1-1     By:  Gallego (Senate Sponsor - Madla)                  H.B. No. 787
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 10, 2001, reported favorably, as amended, by
 1-5     the following vote:  Yeas 4, Nays 0; May 10, 2001, sent to
 1-6     printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                                By:  Lucio
 1-8           Amend H.B. 787 by striking Subsection (c) of SECTION 5 of the
 1-9     bill (House Engrossed Version, page 1, line 47-page 2, line 3).
1-10                            A BILL TO BE ENTITLED
1-11                                   AN ACT
1-12     relating to the creation, administration, powers, duties,
1-13     operation, and financing of the Brewster County Groundwater
1-14     Conservation District.
1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16           SECTION 1.  CREATION. (a)  A groundwater conservation
1-17     district, to be known as the Brewster County Groundwater
1-18     Conservation District, is created in Brewster County, subject to
1-19     approval at a confirmation election under Section 9 of this Act.
1-20     The district is a governmental agency and a body politic and
1-21     corporate.
1-22           (b)  The district is created under and is essential to
1-23     accomplish the purposes of Section 59, Article XVI, Texas
1-24     Constitution.
1-25           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-26     Brewster County Groundwater Conservation District.
1-27           SECTION 3.  BOUNDARIES.  The boundaries of the district are
1-28     coextensive with the boundaries of Brewster County.
1-29           SECTION 4.  FINDING OF BENEFIT.  All of the land and other
1-30     property included within the boundaries of the district will be
1-31     benefited by the works and projects that are to be accomplished by
1-32     the district under powers conferred by Section 59, Article XVI,
1-33     Texas Constitution.  The district is created to serve a public use
1-34     and benefit.
1-35           SECTION 5.  POWERS.  (a)  The district has all the rights,
1-36     powers, privileges, authority, functions, and duties provided by
1-37     the general law of this state, including Chapter 36, Water Code,
1-38     applicable to groundwater conservation districts created under
1-39     Section 59, Article XVI, Texas Constitution.  This Act prevails
1-40     over any provision of general law that is in conflict or
1-41     inconsistent with this Act.
1-42           (b)  Notwithstanding Subsection (a), the following provisions
1-43     prevail over a conflicting or inconsistent provision of this Act:
1-44                 (1)  Sections 36.1071-36.108, Water Code;
1-45                 (2)  Sections 36.159-36.161, Water Code; and
1-46                 (3)  Subchapter I, Chapter 36, Water Code.
1-47           (c)  The district has the power to limit and to impose fees
1-48     on the transfer of groundwater out of the district if, after public
1-49     notice and a hearing and in accordance with district rules, the
1-50     district finds that restrictions or fees on transfer are in the
1-51     district's best interests.  In making the determination, the
1-52     district shall consider:
1-53                 (1)  the availability of water in the district and in
1-54     the receiving area during the period for which the proposed water
1-55     transfer is requested;
1-56                 (2)  the availability of feasible and practicable
1-57     alternative supplies to the applicant proposing the transfer;
1-58                 (3)  the amount and proposed use of the transferred
1-59     water in the receiving area;
1-60                 (4)  the projected effect of the proposed transfer on
1-61     aquifer conditions, depletion, subsidence, or effects on existing
1-62     permit holders or other groundwater users within the district;
1-63                 (5)  the projected environmental and economic effects
 2-1     on the district; and
 2-2                 (6)  the compatibility of the proposed transfer with
 2-3     the approved regional plan and certified district management plan.
 2-4           SECTION 6.  EMINENT DOMAIN; ENTERING PRIVATE PROPERTY.
 2-5     Notwithstanding other law or another provision of this Act:
 2-6                 (1)  the district may not exercise the power of eminent
 2-7     domain; and
 2-8                 (2)  an agent or employee of the district may not enter
 2-9     private property without the permission of the landowner or the
2-10     landowner's agent except to inspect a permitted well and to ensure
2-11     compliance with district rules.
2-12           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
2-13     governed by a board of seven directors appointed by the Brewster
2-14     County Commissioners Court.
2-15           (b)  The board is composed of:
2-16                 (1)  three members who represent the cities, towns, or
2-17     population centers of Alpine, Lajitas, Marathon, Study Butte, and
2-18     Terlingua;
2-19                 (2)  three members who represent the rural part of
2-20     Brewster County, exclusive of the cities, towns, or population
2-21     centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua;
2-22     and
2-23                 (3)  one member who represents Brewster County at
2-24     large.
2-25           (c)  A member described by Subsection (b)(1) must reside in
2-26     or in the immediate area of a city, town, or population center
2-27     listed in that subsection.
2-28           (d)  At least one member of the board must reside in each
2-29     county commissioners precinct.
2-30           (e)  Each director must qualify to serve as director in the
2-31     manner provided by Section 36.055, Water Code.
2-32           (f)  Directors other than initial directors serve staggered
2-33     three-year terms.
2-34           (g)  A director serves until the director's successor has
2-35     qualified.
2-36           (h)  If there is a vacancy on the board, the commissioners
2-37     court shall appoint a director to serve the remainder of the term. 
2-38           (i)  The commissioners court shall appoint a director to
2-39     succeed a director on or before the date the director's term
2-40     expires.
2-41           (j)  A director may not receive a salary or other
2-42     compensation for service as a director but may be reimbursed for
2-43     actual expenses of attending meetings at the rate in effect for
2-44     employees of Brewster County.
2-45           SECTION 8.  APPOINTMENT AND TERMS OF INITIAL DIRECTORS.  Not
2-46     later than the 31st day after the effective date of this Act, the
2-47     Brewster County Commissioners Court shall appoint:
2-48                 (1)  two directors to serve terms expiring February 1,
2-49     2002;
2-50                 (2)  two directors to serve terms expiring February 1,
2-51     2003; and
2-52                 (3)  three directors to serve terms expiring February
2-53     1, 2004.
2-54           SECTION 9.  CONFIRMATION ELECTION.  (a)  The initial board of
2-55     directors shall call and hold an election to confirm establishment
2-56     of the district.
2-57           (b)  Section 41.001(a), Election Code, does not apply to a
2-58     confirmation election held as provided by this section.
2-59           (c)  If a majority of the votes cast at the election favor
2-60     the establishment of the district, the temporary directors shall
2-61     declare the district created.  If a majority of the votes cast at
2-62     the election are against the establishment of the district, the
2-63     temporary directors shall declare the district defeated.  The
2-64     temporary directors shall file a copy of the election results with
2-65     the Texas Natural Resource Conservation Commission.
2-66           (d)  If a majority of the votes cast at the election are
2-67     against the establishment of the district, the temporary directors
2-68     may call and hold a subsequent election to confirm establishment of
2-69     the district.  A subsequent election may not be held earlier than
 3-1     the first anniversary of the date on which the previous election
 3-2     was held.  If the establishment of the district is not confirmed at
 3-3     an election held under this section on or before the second
 3-4     anniversary of the effective date of this Act, this Act expires.
 3-5           (e)  Except as provided by this section, a confirmation
 3-6     election must be conducted as provided by Sections 36.017(b)-(h),
 3-7     Water Code, and the Election Code.
 3-8           SECTION 10.  CHANGE OF DISTRICT NAME. The board of directors
 3-9     by resolution may change the name of the district if the district
3-10     annexes territory.
3-11           SECTION 11.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-12     (a)  The proper and legal notice of the intention to introduce this
3-13     Act, setting forth the general substance of this Act, has been
3-14     published as provided by law, and the notice and a copy of this Act
3-15     have been furnished to all persons, agencies, officials, or
3-16     entities to which they are required to be furnished by the
3-17     constitution and other laws of this state, including the governor,
3-18     who has submitted the notice and Act to the Texas Natural Resource
3-19     Conservation Commission.
3-20           (b)  The Texas Natural Resource Conservation Commission has
3-21     filed its recommendations relating to this Act with the governor,
3-22     lieutenant governor, and speaker of the house of representatives
3-23     within the required time.
3-24           (c)  All requirements of the constitution and laws of this
3-25     state and the rules and procedures of the legislature with respect
3-26     to the notice, introduction, and passage of this Act are fulfilled
3-27     and accomplished.
3-28           SECTION 12.  EFFECTIVE DATE. This Act takes effect
3-29     immediately if it receives a vote of two-thirds of all the members
3-30     elected to each house, as provided by Section 39, Article III,
3-31     Texas Constitution.  If this Act does not receive the vote
3-32     necessary for immediate effect, this Act takes effect September 1,
3-33     2001.
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