By: Brown, Armbrister S.B. No. 1911
99S1618/1
A BILL TO BE ENTITLED
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) Bergesland Groundwater Conservation District;
1-8 (2) Blanco-Pedernales Groundwater Conservation
1-9 District;
1-10 (3) Brazos Valley Groundwater Conservation District;
1-11 (4) Brewster Groundwater Conservation District;
1-12 (5) Coastal Bend Groundwater Conservation District;
1-13 (6) Coastal Plains Groundwater Conservation District;
1-14 (7) Crossroads Groundwater Conservation District;
1-15 (8) Hays Trinity Groundwater Conservation District;
1-16 (9) Lavaca Groundwater Conservation District;
1-17 (10) Lone Wolf Groundwater Conservation District;
1-18 (11) Long Leaf Groundwater District;
1-19 (12) Lost Pines Groundwater Conservation District;
1-20 (13) McMullen Groundwater Conservation District;
1-21 (14) Middle Pecos Groundwater Conservation District;
1-22 (15) Presidio Groundwater Conservation District;
1-23 (16) Red Sands Groundwater Conservation District;
1-24 (17) Refugio Groundwater Conservation District;
2-1 (18) Southeast Trinity Groundwater Conservation
2-2 District;
2-3 (19) Texana Groundwater Conservation District;
2-4 (20) Trans-Pecos Groundwater Conservation District;
2-5 (21) Tri-County Groundwater Conservation District; and
2-6 (22) Trinity Glen Rose Groundwater Conservation
2-7 District.
2-8 (b) A district created under this section is a governmental
2-9 agency and a body politic and corporate.
2-10 (c) Each district created under this section is created
2-11 under and is essential to accomplish the purposes of Section 59,
2-12 Article XVI, Texas Constitution.
2-13 SECTION 2. BOUNDARIES. (a) The boundaries of the following
2-14 groundwater conservation districts are coextensive with county
2-15 boundaries as follows:
2-16 (1) the boundaries of the Bergesland Groundwater
2-17 Conservation District are coextensive with the boundaries of
2-18 Kendall County;
2-19 (2) the boundaries of the Blanco-Pedernales
2-20 Groundwater Conservation District are coextensive with the
2-21 boundaries of Blanco County;
2-22 (3) the boundaries of the Brazos Valley Groundwater
2-23 Conservation District are coextensive with the boundaries of
2-24 Robertson and Brazos Counties;
2-25 (4) the boundaries of the Brewster Groundwater
2-26 Conservation District are coextensive with the boundaries of
3-1 Brewster County;
3-2 (5) the boundaries of the Coastal Bend Groundwater
3-3 Conservation District are coextensive with the boundaries of
3-4 Wharton County;
3-5 (6) the boundaries of the Coastal Plains Groundwater
3-6 Conservation District are coextensive with the boundaries of
3-7 Matagorda County;
3-8 (7) the boundaries of the Crossroads Groundwater
3-9 Conservation District are coextensive with the boundaries of
3-10 Victoria County;
3-11 (8) the boundaries of the Lavaca Groundwater
3-12 Conservation District are coextensive with the boundaries of Lavaca
3-13 County;
3-14 (9) the boundaries of the Lone Wolf Groundwater
3-15 Conservation District are coextensive with the boundaries of
3-16 Mitchell County;
3-17 (10) the boundaries of the Long Leaf Groundwater
3-18 District are coextensive with the boundaries of Gregg,
3-19 Nacogdoches, Rusk, San Augustine, Shelby, and Smith Counties;
3-20 (11) the boundaries of the Lost Pines Groundwater
3-21 Conservation District are coextensive with the boundaries of
3-22 Bastrop and Lee Counties, but if the voters of only one county
3-23 confirm the creation of the district under Section 10 of this Act,
3-24 the boundaries of the district are coextensive with the boundaries
3-25 of that county;
3-26 (12) the boundaries of the McMullen Groundwater
4-1 Conservation District are coextensive with the boundaries of
4-2 McMullen County;
4-3 (13) the boundaries of the Middle Pecos Groundwater
4-4 Conservation District are coextensive with the boundaries of Pecos
4-5 County;
4-6 (14) the boundaries of the Presidio Groundwater
4-7 Conservation District are coextensive with the boundaries of
4-8 Presidio County;
4-9 (15) the boundaries of the Refugio Groundwater
4-10 Conservation District are coextensive with the boundaries of
4-11 Refugio County;
4-12 (16) the boundaries of the Texana Groundwater
4-13 Conservation District are coextensive with the boundaries of
4-14 Jackson County;
4-15 (17) the boundaries of the Trans-Pecos Groundwater
4-16 Conservation District are coextensive with the boundaries of Loving
4-17 and Reeves Counties; and
4-18 (18) the boundaries of the Tri-County Groundwater
4-19 Conservation district are coextensive with the boundaries of Foard,
4-20 Hardeman, and Wilbarger Counties.
4-21 (b) The boundaries of the Hays Trinity Groundwater
4-22 Conservation District are coextensive with the boundaries of Hays
4-23 County, excluding the part of the county within the boundaries of
4-24 the Barton Springs-Edwards Aquifer Conservation District or the
4-25 Edwards Aquifer Authority.
4-26 (c) The Red Sands Groundwater Conservation District includes
5-1 all of the territory contained in the following described area:
5-2 A 19,143 acre tract more or less out of San Salvador Del Tule Grant
5-3 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map
5-4 records and out of the Santa Anita Grant as recorded in Volume 7,
5-5 Page 38 of the Hidalgo County, Texas map records.
5-6 Commencing at the Southeast Corner of this here in described
5-7 boundary tract, said point being the intersection of the centerline
5-8 of U.S. Highway 281 and the centerline of Farm to Market Road
5-9 number 490 (F.M. 490) (West Hargill Road) as shown in the map of
5-10 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of
5-11 the Hidalgo County map records. Said point is also the point of
5-12 beginning.
5-13 Thence, Westerly along the center line of the F.M. 490, an
5-14 approximate distance of 18,400 feet to a point on the West line of
5-15 San Salvador Del Tule Grant, said point also being the intersection
5-16 of the centerline of F.M. 490 and the West line of the San Salvador
5-17 Del Tule Grant,
5-18 Thence, Northerly along the West line of the San Salvador Del Tule
5-19 Grant and the East line of the Santa Anita Grant at an approximate
5-20 distance of 21,300 feet to a point, said point being an inside
5-21 corner of this herein described tract, and also being the Southeast
5-22 corner of Redland Vineyards Subdivision as recorded in Volume 4,
5-23 Page 51 of the Hidalgo County map records,
5-24 Thence, Westerly along the South line of the Redland Vineyards
5-25 Subdivision, an approximate distance of 4,238 feet to a point, said
5-26 point being an outside corner of this herein described tract, said
6-1 point also being the Southwest corner of the Redland Vineyard
6-2 Subdivision,
6-3 Thence, Northerly with the West line of Redland Vineyards
6-4 Subdivision, at approximately 4,590.50 feet past a point, said
6-5 point being the Northwest corner of Redland Vineyard Subdivision,
6-6 and the Southwest corner of Delbridge Subdivision as recorded in
6-7 Volume 5, Page 11, Hidalgo County map records, and continuing
6-8 Northerly along the West line of Delbridge Subdivision for an
6-9 approximate total distance of 6,646 feet to a point, said point
6-10 being an inside corner of this herein described tract, and also
6-11 being the Northwest corner of Delbridge Subdivision,
6-12 Thence, Westerly along the South line of a 196.37 acres tract,
6-13 known as the A.B. De Kock Tract, an approximate distance of 3,500
6-14 feet past the Southeast corner of share 4, out of the 8,374.70 acre
6-15 tract partition out of the Santa Anita Grant as recorded in Volume
6-16 7, Page 38, in the Hidalgo County map records and continuing
6-17 Westerly for an approximate total distance of 6,500 feet to a
6-18 point, said point being an outside corner of this herein described
6-19 tract and also being the Southwest corner of share 4,
6-20 Thence, Northerly along the West line of share 4, an approximate
6-21 total distance of 19,143 feet to a point, said point being the
6-22 Northwest corner of this herein described tracts and, the
6-23 intersection of the West line of share 4 and the centerline of Farm
6-24 to Market Road number 1017, (F.M. 1017)
6-25 Thence, in a Southeasterly direction, with the Right-of-Way
6-26 centerline of Farm to Market Road number 1017 (F.M. 1017) an
7-1 approximate total distance of 27,800 feet to a point, said point
7-2 being the Northeast corner of this herein described tract, and also
7-3 being the intersection of the centerline of F.M. 1017 Right-of-Way
7-4 and the center line of the U.S. Highway 281 Right-Of-Way,
7-5 Thence, in a Southerly direction, with the centerline of U.S.
7-6 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet
7-7 past Floral Road, and at approximate 21,700 feet past Red Gate Road
7-8 and at approximate 29,700 feet past Laguna Seca Road and for an
7-9 approximate total distance of 39,300 feet to the point of beginning
7-10 of this here in described tract, said tract contains 19,232 Acres,
7-11 More or Less.
7-12 (d) The boundaries of the Southeast Trinity Groundwater
7-13 Conservation District are coextensive with that part of Comal
7-14 County located within the Hill Country Priority Groundwater
7-15 Management Area designated by the Texas Natural Resource
7-16 Conservation Commission by rule effective July 16, 1990.
7-17 (e)(1) The Trinity Glen Rose Groundwater Conservation
7-18 District includes the territory contained within that part of Bexar
7-19 County defined as follows:
7-20 Beginning at the point-of-intersection of the Bexar County-Medina
7-21 County line and the northern boundary of Subdivision Number 1 of
7-22 the Underground Water Reservoir in the Edwards Limestone, Balcones
7-23 Escarpment Area.
7-24 THENCE eastward along the northern boundary of Subdivision Number 1
7-25 of the Underground Water Reservoir in the Edwards Limestone,
7-26 Balcones Escarpment Area to the Intersection with FM2696;
8-1 THENCE north along FM2696 to the intersection of FM2696 and the
8-2 Bexar County-Comal County line;
8-3 THENCE westward along the Bexar County-Comal County line to the
8-4 intersection of the Bexar County-Comal County-Kendall County lines;
8-5 THENCE westward along the Bexar County-Kendall County line to the
8-6 intersection of the Bexar County-Kendall County-Bandera County
8-7 lines;
8-8 THENCE southwestward along the Bexar County-Bandera County line to
8-9 the intersection of the Bexar County-Bandera County-Medina County
8-10 lines;
8-11 THENCE southward along the Bexar County-Medina County line to its
8-12 point-of-intersection with the northern boundary of Subdivision
8-13 Number 1 of the Underground Water Reservoir in the Edwards
8-14 Limestone, Balcones Escarpment Area, said point being the
8-15 point-of-beginning.
8-16 (2) The territory contained within the municipal
8-17 boundaries of the city of Fair Oaks Ranch are excluded from the
8-18 district.
8-19 SECTION 3. DEFINITION. In this Act, "district" means a
8-20 groundwater conservation district created under Section 1 of this
8-21 Act.
8-22 SECTION 4. FINDING OF BENEFIT. All of the land and other
8-23 property included within the boundaries of a district will be
8-24 benefited by the works and projects that are to be accomplished by
8-25 the district under powers conferred by Section 59, Article XVI,
8-26 Texas Constitution. The district is created to serve a public use
9-1 and benefit.
9-2 SECTION 5. AUTHORITY OF TEMPORARY DIRECTORS. (a) Except as
9-3 provided by Subsection (b) of this section or otherwise by this
9-4 Act, the temporary directors of a district have the same permitting
9-5 and general management powers as those granted to initial directors
9-6 under Chapter 36, Water Code.
9-7 (b) The temporary directors have the authority to enter any
9-8 public or private property located within the district to inspect a
9-9 water well as provided by Section 49.221, Water Code.
9-10 (c) The temporary directors do not have the authority
9-11 granted by the following provisions of Chapter 36, Water Code:
9-12 (1) Sections 36.017, 36.019, 36.020, and 36.059,
9-13 relating to elections;
9-14 (2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
9-15 36.108, relating to eminent domain and management plans;
9-16 (3) Section 36.122, relating to out-of-district
9-17 transfers of groundwater;
9-18 (4) Sections 36.171-36.181, relating to bonds and
9-19 notes;
9-20 (5) Sections 36.201-36.204, relating to taxes; and
9-21 (6) Sections 36.321-36.359, relating to annexation and
9-22 consolidation.
9-23 SECTION 6. MORATORIUM ON ADOPTION OF LONG-TERM MANAGEMENT
9-24 PLANS. To ensure consistency of district long-term management
9-25 plans with the regional planning process authorized by Senate Bill
9-26 No. 1 (Chapter 1010), Acts of the 75th Legislature, Regular
10-1 Session, 1997, a district may not adopt the comprehensive
10-2 management plan required by Section 36.1071, Water Code, before
10-3 September 1, 2001.
10-4 SECTION 7. INITIAL BOARD OF DIRECTORS. The initial
10-5 directors may not be elected until after September 1, 2001.
10-6 SECTION 8. TEMPORARY DIRECTORS. (a) Except as provided by
10-7 Subsection (b) of this section, the commissioners court of a county
10-8 containing territory included within the district shall appoint
10-9 temporary directors in accordance with the provisions of Section
10-10 36.016, Water Code, relating to the appointment of temporary
10-11 directors by county commissioners courts.
10-12 (b) For districts composed of more than one county, the
10-13 county commissioners court of each county with territory in the
10-14 district shall appoint an equal number of temporary directors, the
10-15 total number of temporary directors appointed to be determined by
10-16 the county commissioners courts except that the total number of
10-17 directors may not be fewer than five or more than 11.
10-18 SECTION 9. ORGANIZATIONAL MEETING. (a) As soon as
10-19 practicable after the temporary directors are appointed as provided
10-20 by this Act, the temporary directors shall hold the organizational
10-21 meeting of the district and take office at that time.
10-22 (b) The temporary directors shall hold the meeting at a
10-23 location within the district to which a majority of the temporary
10-24 directors agree.
10-25 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
10-26 (a) Not earlier than September 1, 2001, the temporary board of
11-1 directors shall call and hold an election to confirm the district
11-2 and to elect the initial directors.
11-3 (b) At the confirmation and initial directors' election, the
11-4 temporary board of directors shall have placed on the ballot the
11-5 names of the candidates for each of the positions on the board. To
11-6 qualify as a candidate for a position, a person must be a resident
11-7 of the district.
11-8 (c) If the district is confirmed at the election, the
11-9 temporary board of directors, at the time the vote is canvassed,
11-10 shall:
11-11 (1) declare the qualified person who receives the most
11-12 votes for each position to be elected as the initial director for
11-13 that position; and
11-14 (2) include the results of the initial directors'
11-15 election in the district's election report to the Texas Natural
11-16 Resource Conservation Commission.
11-17 (d) The initial directors shall draw lots to determine their
11-18 terms so that:
11-19 (1) one-half or a simple majority of the directors
11-20 serve four-year terms that expire on the fourth anniversary of the
11-21 date the initial directors were elected; and
11-22 (2) the remaining directors serve two-year terms that
11-23 expire on the second anniversary of the date the initial directors
11-24 were elected.
11-25 (e) Subsection (a), Section 41.001, Election Code, does not
11-26 apply to a confirmation and initial directors' election held as
12-1 provided by this section.
12-2 (f) Except as provided by this section, a confirmation and
12-3 initial directors' election must be conducted as provided by
12-4 Subsections (b)-(h), Section 36.017, Water Code, and the Election
12-5 Code.
12-6 (g) If the establishment of the district has not been
12-7 confirmed at an election held under this section before the fourth
12-8 anniversary of the effective date of this Act, the district is
12-9 dissolved on that date, except that any debts incurred shall be
12-10 paid and the organization of the district shall be maintained until
12-11 all debts are paid.
12-12 SECTION 11. ELECTION OF PERMANENT DIRECTORS. Beginning in
12-13 the second year after the year in which the district has held a
12-14 confirmation election, an election shall be held in the district on
12-15 the first Saturday in the month in which the initial directors were
12-16 elected under Section 10 of this Act and every two years after that
12-17 date to elect the appropriate number of directors to the board.
12-18 SECTION 12. FEES. (a) The temporary, initial, or permanent
12-19 directors of the district by rule may impose reasonable fees on the
12-20 owner or the operator of each well in the district, including
12-21 registration fees for existing wells, regardless of the date on
12-22 which the well was drilled or began producing, if a permit is
12-23 issued for the well by the district or registration is required for
12-24 the well by the district and if the well is not exempt from
12-25 regulation by the district.
12-26 (b) The district may use all fees collected under applicable
13-1 law for all purposes necessary to carry out the purposes of this
13-2 Act and the powers granted by Chapter 36, Water Code, except as
13-3 limited by Section 5 of this Act, as the district considers
13-4 necessary for the district's protection, conservation, and
13-5 regulation of groundwater, including administrative and operating
13-6 expenses.
13-7 (c) A fee that is based on the amount of water to be
13-8 withdrawn from a well may not exceed the limits set by Subsection
13-9 (c), Section 36.205, Water Code.
13-10 SECTION 13. ELECTIONS. Prior to September 1, 2001, the
13-11 temporary directors of a district shall not hold an election for
13-12 the imposition of a tax.
13-13 SECTION 14. MODIFICATION OF THE DISTRICT. A district
13-14 created under this Act may be modified by subsequent acts of the
13-15 Texas Legislature. The modification may be in response to the
13-16 recommendations of an interim study or committee, including the
13-17 possibility of adding additional area to the district or merging
13-18 the district with other districts for the purposes of the efficient
13-19 and effective management of a common groundwater resource.
13-20 SECTION 15. STATUTORY INTERPRETATION. Except as otherwise
13-21 provided by this Act, if there is a conflict between this Act and
13-22 Chapter 36, Water Code, this Act controls.
13-23 SECTION 16. RATIFICATION OF DISTRICT CREATION.
13-24 (a) Notwithstanding the provisions of Section 10 of this Act, an
13-25 election for the confirmation of the creation of a groundwater
13-26 conservation district under this Act and for the selection of
14-1 initial directors for such district shall not be held unless action
14-2 is taken by the 77th Legislature in its Regular Session to ratify
14-3 the creation of the district.
14-4 (b) Except as provided by Subsection (c) of this section, a
14-5 groundwater conservation district created by this Act whose
14-6 creation is not ratified by the 77th Legislature as provided by
14-7 Subsection (a) of this section is dissolved effective September 1,
14-8 2001.
14-9 (c) If an underground water conservation district is
14-10 dissolved under this section, the district has no further
14-11 authority, except that any debts incurred shall be paid and the
14-12 organization of the district shall be maintained until all debts
14-13 are paid.
14-14 SECTION 17. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
14-15 (a) The proper and legal notice of the intention to introduce this
14-16 Act, setting forth the general substance of this Act, has been
14-17 published as provided by law, and the notice and a copy of this Act
14-18 have been furnished to all persons, agencies, officials, or
14-19 entities to which they are required to be furnished by the
14-20 constitution and other laws of this state, including the governor,
14-21 who has submitted the notice and Act to the Texas Natural Resource
14-22 Conservation Commission.
14-23 (b) The Texas Natural Resource Conservation Commission has
14-24 filed its recommendations relating to this Act with the governor,
14-25 lieutenant governor, and speaker of the house of representatives
14-26 within the required time.
15-1 (c) All requirements of the constitution and laws of this
15-2 state and the rules and procedures of the legislature with respect
15-3 to the notice, introduction, and passage of this Act are fulfilled
15-4 and accomplished.
15-5 (d) The procedural requirements of this section relating to
15-6 the provision of notice have been met by the provision of notice of
15-7 the introduction of the proposed Acts of the 76th Legislature
15-8 relating to the creation of the groundwater conservation districts
15-9 now created by this Act.
15-10 SECTION 18. EFFECTIVE DATE. This Act takes effect September
15-11 1, 1999.
15-12 SECTION 19. EMERGENCY. The importance of this legislation
15-13 and the crowded condition of the calendars in both houses create an
15-14 emergency and an imperative public necessity that the
15-15 constitutional rule requiring bills to be read on three several
15-16 days in each house be suspended, and this rule is hereby suspended.