1-1 By: Brown, Armbrister, Truan S.B. No. 1911 1-2 (In the Senate - Filed May 13, 1999; May 13, 1999, read first 1-3 time and referred to Committee on Natural Resources; May 13, 1999, 1-4 reported favorably by the following vote: Yeas 5, Nays 0; 1-5 May 13, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation, administration, powers, duties, 1-9 operation, and financing of certain groundwater conservation 1-10 districts. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. CREATION. (a) The following groundwater 1-13 conservation districts are created: 1-14 (1) Bergesland Groundwater Conservation District; 1-15 (2) Blanco-Pedernales Groundwater Conservation 1-16 District; 1-17 (3) Brazos Valley Groundwater Conservation District; 1-18 (4) Brewster Groundwater Conservation District; 1-19 (5) Coastal Bend Groundwater Conservation District; 1-20 (6) Coastal Plains Groundwater Conservation District; 1-21 (7) Crossroads Groundwater Conservation District; 1-22 (8) Hays Trinity Groundwater Conservation District; 1-23 (9) Lavaca Groundwater Conservation District; 1-24 (10) Lone Wolf Groundwater Conservation District; 1-25 (11) Long Leaf Groundwater District; 1-26 (12) Lost Pines Groundwater Conservation District; 1-27 (13) McMullen Groundwater Conservation District; 1-28 (14) Middle Pecos Groundwater Conservation District; 1-29 (15) Presidio Groundwater Conservation District; 1-30 (16) Red Sands Groundwater Conservation District; 1-31 (17) Refugio Groundwater Conservation District; 1-32 (18) Southeast Trinity Groundwater Conservation 1-33 District; 1-34 (19) Texana Groundwater Conservation District; 1-35 (20) Trans-Pecos Groundwater Conservation District; 1-36 (21) Tri-County Groundwater Conservation District; and 1-37 (22) Trinity Glen Rose Groundwater Conservation 1-38 District. 1-39 (b) A district created under this section is a governmental 1-40 agency and a body politic and corporate. 1-41 (c) Each district created under this section is created 1-42 under and is essential to accomplish the purposes of Section 59, 1-43 Article XVI, Texas Constitution. 1-44 SECTION 2. BOUNDARIES. (a) The boundaries of the following 1-45 groundwater conservation districts are coextensive with county 1-46 boundaries as follows: 1-47 (1) the boundaries of the Bergesland Groundwater 1-48 Conservation District are coextensive with the boundaries of 1-49 Kendall County; 1-50 (2) the boundaries of the Blanco-Pedernales 1-51 Groundwater Conservation District are coextensive with the 1-52 boundaries of Blanco County; 1-53 (3) the boundaries of the Brazos Valley Groundwater 1-54 Conservation District are coextensive with the boundaries of 1-55 Robertson and Brazos Counties; 1-56 (4) the boundaries of the Brewster Groundwater 1-57 Conservation District are coextensive with the boundaries of 1-58 Brewster County; 1-59 (5) the boundaries of the Coastal Bend Groundwater 1-60 Conservation District are coextensive with the boundaries of 1-61 Wharton County; 1-62 (6) the boundaries of the Coastal Plains Groundwater 1-63 Conservation District are coextensive with the boundaries of 1-64 Matagorda County; 2-1 (7) the boundaries of the Crossroads Groundwater 2-2 Conservation District are coextensive with the boundaries of 2-3 Victoria County; 2-4 (8) the boundaries of the Lavaca Groundwater 2-5 Conservation District are coextensive with the boundaries of Lavaca 2-6 County; 2-7 (9) the boundaries of the Lone Wolf Groundwater 2-8 Conservation District are coextensive with the boundaries of 2-9 Mitchell County; 2-10 (10) the boundaries of the Long Leaf Groundwater 2-11 District are coextensive with the boundaries of Gregg, 2-12 Nacogdoches, Rusk, San Augustine, Shelby, and Smith Counties; 2-13 (11) the boundaries of the Lost Pines Groundwater 2-14 Conservation District are coextensive with the boundaries of 2-15 Bastrop and Lee Counties, but if the voters of only one county 2-16 confirm the creation of the district under Section 10 of this Act, 2-17 the boundaries of the district are coextensive with the boundaries 2-18 of that county; 2-19 (12) the boundaries of the McMullen Groundwater 2-20 Conservation District are coextensive with the boundaries of 2-21 McMullen County; 2-22 (13) the boundaries of the Middle Pecos Groundwater 2-23 Conservation District are coextensive with the boundaries of Pecos 2-24 County; 2-25 (14) the boundaries of the Presidio Groundwater 2-26 Conservation District are coextensive with the boundaries of 2-27 Presidio County; 2-28 (15) the boundaries of the Refugio Groundwater 2-29 Conservation District are coextensive with the boundaries of 2-30 Refugio County; 2-31 (16) the boundaries of the Texana Groundwater 2-32 Conservation District are coextensive with the boundaries of 2-33 Jackson County; 2-34 (17) the boundaries of the Trans-Pecos Groundwater 2-35 Conservation District are coextensive with the boundaries of Loving 2-36 and Reeves Counties; and 2-37 (18) the boundaries of the Tri-County Groundwater 2-38 Conservation district are coextensive with the boundaries of Foard, 2-39 Hardeman, and Wilbarger Counties. 2-40 (b) The boundaries of the Hays Trinity Groundwater 2-41 Conservation District are coextensive with the boundaries of Hays 2-42 County, excluding the part of the county within the boundaries of 2-43 the Barton Springs-Edwards Aquifer Conservation District or the 2-44 Edwards Aquifer Authority. 2-45 (c) The Red Sands Groundwater Conservation District includes 2-46 all of the territory contained in the following described area: 2-47 A 19,143 acre tract more or less out of San Salvador Del Tule Grant 2-48 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map 2-49 records and out of the Santa Anita Grant as recorded in Volume 7, 2-50 Page 38 of the Hidalgo County, Texas map records. 2-51 Commencing at the Southeast Corner of this here in described 2-52 boundary tract, said point being the intersection of the centerline 2-53 of U.S. Highway 281 and the centerline of Farm to Market Road 2-54 number 490 (F.M. 490) (West Hargill Road) as shown in the map of 2-55 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of 2-56 the Hidalgo County map records. Said point is also the point of 2-57 beginning. 2-58 Thence, Westerly along the center line of the F.M. 490, an 2-59 approximate distance of 18,400 feet to a point on the West line of 2-60 San Salvador Del Tule Grant, said point also being the intersection 2-61 of the centerline of F.M. 490 and the West line of the San Salvador 2-62 Del Tule Grant, 2-63 Thence, Northerly along the West line of the San Salvador Del Tule 2-64 Grant and the East line of the Santa Anita Grant at an approximate 2-65 distance of 21,300 feet to a point, said point being an inside 2-66 corner of this herein described tract, and also being the Southeast 2-67 corner of Redland Vineyards Subdivision as recorded in Volume 4, 2-68 Page 51 of the Hidalgo County map records, 2-69 Thence, Westerly along the South line of the Redland Vineyards 3-1 Subdivision, an approximate distance of 4,238 feet to a point, said 3-2 point being an outside corner of this herein described tract, said 3-3 point also being the Southwest corner of the Redland Vineyard 3-4 Subdivision, 3-5 Thence, Northerly with the West line of Redland Vineyards 3-6 Subdivision, at approximately 4,590.50 feet past a point, said 3-7 point being the Northwest corner of Redland Vineyard Subdivision, 3-8 and the Southwest corner of Delbridge Subdivision as recorded in 3-9 Volume 5, Page 11, Hidalgo County map records, and continuing 3-10 Northerly along the West line of Delbridge Subdivision for an 3-11 approximate total distance of 6,646 feet to a point, said point 3-12 being an inside corner of this herein described tract, and also 3-13 being the Northwest corner of Delbridge Subdivision, 3-14 Thence, Westerly along the South line of a 196.37 acres tract, 3-15 known as the A.B. De Kock Tract, an approximate distance of 3,500 3-16 feet past the Southeast corner of share 4, out of the 8,374.70 acre 3-17 tract partition out of the Santa Anita Grant as recorded in Volume 3-18 7, Page 38, in the Hidalgo County map records and continuing 3-19 Westerly for an approximate total distance of 6,500 feet to a 3-20 point, said point being an outside corner of this herein described 3-21 tract and also being the Southwest corner of share 4, 3-22 Thence, Northerly along the West line of share 4, an approximate 3-23 total distance of 19,143 feet to a point, said point being the 3-24 Northwest corner of this herein described tracts and, the 3-25 intersection of the West line of share 4 and the centerline of Farm 3-26 to Market Road number 1017, (F.M. 1017) 3-27 Thence, in a Southeasterly direction, with the Right-of-Way 3-28 centerline of Farm to Market Road number 1017 (F.M. 1017) an 3-29 approximate total distance of 27,800 feet to a point, said point 3-30 being the Northeast corner of this herein described tract, and also 3-31 being the intersection of the centerline of F.M. 1017 Right-of-Way 3-32 and the center line of the U.S. Highway 281 Right-Of-Way, 3-33 Thence, in a Southerly direction, with the centerline of U.S. 3-34 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet 3-35 past Floral Road, and at approximate 21,700 feet past Red Gate Road 3-36 and at approximate 29,700 feet past Laguna Seca Road and for an 3-37 approximate total distance of 39,300 feet to the point of beginning 3-38 of this here in described tract, said tract contains 19,232 Acres, 3-39 More or Less. 3-40 (d) The boundaries of the Southeast Trinity Groundwater 3-41 Conservation District are coextensive with that part of Comal 3-42 County located within the Hill Country Priority Groundwater 3-43 Management Area designated by the Texas Natural Resource 3-44 Conservation Commission by rule effective July 16, 1990. 3-45 (e)(1) The Trinity Glen Rose Groundwater Conservation 3-46 District includes the territory contained within that part of Bexar 3-47 County defined as follows: 3-48 Beginning at the point-of-intersection of the Bexar County-Medina 3-49 County line and the northern boundary of Subdivision Number 1 of 3-50 the Underground Water Reservoir in the Edwards Limestone, Balcones 3-51 Escarpment Area. 3-52 THENCE eastward along the northern boundary of Subdivision Number 1 3-53 of the Underground Water Reservoir in the Edwards Limestone, 3-54 Balcones Escarpment Area to the Intersection with FM2696; 3-55 THENCE north along FM2696 to the intersection of FM2696 and the 3-56 Bexar County-Comal County line; 3-57 THENCE westward along the Bexar County-Comal County line to the 3-58 intersection of the Bexar County-Comal County-Kendall County lines; 3-59 THENCE westward along the Bexar County-Kendall County line to the 3-60 intersection of the Bexar County-Kendall County-Bandera County 3-61 lines; 3-62 THENCE southwestward along the Bexar County-Bandera County line to 3-63 the intersection of the Bexar County-Bandera County-Medina County 3-64 lines; 3-65 THENCE southward along the Bexar County-Medina County line to its 3-66 point-of-intersection with the northern boundary of Subdivision 3-67 Number 1 of the Underground Water Reservoir in the Edwards 3-68 Limestone, Balcones Escarpment Area, said point being the 3-69 point-of-beginning. 4-1 (2) The territory contained within the municipal 4-2 boundaries of the city of Fair Oaks Ranch are excluded from the 4-3 district. 4-4 SECTION 3. DEFINITION. In this Act, "district" means a 4-5 groundwater conservation district created under Section 1 of this 4-6 Act. 4-7 SECTION 4. FINDING OF BENEFIT. All of the land and other 4-8 property included within the boundaries of a district will be 4-9 benefited by the works and projects that are to be accomplished by 4-10 the district under powers conferred by Section 59, Article XVI, 4-11 Texas Constitution. The district is created to serve a public use 4-12 and benefit. 4-13 SECTION 5. AUTHORITY OF TEMPORARY DIRECTORS. (a) Except as 4-14 provided by Subsection (b) of this section or otherwise by this 4-15 Act, the temporary directors of a district have the same permitting 4-16 and general management powers as those granted to initial directors 4-17 under Chapter 36, Water Code. 4-18 (b) The temporary directors have the authority to enter any 4-19 public or private property located within the district to inspect a 4-20 water well as provided by Section 49.221, Water Code. 4-21 (c) The temporary directors do not have the authority 4-22 granted by the following provisions of Chapter 36, Water Code: 4-23 (1) Sections 36.017, 36.019, 36.020, and 36.059, 4-24 relating to elections; 4-25 (2) Sections 36.105, 36.1071, 36.1072, 36.1073, and 4-26 36.108, relating to eminent domain and management plans; 4-27 (3) Section 36.122, relating to out-of-district 4-28 transfers of groundwater; 4-29 (4) Sections 36.171-36.181, relating to bonds and 4-30 notes; 4-31 (5) Sections 36.201-36.204, relating to taxes; and 4-32 (6) Sections 36.321-36.359, relating to annexation and 4-33 consolidation. 4-34 SECTION 6. MORATORIUM ON ADOPTION OF LONG-TERM MANAGEMENT 4-35 PLANS. To ensure consistency of district long-term management 4-36 plans with the regional planning process authorized by Senate Bill 4-37 No. 1 (Chapter 1010), Acts of the 75th Legislature, Regular 4-38 Session, 1997, a district may not adopt the comprehensive 4-39 management plan required by Section 36.1071, Water Code, before 4-40 September 1, 2001. 4-41 SECTION 7. INITIAL BOARD OF DIRECTORS. The initial 4-42 directors may not be elected until after September 1, 2001. 4-43 SECTION 8. TEMPORARY DIRECTORS. (a) Except as provided by 4-44 Subsection (b) of this section, the commissioners court of a county 4-45 containing territory included within the district shall appoint 4-46 temporary directors in accordance with the provisions of Section 4-47 36.016, Water Code, relating to the appointment of temporary 4-48 directors by county commissioners courts. 4-49 (b) For districts composed of more than one county, the 4-50 county commissioners court of each county with territory in the 4-51 district shall appoint an equal number of temporary directors, the 4-52 total number of temporary directors appointed to be determined by 4-53 the county commissioners courts except that the total number of 4-54 directors may not be fewer than five or more than 11. 4-55 SECTION 9. ORGANIZATIONAL MEETING. (a) As soon as 4-56 practicable after the temporary directors are appointed as provided 4-57 by this Act, the temporary directors shall hold the organizational 4-58 meeting of the district and take office at that time. 4-59 (b) The temporary directors shall hold the meeting at a 4-60 location within the district to which a majority of the temporary 4-61 directors agree. 4-62 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 4-63 (a) Not earlier than September 1, 2001, the temporary board of 4-64 directors shall call and hold an election to confirm the district 4-65 and to elect the initial directors. 4-66 (b) At the confirmation and initial directors' election, the 4-67 temporary board of directors shall have placed on the ballot the 4-68 names of the candidates for each of the positions on the board. To 4-69 qualify as a candidate for a position, a person must be a resident 5-1 of the district. 5-2 (c) If the district is confirmed at the election, the 5-3 temporary board of directors, at the time the vote is canvassed, 5-4 shall: 5-5 (1) declare the qualified person who receives the most 5-6 votes for each position to be elected as the initial director for 5-7 that position; and 5-8 (2) include the results of the initial directors' 5-9 election in the district's election report to the Texas Natural 5-10 Resource Conservation Commission. 5-11 (d) The initial directors shall draw lots to determine their 5-12 terms so that: 5-13 (1) one-half or a simple majority of the directors 5-14 serve four-year terms that expire on the fourth anniversary of the 5-15 date the initial directors were elected; and 5-16 (2) the remaining directors serve two-year terms that 5-17 expire on the second anniversary of the date the initial directors 5-18 were elected. 5-19 (e) Subsection (a), Section 41.001, Election Code, does not 5-20 apply to a confirmation and initial directors' election held as 5-21 provided by this section. 5-22 (f) Except as provided by this section, a confirmation and 5-23 initial directors' election must be conducted as provided by 5-24 Subsections (b)-(h), Section 36.017, Water Code, and the Election 5-25 Code. 5-26 (g) If the establishment of the district has not been 5-27 confirmed at an election held under this section before the fourth 5-28 anniversary of the effective date of this Act, the district is 5-29 dissolved on that date, except that any debts incurred shall be 5-30 paid and the organization of the district shall be maintained until 5-31 all debts are paid. 5-32 SECTION 11. ELECTION OF PERMANENT DIRECTORS. Beginning in 5-33 the second year after the year in which the district has held a 5-34 confirmation election, an election shall be held in the district on 5-35 the first Saturday in the month in which the initial directors were 5-36 elected under Section 10 of this Act and every two years after that 5-37 date to elect the appropriate number of directors to the board. 5-38 SECTION 12. FEES. (a) The temporary, initial, or permanent 5-39 directors of the district by rule may impose reasonable fees on the 5-40 owner or the operator of each well in the district, including 5-41 registration fees for existing wells, regardless of the date on 5-42 which the well was drilled or began producing, if a permit is 5-43 issued for the well by the district or registration is required for 5-44 the well by the district and if the well is not exempt from 5-45 regulation by the district. 5-46 (b) The district may use all fees collected under applicable 5-47 law for all purposes necessary to carry out the purposes of this 5-48 Act and the powers granted by Chapter 36, Water Code, except as 5-49 limited by Section 5 of this Act, as the district considers 5-50 necessary for the district's protection, conservation, and 5-51 regulation of groundwater, including administrative and operating 5-52 expenses. 5-53 (c) A fee that is based on the amount of water to be 5-54 withdrawn from a well may not exceed the limits set by Subsection 5-55 (c), Section 36.205, Water Code. 5-56 SECTION 13. ELECTIONS. Prior to September 1, 2001, the 5-57 temporary directors of a district shall not hold an election for 5-58 the imposition of a tax. 5-59 SECTION 14. MODIFICATION OF THE DISTRICT. A district 5-60 created under this Act may be modified by subsequent acts of the 5-61 Texas Legislature. The modification may be in response to the 5-62 recommendations of an interim study or committee, including the 5-63 possibility of adding additional area to the district or merging 5-64 the district with other districts for the purposes of the efficient 5-65 and effective management of a common groundwater resource. 5-66 SECTION 15. STATUTORY INTERPRETATION. Except as otherwise 5-67 provided by this Act, if there is a conflict between this Act and 5-68 Chapter 36, Water Code, this Act controls. 5-69 SECTION 16. RATIFICATION OF DISTRICT CREATION. 6-1 (a) Notwithstanding the provisions of Section 10 of this Act, an 6-2 election for the confirmation of the creation of a groundwater 6-3 conservation district under this Act and for the selection of 6-4 initial directors for such district shall not be held unless action 6-5 is taken by the 77th Legislature in its Regular Session to ratify 6-6 the creation of the district. 6-7 (b) Except as provided by Subsection (c) of this section, a 6-8 groundwater conservation district created by this Act whose 6-9 creation is not ratified by the 77th Legislature as provided by 6-10 Subsection (a) of this section is dissolved effective September 1, 6-11 2001. 6-12 (c) If a groundwater conservation district is dissolved 6-13 under this section, the district has no further authority, except 6-14 that any debts incurred shall be paid and the organization of the 6-15 district shall be maintained until all debts are paid. 6-16 SECTION 17. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 6-17 (a) The proper and legal notice of the intention to introduce this 6-18 Act, setting forth the general substance of this Act, has been 6-19 published as provided by law, and the notice and a copy of this Act 6-20 have been furnished to all persons, agencies, officials, or 6-21 entities to which they are required to be furnished by the 6-22 constitution and other laws of this state, including the governor, 6-23 who has submitted the notice and Act to the Texas Natural Resource 6-24 Conservation Commission. 6-25 (b) The Texas Natural Resource Conservation Commission has 6-26 filed its recommendations relating to this Act with the governor, 6-27 lieutenant governor, and speaker of the house of representatives 6-28 within the required time. 6-29 (c) All requirements of the constitution and laws of this 6-30 state and the rules and procedures of the legislature with respect 6-31 to the notice, introduction, and passage of this Act are fulfilled 6-32 and accomplished. 6-33 (d) The procedural requirements of this section relating to 6-34 the provision of notice have been met by the provision of notice of 6-35 the introduction of the proposed Acts of the 76th Legislature 6-36 relating to the creation of the groundwater conservation districts 6-37 now created by this Act. 6-38 SECTION 18. EFFECTIVE DATE. This Act takes effect September 6-39 1, 1999. 6-40 SECTION 19. EMERGENCY. The importance of this legislation 6-41 and the crowded condition of the calendars in both houses create an 6-42 emergency and an imperative public necessity that the 6-43 constitutional rule requiring bills to be read on three several 6-44 days in each house be suspended, and this rule is hereby suspended. 6-45 * * * * *