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.