By Gallego H.B. No. 787 77R8936 MI-D 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 Brewster County 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 Brewster County Groundwater 1-8 Conservation District, is created in Brewster County, subject to 1-9 approval at a confirmation election under Section 9 of this Act. 1-10 The district is a governmental agency and a body politic and 1-11 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 Brewster County Groundwater Conservation District. 1-17 SECTION 3. BOUNDARIES. The boundaries of the district are 1-18 coextensive with the boundaries of Brewster County. 1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-20 property included within the boundaries of the district will be 1-21 benefited by the works and projects that are to be accomplished by 1-22 the district under powers conferred by Section 59, Article XVI, 1-23 Texas Constitution. The district is created to serve a public use 1-24 and benefit. 2-1 SECTION 5. POWERS. (a) The district has all the rights, 2-2 powers, privileges, authority, functions, and duties provided by 2-3 the general law of this state, including Chapter 36, Water Code, 2-4 applicable to groundwater conservation districts created under 2-5 Section 59, Article XVI, Texas Constitution. This Act prevails 2-6 over any provision of general law that is in conflict or 2-7 inconsistent with this Act. 2-8 (b) Notwithstanding Subsection (a), the following provisions 2-9 prevail over a conflicting or inconsistent provision of this Act: 2-10 (1) Sections 36.1071-36.108, Water Code; 2-11 (2) Sections 36.159-36.161, Water Code; and 2-12 (3) Subchapter I, Chapter 36, Water Code. 2-13 (c) The district has the power to limit and to impose fees 2-14 on the transfer of groundwater out of the district if, after public 2-15 notice and a hearing and in accordance with district rules, the 2-16 district finds that restrictions or fees on transfer are in the 2-17 district's best interests. In making the determination, the 2-18 district shall consider: 2-19 (1) the availability of water in the district and in 2-20 the receiving area during the period for which the proposed water 2-21 transfer is requested; 2-22 (2) the availability of feasible and practicable 2-23 alternative supplies to the applicant proposing the transfer; 2-24 (3) the amount and proposed use of the transferred 2-25 water in the receiving area; 2-26 (4) the projected effect of the proposed transfer on 2-27 aquifer conditions, depletion, subsidence, or effects on existing 3-1 permit holders or other groundwater users within the district; 3-2 (5) the projected environmental and economic effects 3-3 on the district; and 3-4 (6) the compatibility of the proposed transfer with 3-5 the approved regional plan and certified district management plan. 3-6 SECTION 6. EMINENT DOMAIN; ENTERING PRIVATE PROPERTY. 3-7 Notwithstanding other law or another provision of this Act: 3-8 (1) the district may not exercise the power of eminent 3-9 domain; and 3-10 (2) an agent or employee of the district may not enter 3-11 private property without the permission of the landowner or the 3-12 landowner's agent except to inspect a permitted well and to ensure 3-13 compliance with district rules. 3-14 SECTION 7. BOARD OF DIRECTORS. (a) The district is 3-15 governed by a board of seven directors appointed by the Brewster 3-16 County Commissioners Court. 3-17 (b) The board is composed of: 3-18 (1) three members who represent the cities, towns, or 3-19 population centers of Alpine, Lajitas, Marathon, Study Butte, and 3-20 Terlingua; 3-21 (2) three members who represent the rural part of 3-22 Brewster County, exclusive of the cities, towns, or population 3-23 centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua; 3-24 and 3-25 (3) one member who represents Brewster County at 3-26 large. 3-27 (c) A member described by Subsection (b)(1) must reside in 4-1 or in the immediate area of a city, town, or population center 4-2 listed in that subsection. 4-3 (d) At least one member of the board must reside in each 4-4 county commissioners precinct. 4-5 (e) Each director must qualify to serve as director in the 4-6 manner provided by Section 36.055, Water Code. 4-7 (f) Directors other than initial directors serve staggered 4-8 three-year terms. 4-9 (g) A director serves until the director's successor has 4-10 qualified. 4-11 (h) If there is a vacancy on the board, the commissioners 4-12 court shall appoint a director to serve the remainder of the term. 4-13 (i) The commissioners court shall appoint a director to 4-14 succeed a director on or before the date the director's term 4-15 expires. 4-16 (j) A director may not receive a salary or other 4-17 compensation for service as a director but may be reimbursed for 4-18 actual expenses of attending meetings at the rate in effect for 4-19 employees of Brewster County. 4-20 SECTION 8. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not 4-21 later than the 31st day after the effective date of this Act, the 4-22 Brewster County Commissioners Court shall appoint: 4-23 (1) two directors to serve terms expiring February 1, 4-24 2002; 4-25 (2) two directors to serve terms expiring February 1, 4-26 2003; and 4-27 (3) three directors to serve terms expiring February 5-1 1, 2004. 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. 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) If a majority of the votes cast at the election favor 5-8 the establishment of the district, the temporary directors shall 5-9 declare the district created. If a majority of the votes cast at 5-10 the election are against the establishment of the district, the 5-11 temporary directors shall declare the district defeated. The 5-12 temporary directors shall file a copy of the election results with 5-13 the Texas Natural Resource Conservation Commission. 5-14 (d) If a majority of the votes cast at the election are 5-15 against the establishment of the district, the temporary directors 5-16 may call and hold a subsequent election to confirm establishment of 5-17 the district. A subsequent election may not be held earlier than 5-18 the first anniversary of the date on which the previous election 5-19 was held. If the establishment of the district is not confirmed at 5-20 an election held under this section on or before the second 5-21 anniversary of the effective date of this Act, this Act expires. 5-22 (e) Except as provided by this section, a confirmation 5-23 election must be conducted as provided by Sections 36.017(b)-(h), 5-24 Water Code, and the Election Code. 5-25 SECTION 10. CHANGE OF DISTRICT NAME. The board of directors 5-26 by resolution may change the name of the district if the district 5-27 annexes territory. 6-1 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 6-2 (a) The proper and legal notice of the intention to introduce this 6-3 Act, setting forth the general substance of this Act, has been 6-4 published as provided by law, and the notice and a copy of this Act 6-5 have been furnished to all persons, agencies, officials, or 6-6 entities to which they are required to be furnished by the 6-7 constitution and other laws of this state, including the governor, 6-8 who has submitted the notice and Act to the Texas Natural Resource 6-9 Conservation Commission. 6-10 (b) The Texas Natural Resource Conservation Commission has 6-11 filed its recommendations relating to this Act with the governor, 6-12 lieutenant governor, and speaker of the house of representatives 6-13 within the required time. 6-14 (c) All requirements of the constitution and laws of this 6-15 state and the rules and procedures of the legislature with respect 6-16 to the notice, introduction, and passage of this Act are fulfilled 6-17 and accomplished. 6-18 SECTION 12. EFFECTIVE DATE. This Act takes effect 6-19 immediately if it receives a vote of two-thirds of all the members 6-20 elected to each house, as provided by Section 39, Article III, 6-21 Texas Constitution. If this Act does not receive the vote 6-22 necessary for immediate effect, this Act takes effect September 1, 6-23 2001.