By Wentworth S.B. No. 1882
76R8221 JJT-F
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 Bexar-Trinity Glen Rose 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 conservation and reclamation
1-7 district, to be known as the Bexar-Trinity Glen Rose Groundwater
1-8 Conservation District, is created in that part of Bexar County
1-9 overlaying the Trinity Aquifer. The district is a governmental
1-10 agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 (c) The purpose of the district is to develop and implement
1-15 regulatory, conservation, and recharge programs that preserve and
1-16 protect the underground water resources located within the
1-17 district.
1-18 SECTION 2. DEFINITIONS. In this Act:
1-19 (1) "Board" means the board of directors of the
1-20 district.
1-21 (2) "District" means the Bexar-Trinity Glen Rose
1-22 Groundwater Conservation District.
1-23 (3) "Commission" means the Texas Natural Resource
1-24 Conservation Commission.
2-1 SECTION 3. BOUNDARY. (a) The district includes the
2-2 territory contained within that part of Bexar County circumscribed
2-3 by the southern line of the district boundary, as described by
2-4 Subsection (b) of this section, and the boundary of Bexar County
2-5 that lies north of the points where the southern line meets the
2-6 boundary of Bexar County.
2-7 (b) The southern line of the district boundary is described:
2-8 Beginning at the southern line of the Toribio Herrera Survey 68,
2-9 Abstract C-205 where it crosses the Guadalupe County-Bexar County
2-10 line;
2-11 THENCE along the south line of said Survey, across the Guadalupe
2-12 County-Bexar County line, to the northeast corner of the Maria
2-13 Lucia Torres Survey 81, in Bexar County.
2-14 THENCE southeast along the east line of the Maria Lucia Torres
2-15 Survey 81 in Bexar County, to its southeast corner, which is the
2-16 northeast corner of the John C. Neal Survey 82;
2-17 THENCE southwest along the north line of said John C. Neal Survey
2-18 82 to its northwest corner;
2-19 THENCE southeast along its west line which is the east line of the
2-20 Mos. Loyd Survey 311, to the southeast corner of said Mos. Loyd
2-21 Survey 311;
2-22 THENCE southwest along the south line of said Survey to its south
2-23 corner which is in the north line of the S. A. & M. G. RR. Co.
2-24 Survey 44;
2-25 THENCE northwest along said north line to the northwest corner of
2-26 said S. A. & M. G. RR. Co. Survey 44;
2-27 THENCE southwest along the west line of said Survey to its
3-1 southwest corner;
3-2 THENCE southwest across the Josepha Leal Survey 39 to the northeast
3-3 corner of the J. L. Schoonover Survey 321;
3-4 THENCE southwest along the east line of said J. L. Schoonover
3-5 Survey 321 to its southeast corner;
3-6 THENCE west along the south line of said Survey to an interior
3-7 corner of said Survey;
3-8 THENCE continuing in the same line to the east line of the Jos. W.
3-9 Garraty Survey 19;
3-10 THENCE south along said east line of said Survey to the southeast
3-11 corner of said Survey;
3-12 THENCE continuing in the same line to the north line of the Julian
3-13 Diaz Survey 133 1/2;
3-14 THENCE west along the north line of said Julian Diaz Survey 133 1/2
3-15 to the northwest corner of said Survey;
3-16 THENCE south along the west line of said Survey to its southwest
3-17 corner, which is in the north line of the J. M. Urrigas Survey 94;
3-18 THENCE west along the north lines of said J. M. Urrigas Survey 94
3-19 and the Ignacio Perez Survey 93 to the northwest corner of said
3-20 Ignacio Perez Survey 93;
3-21 THENCE south along the west line of said Survey to the southeast
3-22 corner of the T. R. Nichols Survey 146;
3-23 THENCE southwest across the Ascencio Estrada Survey 22 to the
3-24 southwest corner of said Survey;
3-25 THENCE southwest across the Thos. Thatcher Survey 24 to the
3-26 northeast corner of the Manuel Leal Survey 30;
3-27 THENCE west along the north line of said Manuel Leal Survey 30 to
4-1 its northwest corner, which is in the northeast corner of the
4-2 William Harris Survey 52;
4-3 THENCE south along the east line of said William Harris Survey 52
4-4 to its southeast corner, which is the northeast corner of the J. M.
4-5 Moraida Survey 98;
4-6 THENCE west along the north line of said J. M. Moraida Survey 98 to
4-7 its northwest corner;
4-8 THENCE south along the west line of said Survey to its southwest
4-9 corner, which is in the north line of the Domingo Bustillos Survey
4-10 31;
4-11 THENCE west along said north line to the northwest corner of said
4-12 Domingo Bustillos Survey 31;
4-13 THENCE south along the west line of said Survey to its southwest
4-14 corner which is in the north line of the Angel Navarro Survey 5;
4-15 THENCE west along said north line to the northwest corner of said
4-16 Angel Navarro Survey 5;
4-17 THENCE south along the west line of said Survey to its southwest
4-18 corner, which is the southeast corner of the Francisco Recardo
4-19 Survey 6;
4-20 THENCE northwest along the south line of said survey to the north
4-21 corner of the F. A. Ruiz Survey 47;
4-22 THENCE southwest along the northwest line of said F. A. Ruiz Survey
4-23 47 to its west corner;
4-24 THENCE southwest across the Francisco Rolen Survey 48 to the
4-25 northeast corner of the John Christopher Survey;
4-26 THENCE west along the north line of said Survey to its northwest
4-27 corner;
5-1 THENCE south along the west line of said Survey to the southeast
5-2 corner of the Samuel McCulloch, Jr. Survey 54;
5-3 THENCE west along the south lines of said Survey and the J. C.
5-4 Loman Survey 131 to the southwest corner of said J. C. Loman Survey
5-5 131;
5-6 THENCE north along its west line to the southwest corner of the
5-7 Alexas Bustillos Survey 56;
5-8 THENCE west along the south line of said Alexas Bustillos Survey 56
5-9 to its southwest corner, which is in the east line of the Iginio
5-10 Tejida Survey 186;
5-11 THENCE south along said east line to the southeast corner of said
5-12 Iginio Tejida Survey 186;
5-13 THENCE west along the south lines of said Survey, the Herman Sparks
5-14 Survey 181, and the Alex Bailey Survey 184 to an interior corner of
5-15 said Alex Bailey Survey 184;
5-16 THENCE south along an east line of said Survey to its most
5-17 southerly southeast corner which is the northeast corner of the
5-18 Robt. C. Rogers Survey, Abstract 721;
5-19 THENCE west along the north line of said Robt. C. Rogers Survey, to
5-20 the Bexar County-Atascosa County line, which point is the end of
5-21 the southern line.
5-22 (c) The district may add territory inside the boundaries of
5-23 the Edwards Aquifer Authority with the consent of the board of
5-24 directors of the authority in the manner provided by Subchapter J,
5-25 Chapter 36, Water Code.
5-26 SECTION 4. FINDING OF BENEFIT. All of the land and other
5-27 property included within the boundaries of the district will be
6-1 benefited by the works and projects that are to be accomplished by
6-2 the district under powers conferred by Section 59, Article XVI,
6-3 Texas Constitution. The district is created to serve a public use
6-4 and benefit.
6-5 SECTION 5. POWERS. (a) The district has all of the rights,
6-6 powers, privileges, authority, functions, and duties provided by
6-7 the general law of this state, including Chapter 36, Water Code,
6-8 applicable to groundwater conservation districts created under
6-9 Section 59, Article XVI, Texas Constitution.
6-10 (b) This Act prevails over any provision of general law that
6-11 is in conflict or inconsistent with this Act.
6-12 (c) The disqualification of directors of the district is
6-13 governed by Section 49.052, Water Code.
6-14 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
6-15 district shall be elected according to the method provided by this
6-16 Act.
6-17 (b) One director shall be elected by the qualified voters
6-18 from each of four single-member voting districts established by the
6-19 board, and one director shall be elected from the district at
6-20 large.
6-21 (c) A person shall indicate on the application for a place
6-22 on the ballot the voting district that the person seeks to
6-23 represent or that the person seeks to represent the district at
6-24 large.
6-25 SECTION 7. BOARD OF DIRECTORS. (a) The district is
6-26 governed by a board of five directors.
6-27 (b) A vacancy in the office of director shall be filled by
7-1 appointment of the board until the next election for directors. At
7-2 the next election for directors, a person shall be elected to fill
7-3 the position. If the position is not scheduled to be filled at the
7-4 election, the person elected to fill the position shall serve only
7-5 for the remainder of the unexpired term.
7-6 (c) To be eligible to serve as director, a person must be a
7-7 registered voter in the voting district from which the person is
7-8 elected or appointed if representing a voting district or in the
7-9 district if representing the district at large.
7-10 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
7-11 directors is composed of the following five named individuals who
7-12 shall represent the district at large or, nominally, the indicated
7-13 voting district, until the voting districts are established by the
7-14 board for the confirmation and initial directors' election:
7-15 (1) _______________--Voting District No. 1
7-16 (2) _______________--Voting District No. 2
7-17 (3) _______________--Voting District No. 3
7-18 (4) _______________--Voting District No. 4
7-19 (5) _______________--at large
7-20 (b) If a temporary director fails to qualify for office, the
7-21 temporary directors who have qualified shall appoint a person to
7-22 fill the vacancy. If at any time there are fewer than three
7-23 qualified temporary directors, the commission shall appoint the
7-24 necessary number of persons to fill all vacancies on the board.
7-25 SECTION 9. CONFIRMATION ELECTION. (a) The temporary board
7-26 of directors shall call and hold an election to confirm
7-27 establishment of the district.
8-1 (b) Section 41.001(a), Election Code, does not apply to a
8-2 confirmation election held as provided by this section.
8-3 (c) If a majority of the votes cast at the election favor
8-4 the creation of the district, the temporary directors shall declare
8-5 the district created. If a majority of the votes cast at the
8-6 election oppose the creation of the district, the temporary
8-7 directors shall declare the district defeated. The temporary
8-8 directors shall file a copy of the election results with the
8-9 commission.
8-10 (d) If a majority of the votes cast at the election oppose
8-11 the creation of the district, the temporary directors may call and
8-12 hold subsequent elections to confirm establishment of the district.
8-13 A subsequent election may not be held earlier than the first
8-14 anniversary after the date on which the previous election was held.
8-15 If the district is not created within three years after the
8-16 effective date of this Act, this Act expires.
8-17 (e) Except as provided by this section, a confirmation
8-18 election must be conducted as provided by Sections 36.017(b)-(h),
8-19 Water Code, and the Election Code.
8-20 SECTION 10. INITIAL DIRECTORS. (a) If creation of the
8-21 district is confirmed under Section 9 of this Act, the temporary
8-22 directors shall become the initial directors of the district and
8-23 serve on the board of directors as provided by this section.
8-24 (b) The temporary directors for Voting Districts Nos. 2 and
8-25 3 shall serve as initial directors until the first regular meeting
8-26 of the board of directors following the first permanent directors'
8-27 election under Section 12 of this Act. The temporary directors for
9-1 Voting Districts Nos. 1 and 4 and the temporary director
9-2 representing the district at large shall serve as initial directors
9-3 until the first regular meeting of the board of directors following
9-4 the second permanent directors' election under Section 12 of this
9-5 Act.
9-6 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors
9-7 serve until the temporary directors become initial directors under
9-8 Section 10 of this Act or until this Act expires under Section 9(d)
9-9 of this Act, whichever occurs earlier.
9-10 (b) Initial directors serve until permanent directors are
9-11 elected under Section 12 of this Act.
9-12 (c) Permanent directors serve staggered four-year terms.
9-13 (d) A director serves until the director's successor has
9-14 qualified.
9-15 (e) Each director must qualify to serve as director in the
9-16 manner provided by Section 36.055, Water Code.
9-17 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in
9-18 the second year after the year in which the district is authorized
9-19 to be created at a confirmation election, an election shall be held
9-20 in the district on the first Saturday in May every two years to
9-21 elect the appropriate number of directors to the board.
9-22 SECTION 13. DISTRICT FINANCES. (a) Except as provided by
9-23 Subsection (i) of this section, the board of directors may impose
9-24 an operation and maintenance tax if approved by a majority of the
9-25 qualified voters voting at an election called and held for that
9-26 purpose in the manner provided by Section 36.201, Water Code.
9-27 (b) Except as provided by Subsection (i) of this section,
10-1 the board of directors may impose reasonable fees on each nonexempt
10-2 well in the district. The fees may be assessed annually, based on:
10-3 (1) the size of column pipe used in the well;
10-4 (2) the production capacity of the well; or
10-5 (3) actual, authorized, or anticipated pumpage.
10-6 (c) The board may use fees as a regulatory mechanism or a
10-7 revenue-producing mechanism.
10-8 (d) The board shall adopt rules regarding the fee rates, the
10-9 manner and form for filing reports of fees, and the manner of
10-10 collecting fees.
10-11 (e) To secure payment of a fee imposed under this section, a
10-12 lien attaches to the property on which the well is located. The
10-13 lien has the same priority and characteristics as a lien for
10-14 district taxes. The district may use the lien and all other powers
10-15 that it possesses to collect the payment of the fee.
10-16 (f) The district may use fees collected under this section
10-17 to pay for the district's management and operation and to pay all
10-18 or part of the principal and interest on district bonds or notes.
10-19 (g) The board shall use fees collected under this section to
10-20 pay for:
10-21 (1) studies and planning required to develop a
10-22 scientifically based regulatory program;
10-23 (2) soil and water conservation measures, including
10-24 water-retarding structures and brush management and the
10-25 implementation of other best management practices to address
10-26 natural resource concerns in the district;
10-27 (3) direct installation of water conservation devices
11-1 and early retirement of older devices;
11-2 (4) educational material relating to soil and water
11-3 conservation; and
11-4 (5) enforcement programs or regulatory programs.
11-5 (h) The district may spend fees for the purposes described
11-6 by Subsection (g)(2) of this section independently or in
11-7 conjunction with other natural resource programs in the district.
11-8 (i) If the district imposes a tax under this section, the
11-9 district may not impose a fee. If the district imposes a fee under
11-10 this section, the district may not impose a tax.
11-11 SECTION 14. ADDITIONAL REGULATORY AUTHORITY. (a) The board
11-12 of directors may require all or certain types of wells to be
11-13 registered with the district.
11-14 (b) Notwithstanding Section 36.117, Water Code:
11-15 (1) the production capacity for an exempt well in the
11-16 district is 10,000 gallons per day or less; and
11-17 (2) an exempt domestic well in the district may not
11-18 serve more than five households.
11-19 (c) A well on or serving a tract of land of less than five
11-20 acres that is installed after the effective date of this Act,
11-21 regardless of whether a plat is required or whether the production
11-22 capacity of the well is less than 10,000 gallons per day, is not an
11-23 exempt well.
11-24 (d) This section does not affect the exempt status of public
11-25 water supply wells under Section 16 of this Act.
11-26 (e) The district may:
11-27 (1) construct, implement, and maintain best management
12-1 practices in the district;
12-2 (2) engage in and promote the acceptance of best
12-3 management practices through education efforts sponsored by the
12-4 district;
12-5 (3) include the construction and maintenance of
12-6 terraces and other structures on land in the district;
12-7 (4) engage in and promote land treatment measures for
12-8 soil conservation and improvement; and
12-9 (5) prepare and implement a plan for the control and
12-10 management of brush within the district.
12-11 (f) The district may grant an exemption or other relief from
12-12 ad valorem taxes on property on which a water conservation
12-13 initiative has been implemented. The district shall adopt rules to
12-14 implement this subsection. A retail public utility shall receive
12-15 the same exemption or relief from ad valorem taxes on property as
12-16 any other customer of the district would receive.
12-17 SECTION 15. PROHIBITED ACTS. The district may not:
12-18 (1) sell, donate, lease, or otherwise grant rights in
12-19 or to underground water located in the district;
12-20 (2) enter into any contract or engage in any action to
12-21 purchase, sell, transport, and distribute surface water or
12-22 groundwater for any purpose other than a program for aquifer
12-23 storage and recovery of water; or
12-24 (3) assess an ad valorem property tax for
12-25 administrative, operation, and maintenance expenses in excess of
12-26 three cents for each $100 valuation.
12-27 SECTION 16. PUBLIC WATER SUPPLY WELLS. (a) A public water
13-1 supply well is exempt from regulation by the district and from
13-2 payment of fees to the district if:
13-3 (1) the well is in existence on the effective date of
13-4 this Act and drilled in compliance with technical requirements in
13-5 effect at the time the well was drilled; or
13-6 (2) the commission has approved plans submitted for
13-7 the installation of the well before the effective date of this Act
13-8 and the installation of the well is completed in accordance with
13-9 the approved plans and the commission's technical requirements
13-10 before the first anniversary of the effective date of this Act.
13-11 (b) The owner of a public water supply well shall register
13-12 the well with the district and submit reports to the district. A
13-13 public water supply well is subject to the district's prohibitions
13-14 on the waste of groundwater.
13-15 (c) The district may not require a construction or operating
13-16 permit for a public water supply well approved by the commission.
13-17 (d) Fees a retail public utility pays to the district shall
13-18 be collected directly from the customers of the utility as a
13-19 regulatory fee and shown as a separate line item on the customer's
13-20 bill.
13-21 SECTION 17. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
13-22 (a) The proper and legal notice of the intention to introduce this
13-23 Act, setting forth the general substance of this Act, has been
13-24 published as provided by law, and the notice and a copy of this Act
13-25 have been furnished to all persons, agencies, officials, or
13-26 entities to which they are required to be furnished by the
13-27 constitution and other laws of this state, including the governor,
14-1 who has submitted the notice and Act to the commission.
14-2 (b) The commission has filed its recommendations relating to
14-3 this Act with the governor, lieutenant governor, and speaker of the
14-4 house of representatives within the required time.
14-5 (c) All requirements of the constitution and laws of this
14-6 state and the rules and procedures of the legislature with respect
14-7 to the notice, introduction, and passage of this Act are fulfilled
14-8 and accomplished.
14-9 SECTION 18. EMERGENCY. The importance of this legislation
14-10 and the crowded condition of the calendars in both houses create an
14-11 emergency and an imperative public necessity that the
14-12 constitutional rule requiring bills to be read on three several
14-13 days in each house be suspended, and this rule is hereby suspended,
14-14 and that this Act take effect and be in force from and after its
14-15 passage, and it is so enacted.