1-1                                   AN ACT
 1-2     relating to the creation, administration, powers, duties,
 1-3     operation, and financing of the Trinity Glen Rose Groundwater
 1-4     Conservation District.
 1-6           SECTION 1.  CREATION.  (a)  A conservation and reclamation
 1-7     district, to be known as the Trinity Glen Rose Groundwater
 1-8     Conservation District, is created in that part of Bexar County
 1-9     overlying the Trinity Aquifer, subject to approval at a
1-10     confirmation election under Section 9 of this Act.  The district is
1-11     a governmental agency and a body politic and 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           (c)  The purpose of the district is to develop and implement
1-16     regulatory, conservation, and recharge programs that preserve and
1-17     protect the underground water resources located within the
1-18     district.
1-19           SECTION 2.  DEFINITIONS.  In this Act:
1-20                 (1)  "Board" means the board of directors of the
1-21     district.
1-22                 (2)  "District" means the Trinity Glen Rose Groundwater
1-23     Conservation District.
1-24                 (3)  "Commission" means the Texas Natural Resource
 2-1     Conservation Commission.
 2-2           SECTION 3.  BOUNDARY.  (a)  The district includes the
 2-3     territory contained within that part of Bexar County defined as
 2-4     follows:
 2-5     Beginning at the Bexar County - Kendall County - Bandera County
 2-6     line, said point being at the intersect of Balcones Creek;
 2-7     Thence Southwest along the Bexar County - Bandera County line to
 2-8     the point of intersect of the Bexar County - Bandera County and
 2-9     Medina County line;
2-10     Thence South along the Bexar County - Medina County line to the
2-11     point of intersect of Bexar County - Medina County line and Farm to
2-12     Market Road 471;
2-13     Thence Southeast along the centerline of Farm to Market Road 471 to
2-14     the point of intersect with the centerline of State Highway Loop
2-15     1604;
2-16     Thence Northeast and continuing East along the centerline of State
2-17     Highway Loop 1604 to the point of intersect of the centerline of
2-18     State Highway Loop 1604 and the centerline of the Union Pacific
2-19     Railway line in Northeast Bexar County, said point being
2-20     approximately 3000 feet Northwest of Farm to Market Road 2252 also
2-21     known as Nacogdoches Road;
2-22     Thence East-Northeast along the centerline of the Union Pacific
2-23     Railway to the point of intersect of the Union Pacific Railway and
2-24     the Bexar County - Comal County Line, said point being the
2-25     intersect of Cibolo Creek;
2-26     Thence Northwest and West along the centerline of Cibolo Creek to
2-27     the confluence with Balcones Creek in Northwest Bexar County;
 3-1     Thence West-Southwest along Balcones Creek to the point of
 3-2     intersect of Balcones Creek and the Bexar County - Kendall County -
 3-3     Bandera County line, said intersect being the point of beginning.
 3-4           (b)  The district may add territory inside the boundaries of
 3-5     the Edwards Aquifer Authority with the consent of the board of
 3-6     directors of the authority in the manner provided by Subchapter J,
 3-7     Chapter 36, Water Code.
 3-8           SECTION 4.  FINDING OF BENEFIT.  All of the land and other
 3-9     property included within the boundaries of the district will be
3-10     benefited by the works and projects that are to be accomplished by
3-11     the district under powers conferred by Section 59, Article XVI,
3-12     Texas Constitution.  The district is created to serve a public use
3-13     and benefit.
3-14           SECTION 5.  POWERS.  (a)  The district has all of the rights,
3-15     powers, privileges, authority, functions, and duties provided by
3-16     the general law of this state, including Chapter 36, Water Code,
3-17     applicable to groundwater conservation districts created under
3-18     Section 59, Article XVI, Texas Constitution.
3-19           (b)  This Act prevails over any provision of general law that
3-20     is in conflict or inconsistent with this Act.
3-21           (c)  The disqualification of directors of the district is
3-22     governed by Section 49.052, Water Code.
3-24     DISTRICTS. (a)  The temporary directors shall draw five numbered,
3-25     single-member districts for electing directors.
3-26           (b)  For the conduct of an election under Section 9 or
3-27     Section 12 of this Act, the board shall provide for one director to
 4-1     be elected from each of the single-member districts.  A director
 4-2     elected from a single-member district represents the residents of
 4-3     that single-member district.
 4-4           (c)  To be qualified to be a candidate for or to serve as
 4-5     director, a person must be a registered voter in the single-member
 4-6     district that the person represents or seeks to represent.
 4-7           (d)  The initial or permanent directors may revise the
 4-8     districts as necessary or appropriate.  The board shall revise each
 4-9     single-member district after each federal decennial census to
4-10     reflect population changes.  At the first election after the
4-11     single-member districts are revised, a new director shall be
4-12     elected from each district.  The directors shall draw lots to
4-13     determine which two directors serve two-year terms and which three
4-14     directors serve four-year terms.
4-15           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
4-16     governed by a board of five directors.
4-17           (b)  A vacancy in the office of director shall be filled by
4-18     appointment of the board until the next election for directors.  At
4-19     the next election for directors, a person shall be elected to fill
4-20     the position.  If the position is not scheduled to be filled at the
4-21     election, the person elected to fill the position shall serve only
4-22     for the remainder of the unexpired term.
4-23           (c)  To be eligible to serve as director, a person must be a
4-24     registered voter in the district.
4-25           SECTION 8.  TEMPORARY DIRECTORS.  (a)  The temporary board of
4-26     directors consists of:
4-27                 (1)  Jack M. Mcginnis --Voting District No. 1
 5-1                 (2)  John J. Waldrop --Voting District No. 2
 5-2                 (3)  Daniel Kasprowicz --Voting District No. 3
 5-3                 (4)  Gary A. Gibbons --Voting District No. 4
 5-4                 (5)  Steve A. Peirce --Voting District No. 5
 5-5           (b)  If a temporary director fails to qualify for office, the
 5-6     temporary directors who have qualified shall appoint a person to
 5-7     fill the vacancy.  If at any time there are fewer than three
 5-8     qualified temporary directors, the commission shall appoint the
 5-9     necessary number of persons to fill all vacancies on the board.
5-11     (a)  The temporary board of directors shall call and hold an
5-12     election to confirm establishment of the district and to elect
5-13     initial directors.
5-14           (b)  At the confirmation and initial directors' election, the
5-15     temporary board of directors shall have  placed on the ballot the
5-16     names of the persons serving as temporary directors who intend to
5-17     run for an initial director's position together with the name of
5-18     any candidate filing for an initial director's  position and blank
5-19     spaces to write in the names of other persons.
5-20           (c)  Section 41.001(a), Election Code, does not apply to a
5-21     confirmation and initial directors' election held as provided by
5-22     this section.
5-23           (d)  If a majority of the votes cast at the election favor
5-24     the creation of the district, the temporary directors shall declare
5-25     the district created.  If a majority of the votes cast at the
5-26     election oppose the creation of the district, the temporary
5-27     directors shall declare the district defeated.  The temporary
 6-1     directors shall file a copy of the election results with the
 6-2     commission.
 6-3           (e)  If a majority of the votes cast at the election oppose
 6-4     the creation of the district, the temporary directors may call and
 6-5     hold subsequent elections to confirm establishment of the district.
 6-6     A subsequent election may not be held earlier than the first
 6-7     anniversary after the date on which the previous election was held.
 6-8     If the district is not created within three years after the
 6-9     effective date of this Act, this Act expires.
6-10           (f)  Except as provided by this section, a confirmation
6-11     election must be conducted as provided by Sections 36.017(b)-(h),
6-12     Water Code, and the Election Code.
6-13           SECTION 10.  INITIAL DIRECTORS.  If creation of the district
6-14     is confirmed under Section 9 of this Act, the initial directors
6-15     shall draw lots to determine which two initial directors serve
6-16     two-year terms and which three initial directors serve four-year
6-17     terms.
6-18           SECTION 11.  SERVICE OF DIRECTORS.  (a)  Temporary directors
6-19     serve until initial directors are elected under Section 9 of this
6-20     Act or until this Act expires under Section 9(e) of this Act,
6-21     whichever occurs earlier.
6-22           (b)  Initial directors serve until permanent directors are
6-23     elected under Section 12 of this Act.
6-24           (c)  Permanent directors serve staggered four-year terms.
6-25           (d)  A director serves until the director's successor has
6-26     qualified.
6-27           (e)  Each director must qualify to serve as director in the
 7-1     manner provided by Section 36.055, Water Code.
 7-2           SECTION 12.  ELECTION OF PERMANENT DIRECTORS.  Beginning in
 7-3     the second year after the year in which the district is authorized
 7-4     to be created at a confirmation election, an election shall be held
 7-5     in the district on the first Saturday in May every two years to
 7-6     elect the appropriate number of directors to the board.
 7-7           SECTION 13.  DISTRICT FINANCES.  (a)  Except as provided by
 7-8     Subsection (i) of this section, the board may impose an operation
 7-9     and maintenance tax if approved by a majority of the qualified
7-10     voters voting at an election called and held for that purpose in
7-11     the manner provided by Section 36.201, Water Code.
7-12           (b)  Except as provided by Subsection (i) of this section,
7-13     the board of directors may impose reasonable fees on each nonexempt
7-14     well in the district.  The fees may be assessed annually, based on:
7-15                 (1)  the size of column pipe used in the well;
7-16                 (2)  the production capacity of the well; or
7-17                 (3)  actual, authorized, or anticipated pumpage.
7-18           (c)  The board may use fees as a regulatory mechanism or a
7-19     revenue-producing mechanism.  Not later than December 1, 2003, the
7-20     board shall adopt rules issuing appropriate recharge credits to
7-21     persons in the district who pay fees or taxes to the district and
7-22     who enhance, supplement, improve, or prevent pollution of recharge
7-23     of the Trinity Aquifer.
7-24           (d)  The board shall adopt rules regarding the fee rates, the
7-25     manner and form for filing reports of fees, and the manner of
7-26     collecting fees.
7-27           (e)  To secure payment of a fee imposed under this section, a
 8-1     lien attaches to the property on which the well is located.  The
 8-2     lien has the same priority and characteristics as a lien for
 8-3     district taxes.  The district may use the lien and all other powers
 8-4     that it possesses to collect the payment of the fee.
 8-5           (f)  The district may use fees or taxes collected under this
 8-6     section to pay for the district's management and operation and to
 8-7     pay all or part of the principal of and interest on district bonds
 8-8     or notes.
 8-9           (g)  The board shall use fees or taxes collected under this
8-10     section to pay for:
8-11                 (1)  studies and planning required to develop a
8-12     scientifically based regulatory program;
8-13                 (2)  soil and water conservation measures, including
8-14     water-retarding structures and brush management and the
8-15     implementation of other best management practices to address
8-16     natural resource concerns in the district;
8-17                 (3)  direct installation of water conservation devices
8-18     and early retirement of older devices;
8-19                 (4)  educational material relating to soil and water
8-20     conservation; and
8-21                 (5)  enforcement programs or regulatory programs.
8-22           (h)  The district may spend fees or taxes for the purposes
8-23     described by Subsection (g)(2) of this section independently or in
8-24     conjunction with other natural resource programs in the district.
8-25           (i)  If the district imposes a tax under this section, the
8-26     district may not impose a fee.  If the district imposes a fee under
8-27     this section, the district may not impose a tax.
 9-1           SECTION 14.  ADDITIONAL REGULATORY AUTHORITY.  (a)  The board
 9-2     may require all or certain types of wells to be registered with the
 9-3     district.
 9-4           (b)  Notwithstanding Section 36.117, Water Code:
 9-5                 (1)  the production capacity for an exempt well in the
 9-6     district is 10,000 gallons per day or less;  and
 9-7                 (2)  an exempt domestic well in the district may not
 9-8     serve more than five households.
 9-9           (c)  A well on or serving a tract of land of less than five
9-10     acres that is installed after the effective date of this Act,
9-11     regardless of whether a plat is required or whether the production
9-12     capacity of the well is less than 10,000 gallons per day, is not an
9-13     exempt well.
9-14           (d)  This section does not affect the exempt status of public
9-15     water supply wells under Section 16 of this Act.
9-16           (e)  The district may:
9-17                 (1)  construct, implement, and maintain best management
9-18     practices in the district;
9-19                 (2)  engage in and promote the acceptance of best
9-20     management practices through education efforts sponsored by the
9-21     district;
9-22                 (3)  include the construction and maintenance of
9-23     terraces and other structures on land in the district;
9-24                 (4)  engage in and promote land treatment measures for
9-25     soil conservation and improvement; and
9-26                 (5)  prepare and implement a plan for the control and
9-27     management of brush within the district.
 10-1          SECTION 15.  PROHIBITED ACTS.  (a)  The district may not:
 10-2                (1)  sell, donate, lease, or otherwise grant rights in
 10-3    or to underground water located in the district unless the action
 10-4    has been approved by a majority vote of the residents of the
 10-5    district;
 10-6                (2)  enter into any contract or engage in any action to
 10-7    purchase, sell, transport, and distribute surface water or
 10-8    groundwater for any purpose other than a program for aquifer
 10-9    storage and recovery of water;
10-10                (3)  assess an ad valorem property tax for
10-11    administrative, operation, and maintenance expenses in excess of
10-12    three cents for each $100 valuation; or
10-13                (4)  impose a tax on or charge a fee to any person in
10-14    the district who does not obtain water from the Trinity Aquifer.
10-15          (b)  In this section, "person" has the meaning assigned by
10-16    Section 311.005, Government Code.
10-17          SECTION 16.  PUBLIC WATER SUPPLY WELLS.  (a)  A public water
10-18    supply well is exempt from regulation by the district if:
10-19                (1)  the well is in existence on the effective date of
10-20    this Act and drilled in compliance with technical requirements in
10-21    effect at the time the well was drilled; or
10-22                (2)  the commission has approved plans submitted for
10-23    the installation of the well before the effective date of this Act
10-24    and the installation of the well is completed in accordance with
10-25    the approved plans and the commission's technical requirements
10-26    before the first anniversary of the effective date of this Act.
10-27          (b)  The owner of a public water supply well shall register
 11-1    the well with the district and submit reports to the district.  A
 11-2    public water supply well is subject to the district's prohibitions
 11-3    on the waste of groundwater.
 11-4          (c)  The district may not require a construction or operating
 11-5    permit for a public water supply well approved by the commission.
 11-6          (d)  Fees a retail public utility pays to the district shall
 11-7    be collected directly from the customers of the utility as a
 11-8    regulatory fee and shown as a separate line item on the customer's
 11-9    bill.
11-12    impose a fee or tax on:
11-13                (1)  a person who provides water to a municipality, at
11-14    least 50 percent of which annually is obtained from a source other
11-15    than the Trinity Aquifer; or
11-16                (2)  a resident of or other water user within a
11-17    municipality that obtains its water from a person described by
11-18    Subdivision (1), whose source of water is the municipality.
11-19          SECTION 18.  BONDS. The district may not issue bonds before
11-20    September 1, 2004.
11-22    If any part of a municipality, a part of which is included within
11-23    the boundaries of the district, is included within the boundaries
11-24    of one or more other  groundwater conservation districts created by
11-25    special Act of the 77th Legislature, Regular Session, 2001, and
11-26    confirmed at a subsequent election called for the purpose, the
11-27    municipality, not later than August 31, 2004, at an election called
 12-1    for the purpose, may vote to choose the one groundwater
 12-2    conservation district of which it will be a part.
 12-3          (b)  If, after a municipality has held an election authorized
 12-4    by Subsection (a), another groundwater conservation district
 12-5    created by special Act of the 77th Legislature, Regular Session,
 12-6    2001, that includes any part of the municipality is confirmed at an
 12-7    election called for the purpose and if the district of which the
 12-8    municipality has chosen to be a part has not issued bonds secured
 12-9    by ad valorem taxes on any land within the boundaries of the
12-10    municipality, the municipality may hold another election under this
12-11    section to choose whether to remain within the groundwater
12-12    conservation district of which it has chosen to be a part or to
12-13    separate from that district and become part of the newly confirmed
12-14    groundwater conservation district.  The district may hold another
12-15    election under this section, regardless of the number of previous
12-16    elections under this section, at any time a district described by
12-17    Subsection (a) is confirmed.
12-18          (c)  An election under this section shall be held according
12-19    to the requirements of the Election Code, except to the extent of
12-20    any conflict with the requirements of this section.  Section
12-21    41.001(a), Election Code, does not apply to an election under this
12-22    section.
12-23          (d)  This section and the results of an election held under
12-24    this section prevail over the provisions of any other Act of the
12-25    77th Legislature, Regular Session, 2001, regardless of the relative
12-26    dates on which this Act and the other Act may be enacted and become
12-27    law.
 13-2    (a)  The proper and legal notice of the intention to introduce this
 13-3    Act, setting forth the general substance of this Act, has been
 13-4    published as provided by law, and the notice and a copy of this Act
 13-5    have been furnished to all persons, agencies, officials, or
 13-6    entities to which they are required to be furnished by the
 13-7    constitution and other laws of this state, including the governor,
 13-8    who has submitted the notice and Act to the commission.
 13-9          (b)  The commission has filed its recommendations relating to
13-10    this Act with the governor, lieutenant governor, and speaker of the
13-11    house of representatives within the required time.
13-12          (c)  All requirements of the constitution and laws of this
13-13    state and the rules and procedures of the legislature with respect
13-14    to the notice, introduction, and passage of this Act are fulfilled
13-15    and accomplished.
13-16          SECTION 21.  EFFECTIVE DATE.  This Act takes effect
13-17    immediately if it receives a vote of two-thirds of all the members
13-18    elected to each house, as provided by Section 39, Article III,
13-19    Texas Constitution.  If this Act does not receive the vote
13-20    necessary for immediate effect, this Act takes effect September 1,
13-21    2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2005 was passed by the House on April
         27, 2001, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 2005 on May 24, 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. 2005 on May 27, 2001, by a
         non-record vote.
                                                 Chief Clerk of the House
               I certify that H.B. No. 2005 was passed by the Senate, with
         amendments, on May 23, 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. 2005 on May 27, 2001, by the following
         vote:  Yeas 30, Nays 0, 1 present, not voting.
                                                 Secretary of the Senate
         APPROVED:  __________________________