AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 operation, and financing of certain groundwater conservation
1-3 districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION. (a) The following groundwater
1-6 conservation districts are created:
1-7 (1) Cow Creek Groundwater Conservation District;
1-8 (2) Brazos Valley Groundwater Conservation District;
1-9 (3) Crossroads Groundwater Conservation District;
1-10 (4) Hays Trinity Groundwater Conservation District;
1-11 (5) Lone Wolf Groundwater Conservation District;
1-12 (6) Lost Pines Groundwater Conservation District;
1-13 (7) McMullen Groundwater Conservation District;
1-14 (8) Middle Pecos Groundwater Conservation District;
1-15 (9) Red Sands Groundwater Conservation District;
1-16 (10) Refugio Groundwater Conservation District;
1-17 (11) Southeast Trinity Groundwater Conservation
1-18 District;
1-19 (12) Texana Groundwater Conservation District; and
1-20 (13) Tri-County Groundwater Conservation District.
1-21 (b) A district created under this section is a governmental
1-22 agency and a body politic and corporate.
1-23 (c) Each district created under this section is created
1-24 under and is essential to accomplish the purposes of Section 59,
2-1 Article XVI, Texas Constitution.
2-2 SECTION 2. BOUNDARIES. (a) The boundaries of the following
2-3 groundwater conservation districts are coextensive with county
2-4 boundaries as follows:
2-5 (1) the boundaries of the Cow Creek Groundwater
2-6 Conservation District are coextensive with the boundaries of
2-7 Kendall County;
2-8 (2) the boundaries of the Brazos Valley Groundwater
2-9 Conservation District are coextensive with the boundaries of
2-10 Robertson and Brazos Counties;
2-11 (3) the boundaries of the Crossroads Groundwater
2-12 Conservation District are coextensive with the boundaries of
2-13 Victoria County;
2-14 (4) the boundaries of the Lone Wolf Groundwater
2-15 Conservation District are coextensive with the boundaries of
2-16 Mitchell County;
2-17 (5) the boundaries of the Lost Pines Groundwater
2-18 Conservation District are coextensive with the boundaries of
2-19 Bastrop and Lee Counties, but if the voters of only one county
2-20 confirm the creation of the district under Section 10 of this Act,
2-21 the boundaries of the district are coextensive with the boundaries
2-22 of that county;
2-23 (6) the boundaries of the McMullen Groundwater
2-24 Conservation District are coextensive with the boundaries of
2-25 McMullen County;
2-26 (7) the boundaries of the Middle Pecos Groundwater
3-1 Conservation District are coextensive with the boundaries of Pecos
3-2 County;
3-3 (8) the boundaries of the Refugio Groundwater
3-4 Conservation District are coextensive with the boundaries of
3-5 Refugio County;
3-6 (9) the boundaries of the Texana Groundwater
3-7 Conservation District are coextensive with the boundaries of
3-8 Jackson County; and
3-9 (10) the boundaries of the Tri-County Groundwater
3-10 Conservation District are coextensive with the boundaries of Foard,
3-11 Hardeman, and Wilbarger Counties.
3-12 (b) The boundaries of the Hays Trinity Groundwater
3-13 Conservation District are coextensive with the boundaries of Hays
3-14 County, excluding the part of the county within the boundaries of
3-15 the Barton Springs-Edwards Aquifer Conservation District or the
3-16 Edwards Aquifer Authority.
3-17 (c) The Red Sands Groundwater Conservation District includes
3-18 all of the territory contained in the following described area:
3-19 A 19,232 acre tract more or less out of San Salvador Del Tule Grant
3-20 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map
3-21 records and out of the Santa Anita Grant as recorded in Volume 7,
3-22 Page 38 of the Hidalgo County, Texas map records.
3-23 Commencing at the Southeast Corner of this here in described
3-24 boundary tract, said point being the intersection of the centerline
3-25 of U.S. Highway 281 and the centerline of Farm to Market Road
3-26 number 490 (F.M. 490) (West Hargill Road) as shown in the map of
4-1 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of
4-2 the Hidalgo County map records. Said point is also the point of
4-3 beginning.
4-4 Thence, Westerly along the center line of the F.M. 490, an
4-5 approximate distance of 18,400 feet to a point on the West line of
4-6 San Salvador Del Tule Grant, said point also being the intersection
4-7 of the centerline of F.M. 490 and the West line of the San Salvador
4-8 Del Tule Grant,
4-9 Thence, Northerly along the West line of the San Salvador Del Tule
4-10 Grant and the East line of the Santa Anita Grant at an approximate
4-11 distance of 21,300 feet to a point, said point being an inside
4-12 corner of this herein described tract, and also being the Southeast
4-13 corner of Redland Vineyards Subdivision as recorded in Volume 4,
4-14 Page 51 of the Hidalgo County map records,
4-15 Thence, Westerly along the South line of the Redland Vineyards
4-16 Subdivision, an approximate distance of 4,238 feet to a point, said
4-17 point being an outside corner of this herein described tract, said
4-18 point also being the Southwest corner of the Redland Vineyard
4-19 Subdivision,
4-20 Thence, Northerly with the West line of Redland Vineyards
4-21 Subdivision, at approximately 4,590.50 feet past a point, said
4-22 point being the Northwest corner of Redland Vineyard Subdivision,
4-23 and the Southwest corner of Delbridge Subdivision as recorded in
4-24 Volume 5, Page 11, Hidalgo County map records, and continuing
4-25 Northerly along the West line of Delbridge Subdivision for an
4-26 approximate total distance of 6,646 feet to a point, said point
5-1 being an inside corner of this herein described tract, and also
5-2 being the Northwest corner of Delbridge Subdivision,
5-3 Thence, Westerly along the South line of a 196.37 acres tract,
5-4 known as the A.B. De Kock Tract, an approximate distance of 3,500
5-5 feet past the Southeast corner of share 4, out of the 8,374.70 acre
5-6 tract partition out of the Santa Anita Grant as recorded in Volume
5-7 7, Page 38, in the Hidalgo County map records and continuing
5-8 Westerly for an approximate total distance of 6,500 feet to a
5-9 point, said point being an outside corner of this herein described
5-10 tract and also being the Southwest corner of share 4,
5-11 Thence, Northerly along the West line of share 4, an approximate
5-12 total distance of 19,143 feet to a point, said point being the
5-13 Northwest corner of this herein described tracts and, the
5-14 intersection of the West line of share 4 and the centerline of Farm
5-15 to Market Road number 1017, (F.M. 1017)
5-16 Thence, in a Southeasterly direction, with the Right-of-Way
5-17 centerline of Farm to Market Road number 1017 (F.M. 1017) an
5-18 approximate total distance of 27,800 feet to a point, said point
5-19 being the Northeast corner of this herein described tract, and also
5-20 being the intersection of the centerline of F.M. 1017 Right-of-Way
5-21 and the center line of the U.S. Highway 281 Right-Of-Way,
5-22 Thence, in a Southerly direction, with the centerline of U.S.
5-23 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet
5-24 past Floral Road, and at approximate 21,700 feet past Red Gate Road
5-25 and at approximate 29,700 feet past Laguna Seca Road and for an
5-26 approximate total distance of 39,300 feet to the point of beginning
6-1 of this here in described tract, said tract contains 19,232 Acres,
6-2 More or Less.
6-3 (d) The boundaries of the Southeast Trinity Groundwater
6-4 Conservation District are coextensive with that part of Comal
6-5 County located within the Hill Country Priority Groundwater
6-6 Management Area designated by the Texas Natural Resource
6-7 Conservation Commission by rule effective July 16, 1990.
6-8 SECTION 3. DEFINITION. In this Act, "district" means a
6-9 groundwater conservation district created under Section 1 of this
6-10 Act.
6-11 SECTION 4. FINDING OF BENEFIT. All of the land and other
6-12 property included within the boundaries of a district will be
6-13 benefited by the works and projects that are to be accomplished by
6-14 the district under powers conferred by Section 59, Article XVI,
6-15 Texas Constitution. The district is created to serve a public use
6-16 and benefit.
6-17 SECTION 5. AUTHORITY OF TEMPORARY DIRECTORS. (a) Except as
6-18 provided by Subsections (c) and (d) of this section or otherwise by
6-19 this Act, the temporary directors of a district have the same
6-20 permitting and general management powers as those granted to
6-21 initial and permanent directors under Chapter 36, Water Code.
6-22 (b) The temporary directors or their designees have the
6-23 authority to enter any public or private property located within
6-24 the district to inspect a water well as provided by Section 49.221,
6-25 Water Code.
6-26 (c) The temporary directors do not have the authority
7-1 granted by the following provisions of Chapter 36, Water Code:
7-2 (1) Sections 36.017, 36.019, 36.020, and 36.059,
7-3 relating to elections;
7-4 (2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
7-5 36.108, relating to eminent domain and management plans;
7-6 (3) Sections 36.171-36.181, relating to bonds and
7-7 notes;
7-8 (4) Sections 36.201-36.204, relating to taxes; and
7-9 (5) Sections 36.321-36.359, relating to annexation and
7-10 consolidation.
7-11 (d) The temporary directors may regulate the transfer of
7-12 groundwater out of the district as provided by Section 36.122,
7-13 Water Code, but may not prohibit the transfer of groundwater out of
7-14 the district.
7-15 SECTION 6. MORATORIUM ON ADOPTION OF LONG-TERM MANAGEMENT
7-16 PLANS. To ensure consistency of district long-term management
7-17 plans with the regional planning process authorized by Senate Bill
7-18 No. 1 (Chapter 1010), Acts of the 75th Legislature, Regular
7-19 Session, 1997, a district may not adopt the comprehensive
7-20 management plan required by Section 36.1071, Water Code, before
7-21 September 1, 2001.
7-22 SECTION 7. INITIAL BOARD OF DIRECTORS. The initial
7-23 directors may not be elected until after September 1, 2001.
7-24 SECTION 8. TEMPORARY DIRECTORS. (a) Except as provided by
7-25 Subsections (b) and (c) of this section, the commissioners court of
7-26 a county containing territory included within the district shall
8-1 appoint temporary directors in accordance with the provisions of
8-2 Section 36.016, Water Code, relating to the appointment of
8-3 temporary directors by county commissioners courts.
8-4 (b) For districts composed of more than one county, the
8-5 county commissioners court of each county with territory in the
8-6 district shall appoint an equal number of temporary directors, the
8-7 total number of temporary directors appointed to be determined by
8-8 the county commissioners courts except that the total number of
8-9 directors may not be fewer than five or more than 11.
8-10 (c) The 90-day limit for the appointment of temporary
8-11 directors under Section 36.016, Water Code, does not apply to the
8-12 appointment of temporary directors under this Act.
8-13 SECTION 9. ORGANIZATIONAL MEETING. (a) As soon as
8-14 practicable after the temporary directors are appointed as provided
8-15 by this Act, the temporary directors shall hold the organizational
8-16 meeting of the district and take office at that time.
8-17 (b) The temporary directors shall hold the meeting at a
8-18 location within the district to which a majority of the temporary
8-19 directors agree.
8-20 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
8-21 (a) Not earlier than September 1, 2001, the temporary board of
8-22 directors shall call and hold an election to confirm the district
8-23 and to elect the initial directors.
8-24 (b) At the confirmation and initial directors' election, the
8-25 temporary board of directors shall have placed on the ballot the
8-26 names of the candidates for each of the positions on the board. To
9-1 qualify as a candidate for a position, a person must be a resident
9-2 of the district.
9-3 (c) If the district is confirmed at the election, the
9-4 temporary board of directors, at the time the vote is canvassed,
9-5 shall:
9-6 (1) declare the qualified person who receives the most
9-7 votes for each position to be elected as the initial director for
9-8 that position; and
9-9 (2) include the results of the initial directors'
9-10 election in the district's election report to the Texas Natural
9-11 Resource Conservation Commission.
9-12 (d) The initial directors shall draw lots to determine their
9-13 terms so that:
9-14 (1) one-half or a simple majority of the directors
9-15 serve four-year terms that expire on the fourth anniversary of the
9-16 date the initial directors were elected; and
9-17 (2) the remaining directors serve two-year terms that
9-18 expire on the second anniversary of the date the initial directors
9-19 were elected.
9-20 (e) Subsection (a), Section 41.001, Election Code, applies
9-21 to a confirmation and initial directors' election held as provided
9-22 by this section.
9-23 (f) Except as provided by this section, a confirmation and
9-24 initial directors' election must be conducted as provided by
9-25 Subsections (b)-(h), Section 36.017, Water Code, and the Election
9-26 Code.
10-1 (g) If the establishment of the district has not been
10-2 confirmed at an election held under this section before the fourth
10-3 anniversary of the effective date of this Act, the district is
10-4 dissolved on that date, except that any debts incurred shall be
10-5 paid and the organization of the district shall be maintained until
10-6 all debts are paid.
10-7 SECTION 11. ELECTION OF PERMANENT DIRECTORS. Beginning in
10-8 the second year after the year in which the district has held a
10-9 confirmation election, an election shall be held in the district on
10-10 the first Saturday in the month in which the initial directors were
10-11 elected under Section 10 of this Act and every two years after that
10-12 date to elect the appropriate number of directors to the board.
10-13 SECTION 12. ELECTIONS. Prior to September 1, 2001, the
10-14 temporary directors of a district shall not hold an election for
10-15 the imposition of a tax.
10-16 SECTION 13. MODIFICATION OF DISTRICT. A district created
10-17 under this Act may be modified by subsequent acts of the Texas
10-18 Legislature. The modification may be in response to the
10-19 recommendations of an interim study or committee, including the
10-20 possibility of adding additional area to the district or merging
10-21 the district with other districts for the purposes of the efficient
10-22 and effective management of a common groundwater resource.
10-23 SECTION 14. STATUTORY INTERPRETATION. Except as otherwise
10-24 provided by this Act, if there is a conflict between this Act and
10-25 Chapter 36, Water Code, this Act controls.
10-26 SECTION 15. RATIFICATION OF DISTRICT CREATION.
11-1 (a) Notwithstanding the provisions of Section 10 of this Act, an
11-2 election for the confirmation of the creation of a groundwater
11-3 conservation district under this Act and for the selection of
11-4 initial directors for such district shall not be held unless action
11-5 is taken by the 77th Legislature in its Regular Session to ratify
11-6 the creation of the district.
11-7 (b) Except as provided by Subsection (c) of this section, a
11-8 groundwater conservation district created by this Act whose
11-9 creation is not ratified by the 77th Legislature as provided by
11-10 Subsection (a) of this section is dissolved effective September 1,
11-11 2001.
11-12 (c) If a groundwater conservation district is dissolved
11-13 under this section, the district has no further authority, except
11-14 that any debts incurred shall be paid and the organization of the
11-15 district shall be maintained until all debts are paid.
11-16 SECTION 16. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
11-17 (a) The proper and legal notice of the intention to introduce this
11-18 Act, setting forth the general substance of this Act, has been
11-19 published as provided by law, and the notice and a copy of this Act
11-20 have been furnished to all persons, agencies, officials, or
11-21 entities to which they are required to be furnished by the
11-22 constitution and other laws of this state, including the governor,
11-23 who has submitted the notice and Act to the Texas Natural Resource
11-24 Conservation Commission.
11-25 (b) The Texas Natural Resource Conservation Commission has
11-26 filed its recommendations relating to this Act with the governor,
12-1 lieutenant governor, and speaker of the house of representatives
12-2 within the required time.
12-3 (c) All requirements of the constitution and laws of this
12-4 state and the rules and procedures of the legislature with respect
12-5 to the notice, introduction, and passage of this Act are fulfilled
12-6 and accomplished.
12-7 (d) The procedural requirements of this section relating to
12-8 the provision of notice have been met by the provision of notice of
12-9 the introduction of the proposed Acts of the 76th Legislature
12-10 relating to the creation of the groundwater conservation districts
12-11 now created by this Act.
12-12 SECTION 17. EFFECTIVE DATE. This Act takes effect September
12-13 1, 1999.
12-14 SECTION 18. EMERGENCY. The importance of this legislation
12-15 and the crowded condition of the calendars in both houses create an
12-16 emergency and an imperative public necessity that the
12-17 constitutional rule requiring bills to be read on three several
12-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1911 passed the Senate on
May 17, 1999, by a viva-voce vote; and that the Senate concurred in
House amendments on May 28, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1911 passed the House, with
amendments, on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor