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. 3-34 * * * * *