By Corte H.B. No. 2005 77R6813 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 Trinity Glen Rose 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 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. 3-23 SECTION 6. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER 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 of directors 4-9 shall revise each single-member district after each federal 4-10 decennial census to reflect population changes. At the first 4-11 election after the single-member districts are revised, a new 4-12 director shall be elected from each district. The directors shall 4-13 draw lots to determine which two directors serve two-year terms and 4-14 which three 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) __________ --Voting District No. 1 5-1 (2) __________ --Voting District No. 2 5-2 (3) __________ --Voting District No. 3 5-3 (4) __________ --Voting District No. 4 5-4 (5) __________ --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. 5-10 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 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 of directors may impose 7-9 an operation and maintenance tax if approved by a majority of the 7-10 qualified voters voting at an election called and held for that 7-11 purpose in 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. 7-20 (d) The board shall adopt rules regarding the fee rates, the 7-21 manner and form for filing reports of fees, and the manner of 7-22 collecting fees. 7-23 (e) To secure payment of a fee imposed under this section, a 7-24 lien attaches to the property on which the well is located. The 7-25 lien has the same priority and characteristics as a lien for 7-26 district taxes. The district may use the lien and all other powers 7-27 that it possesses to collect the payment of the fee. 8-1 (f) The district may use fees collected under this section 8-2 to pay for the district's management and operation and to pay all 8-3 or part of the principal of and interest on district bonds or 8-4 notes. 8-5 (g) The board shall use fees collected under this section to 8-6 pay for: 8-7 (1) studies and planning required to develop a 8-8 scientifically based regulatory program; 8-9 (2) soil and water conservation measures, including 8-10 water-retarding structures and brush management and the 8-11 implementation of other best management practices to address 8-12 natural resource concerns in the district; 8-13 (3) direct installation of water conservation devices 8-14 and early retirement of older devices; 8-15 (4) educational material relating to soil and water 8-16 conservation; and 8-17 (5) enforcement programs or regulatory programs. 8-18 (h) The district may spend fees for the purposes described 8-19 by Subsection (g)(2) of this section independently or in 8-20 conjunction with other natural resource programs in the district. 8-21 (i) If the district imposes a tax under this section, the 8-22 district may not impose a fee. If the district imposes a fee under 8-23 this section, the district may not impose a tax. 8-24 SECTION 14. ADDITIONAL REGULATORY AUTHORITY. (a) The board 8-25 of directors may require all or certain types of wells to be 8-26 registered with the district. 8-27 (b) Notwithstanding Section 36.117, Water Code: 9-1 (1) the production capacity for an exempt well in the 9-2 district is 10,000 gallons per day or less; and 9-3 (2) an exempt domestic well in the district may not 9-4 serve more than five households. 9-5 (c) A well on or serving a tract of land of less than five 9-6 acres that is installed after the effective date of this Act, 9-7 regardless of whether a plat is required or whether the production 9-8 capacity of the well is less than 10,000 gallons per day, is not an 9-9 exempt well. 9-10 (d) This section does not affect the exempt status of public 9-11 water supply wells under Section 16 of this Act. 9-12 (e) The district may: 9-13 (1) construct, implement, and maintain best management 9-14 practices in the district; 9-15 (2) engage in and promote the acceptance of best 9-16 management practices through education efforts sponsored by the 9-17 district; 9-18 (3) include the construction and maintenance of 9-19 terraces and other structures on land in the district; 9-20 (4) engage in and promote land treatment measures for 9-21 soil conservation and improvement; and 9-22 (5) prepare and implement a plan for the control and 9-23 management of brush within the district. 9-24 SECTION 15. PROHIBITED ACTS. (a) The district may not: 9-25 (1) sell, donate, lease, or otherwise grant rights in 9-26 or to underground water located in the district unless the action 9-27 has been approved by a majority vote of the residents of the 10-1 district; 10-2 (2) enter into any contract or engage in any action to 10-3 purchase, sell, transport, and distribute surface water or 10-4 groundwater for any purpose other than a program for aquifer 10-5 storage and recovery of water; 10-6 (3) assess an ad valorem property tax for 10-7 administrative, operation, and maintenance expenses in excess of 10-8 three cents for each $100 valuation; or 10-9 (4) impose a tax on or charge a fee to any person in 10-10 the district who does not obtain water from the Trinity Aquifer. 10-11 (b) In this section, "person" has the meaning assigned by 10-12 Section 311.005, Government Code. 10-13 SECTION 16. PUBLIC WATER SUPPLY WELLS. (a) A public water 10-14 supply well is exempt from regulation by the district and from 10-15 payment of fees to the district if: 10-16 (1) the well is in existence on the effective date of 10-17 this Act and drilled in compliance with technical requirements in 10-18 effect at the time the well was drilled; or 10-19 (2) the commission has approved plans submitted for 10-20 the installation of the well before the effective date of this Act 10-21 and the installation of the well is completed in accordance with 10-22 the approved plans and the commission's technical requirements 10-23 before the first anniversary of the effective date of this Act. 10-24 (b) The owner of a public water supply well shall register 10-25 the well with the district and submit reports to the district. A 10-26 public water supply well is subject to the district's prohibitions 10-27 on the waste of groundwater. 11-1 (c) The district may not require a construction or operating 11-2 permit for a public water supply well approved by the commission. 11-3 (d) Fees a retail public utility pays to the district shall 11-4 be collected directly from the customers of the utility as a 11-5 regulatory fee and shown as a separate line item on the customer's 11-6 bill. 11-7 SECTION 17. EXEMPTION FOR MUNICIPAL SUPPLIER OR CONSUMER OF 11-8 WATER FROM SOURCE OTHER THAN TRINITY AQUIFER. The district may not 11-9 impose a fee or tax on: 11-10 (1) a person who provides water to a municipality, at 11-11 least 50 percent of which is obtained from a source other than the 11-12 Trinity Aquifer; or 11-13 (2) a resident of or other water user within a 11-14 municipality that obtains its water from a person described by 11-15 Subdivision (1), whose source of water is the municipality. 11-16 SECTION 18. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 11-17 (a) The proper and legal notice of the intention to introduce this 11-18 Act, setting forth the general substance of this Act, has been 11-19 published as provided by law, and the notice and a copy of this Act 11-20 have been furnished to all persons, agencies, officials, or 11-21 entities to which they are required to be furnished by the 11-22 constitution and other laws of this state, including the governor, 11-23 who has submitted the notice and Act to the commission. 11-24 (b) The commission has filed its recommendations relating to 11-25 this Act with the governor, lieutenant governor, and speaker of the 11-26 house of representatives within the required time. 11-27 (c) All requirements of the constitution and laws of this 12-1 state and the rules and procedures of the legislature with respect 12-2 to the notice, introduction, and passage of this Act are fulfilled 12-3 and accomplished. 12-4 SECTION 19. EFFECTIVE DATE. This Act takes effect 12-5 immediately if it receives a vote of two-thirds of all the members 12-6 elected to each house, as provided by Section 39, Article III, 12-7 Texas Constitution. If this Act does not receive the vote 12-8 necessary for immediate effect, this Act takes effect September 1, 12-9 2001.