enterprise. 3-14 (f) The Hays County Commissioners' Court, by resolution, may 3-15 require an election to be conducted within six (6) months to affirm 3-16 or reverse a decision of the Board of Directors of the district. 3-17 SECTION 6. FISCAL RESPONSIBILITIES. (a) The district shall 3-18 each year cause a budget to be prepared showing the proposed 3-19 expenditures and disbursements and the estimated receipts and 3-20 collections for the following fiscal year and shall hold a public 3-21 hearing on the proposed budget after publication of a notice of 3-22 hearing in a newspaper of general circulation in the county at 3-23 least once not less than ten (10) days prior to the date set for 3-24 the hearing. Any person who is a taxpayer of the district shall 3-25 have the right to appear at the time and place designated in the 3-26 notice and be heard with reference to any item shown in the 3-27 proposed budget. The proposed budget shall also show the amount of 4-1 taxes required to be levied and collected during such fiscal year. 4-2 (b) At the written request of the Hays County Commissioners' 4-3 Court, the county auditor shall audit the performance of the 4-4 district. The court may request a general audit of the performance 4-5 of the district or may request an audit of only one or more 4-6 particular duties, practices, functions, or other district matters. 4-7 SECTION 7. BOARD OF DIRECTORS. (a) A board of five elected 4-8 directors governs the district. 4-9 (b) A member of the board must reside in the district, or 4-10 own real property in the district. 4-11 (c) Each director must qualify to serve as director in the 4-12 manner provided by Section 36.055, Water Code. 4-13 (d) Directors other than initial directors serve staggered 4-14 two-year terms. 4-15 (e) A director serves until the director's successor has 4-16 qualified. 4-17 (f) If there is a vacancy on the board, the commissioners' 4-18 court shall appoint a director to serve the remainder of the term. 4-19 (g) The board shall appoint a director to succeed a director 4-20 on or before the date the director's term expires. 4-21 (h) A director may not receive a salary or other 4-22 compensation for service as a director but may be reimbursed for 4-23 actual expenses of attending meetings at the rate in effect for 4-24 employees of Hays County. 4-25 SECTION 8. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not 4-26 later than the 31st day after the effective date of this Act, the 4-27 Hays County Commissioners Court shall appoint initial board 5-1 consisting of five (5) members. 5-2 SECTION 9. CONFIRMATION ELECTION. (a) The initial board of 5-3 directors shall call and hold an election to confirm establishment 5-4 of the district no later than June 1st, 2000. 5-5 (b) Section 41.001(a), Election Code, does not apply to a 5-6 confirmation election held as provided by this section. 5-7 (c) Except as provided by this section, a confirmation 5-8 election must be conducted as provided by Sections 36.017(b)-(h), 5-9 Water Code, and the Election Code. 5-10 (d) If the establishment of the district has not been 5-11 confirmed at an election held under this section before the second 5-12 anniversary of the effective date of this Act, this Act expires on 5-13 that date. 5-14 SECTION 10. TAXING AUTHORITY. (a) The district may not 5-15 levy or collect an ad valorem tax at a rate that exceeds one (1) 5-16 cent on the $100 valuation of taxable property in the district. 5-17 (b) Permit fees authorized under this act shall not exceed 5-18 the Hays County's Onsite Sewage Facility Fees (OSSF), adopted by 5-19 the County Commissioners' Court. 5-20 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 5-21 (a) The proper and legal notice of the intention to introduce this 5-22 Act, setting forth the general substance of this Act, has been 5-23 published as provided by law, and the notice and a copy of this Act 5-24 have been furnished to all persons, agencies, officials, or 5-25 entities to which they are required to be furnished by the 5-26 constitution and other laws of this state, including the governor, 5-27 who has submitted the notice and Act to the Texas Natural Resource 6-1 Conservation Commission. 6-2 (b) The Texas Natural Resource Conservation Commission has 6-3 filed its recommendations relating to this Act with the governor, 6-4 lieutenant governor, and speaker of the House of Representatives 6-5 within the required time. 6-6 (c) All requirements of the constitution and laws of this 6-7 state and the rules and procedures of the legislature with respect 6-8 to the notice, introduction, and passage of this Act are fulfilled 6-9 and accomplished. 6-10 SECTION 12. REPEALER. Chapter 453, Acts of the 73rd 6-11 Legislature, Regular Session, 1993, is repealed. 6-12 SECTION 13. EFFECTIVE DATES. (a) Except as provided by 6-13 Subsection (b), this Act takes effect September 1, 1999. 6-14 (b) Section 12 of this Act takes effect on the date the 6-15 results of an election confirming the establishment of the district 6-16 are canvassed. 6-17 SECTION 14. EMERGENCY. The importance of this legislation 6-18 and the crowded condition of the calendars in both houses create an 6-19 emergency and an imperative public necessity that the 6-20 constitutional rule requiring bills to be read on three several 6-21 days in each house be suspended, and this rule is hereby suspended.