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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 787 was passed by the House on April
20, 2001, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 787 on May 22, 2001, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 787 on May 26, 2001, by the following vote: Yeas 142,
Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 787 was passed by the Senate, with
amendments, on May 17, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting; at the request of the House, the Senate
appointed a conference committee to consider the differences
between the two houses; and that the Senate adopted the conference
committee report on H.B. No. 787 on May 27, 2001, by the following
vote: Yeas 30, Nays 0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor