1-1 By: Coret, Shields (Senate Sponsor - Wentworth) H.B. No. 2005 1-2 (In the Senate - Received from the House April 30, 2001; 1-3 April 30, 2001, read first time and referred to Committee on 1-4 Natural Resources; May 11, 2001, reported favorably, as amended, by 1-5 the following vote: Yeas 4, Nays 0; May 11, 2001, sent to 1-6 printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Barrientos 1-8 Amend H.B. 2005 (House engrossment) in SECTION 2 of the bill, 1-9 after Subdivision (3) (page 1, between lines 39 and 40), by 1-10 inserting the following: 1-11 (4) "Public water supply well" means a well from which 1-12 all the groundwater produced is produced for a public water system 1-13 having more than 250 service connections for municipal use. 1-14 A BILL TO BE ENTITLED 1-15 AN ACT 1-16 relating to the creation, administration, powers, duties, 1-17 operation, and financing of the Trinity Glen Rose Groundwater 1-18 Conservation District. 1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-20 SECTION 1. CREATION. (a) A conservation and reclamation 1-21 district, to be known as the Trinity Glen Rose Groundwater 1-22 Conservation District, is created in that part of Bexar County 1-23 overlying the Trinity Aquifer, subject to approval at a 1-24 confirmation election under Section 9 of this Act. The district is 1-25 a governmental agency and a body politic and corporate. 1-26 (b) The district is created under and is essential to 1-27 accomplish the purposes of Section 59, Article XVI, Texas 1-28 Constitution. 1-29 (c) The purpose of the district is to develop and implement 1-30 regulatory, conservation, and recharge programs that preserve and 1-31 protect the underground water resources located within the 1-32 district. 1-33 SECTION 2. DEFINITIONS. In this Act: 1-34 (1) "Board" means the board of directors of the 1-35 district. 1-36 (2) "District" means the Trinity Glen Rose Groundwater 1-37 Conservation District. 1-38 (3) "Commission" means the Texas Natural Resource 1-39 Conservation Commission. 1-40 SECTION 3. BOUNDARY. (a) The district includes the 1-41 territory contained within that part of Bexar County defined as 1-42 follows: 1-43 Beginning at the Bexar County - Kendall County - Bandera County 1-44 line, said point being at the intersect of Balcones Creek; 1-45 Thence Southwest along the Bexar County - Bandera County line to 1-46 the point of intersect of the Bexar County - Bandera County and 1-47 Medina County line; 1-48 Thence South along the Bexar County - Medina County line to the 1-49 point of intersect of Bexar County - Medina County line and Farm to 1-50 Market Road 471; 1-51 Thence Southeast along the centerline of Farm to Market Road 471 to 1-52 the point of intersect with the centerline of State Highway Loop 1-53 1604; 1-54 Thence Northeast and continuing East along the centerline of State 1-55 Highway Loop 1604 to the point of intersect of the centerline of 1-56 State Highway Loop 1604 and the centerline of the Union Pacific 1-57 Railway line in Northeast Bexar County, said point being 1-58 approximately 3000 feet Northwest of Farm to Market Road 2252 also 1-59 known as Nacogdoches Road; 1-60 Thence East-Northeast along the centerline of the Union Pacific 1-61 Railway to the point of intersect of the Union Pacific Railway and 1-62 the Bexar County - Comal County Line, said point being the 1-63 intersect of Cibolo Creek; 2-1 Thence Northwest and West along the centerline of Cibolo Creek to 2-2 the confluence with Balcones Creek in Northwest Bexar County; 2-3 Thence West-Southwest along Balcones Creek to the point of 2-4 intersect of Balcones Creek and the Bexar County - Kendall County - 2-5 Bandera County line, said intersect being the point of beginning. 2-6 (b) The district may add territory inside the boundaries of 2-7 the Edwards Aquifer Authority with the consent of the board of 2-8 directors of the authority in the manner provided by Subchapter J, 2-9 Chapter 36, Water Code. 2-10 SECTION 4. FINDING OF BENEFIT. All of the land and other 2-11 property included within the boundaries of the district will be 2-12 benefited by the works and projects that are to be accomplished by 2-13 the district under powers conferred by Section 59, Article XVI, 2-14 Texas Constitution. The district is created to serve a public use 2-15 and benefit. 2-16 SECTION 5. POWERS. (a) The district has all of the rights, 2-17 powers, privileges, authority, functions, and duties provided by 2-18 the general law of this state, including Chapter 36, Water Code, 2-19 applicable to groundwater conservation districts created under 2-20 Section 59, Article XVI, Texas Constitution. 2-21 (b) This Act prevails over any provision of general law that 2-22 is in conflict or inconsistent with this Act. 2-23 (c) The disqualification of directors of the district is 2-24 governed by Section 49.052, Water Code. 2-25 SECTION 6. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER 2-26 DISTRICTS. (a) The temporary directors shall draw five numbered, 2-27 single-member districts for electing directors. 2-28 (b) For the conduct of an election under Section 9 or 2-29 Section 12 of this Act, the board shall provide for one director to 2-30 be elected from each of the single-member districts. A director 2-31 elected from a single-member district represents the residents of 2-32 that single-member district. 2-33 (c) To be qualified to be a candidate for or to serve as 2-34 director, a person must be a registered voter in the single-member 2-35 district that the person represents or seeks to represent. 2-36 (d) The initial or permanent directors may revise the 2-37 districts as necessary or appropriate. The board shall revise each 2-38 single-member district after each federal decennial census to 2-39 reflect population changes. At the first election after the 2-40 single-member districts are revised, a new director shall be 2-41 elected from each district. The directors shall draw lots to 2-42 determine which two directors serve two-year terms and which three 2-43 directors serve four-year terms. 2-44 SECTION 7. BOARD OF DIRECTORS. (a) The district is 2-45 governed by a board of five directors. 2-46 (b) A vacancy in the office of director shall be filled by 2-47 appointment of the board until the next election for directors. At 2-48 the next election for directors, a person shall be elected to fill 2-49 the position. If the position is not scheduled to be filled at the 2-50 election, the person elected to fill the position shall serve only 2-51 for the remainder of the unexpired term. 2-52 (c) To be eligible to serve as director, a person must be a 2-53 registered voter in the district. 2-54 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 2-55 directors consists of: 2-56 (1) Jack M. Mcginnis --Voting District No. 1 2-57 (2) John J. Waldrop --Voting District No. 2 2-58 (3) Daniel Kasprowicz --Voting District No. 3 2-59 (4) Gary A. Gibbons --Voting District No. 4 2-60 (5) Steve A. Peirce --Voting District No. 5 2-61 (b) If a temporary director fails to qualify for office, the 2-62 temporary directors who have qualified shall appoint a person to 2-63 fill the vacancy. If at any time there are fewer than three 2-64 qualified temporary directors, the commission shall appoint the 2-65 necessary number of persons to fill all vacancies on the board. 2-66 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 2-67 (a) The temporary board of directors shall call and hold an 2-68 election to confirm establishment of the district and to elect 2-69 initial directors. 3-1 (b) At the confirmation and initial directors' election, the 3-2 temporary board of directors shall have placed on the ballot the 3-3 names of the persons serving as temporary directors who intend to 3-4 run for an initial director's position together with the name of 3-5 any candidate filing for an initial director's position and blank 3-6 spaces to write in the names of other persons. 3-7 (c) Section 41.001(a), Election Code, does not apply to a 3-8 confirmation and initial directors' election held as provided by 3-9 this section. 3-10 (d) If a majority of the votes cast at the election favor 3-11 the creation of the district, the temporary directors shall declare 3-12 the district created. If a majority of the votes cast at the 3-13 election oppose the creation of the district, the temporary 3-14 directors shall declare the district defeated. The temporary 3-15 directors shall file a copy of the election results with the 3-16 commission. 3-17 (e) If a majority of the votes cast at the election oppose 3-18 the creation of the district, the temporary directors may call and 3-19 hold subsequent elections to confirm establishment of the district. 3-20 A subsequent election may not be held earlier than the first 3-21 anniversary after the date on which the previous election was held. 3-22 If the district is not created within three years after the 3-23 effective date of this Act, this Act expires. 3-24 (f) Except as provided by this section, a confirmation 3-25 election must be conducted as provided by Sections 36.017(b)-(h), 3-26 Water Code, and the Election Code. 3-27 SECTION 10. INITIAL DIRECTORS. If creation of the district 3-28 is confirmed under Section 9 of this Act, the initial directors 3-29 shall draw lots to determine which two initial directors serve 3-30 two-year terms and which three initial directors serve four-year 3-31 terms. 3-32 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors 3-33 serve until initial directors are elected under Section 9 of this 3-34 Act or until this Act expires under Section 9(e) of this Act, 3-35 whichever occurs earlier. 3-36 (b) Initial directors serve until permanent directors are 3-37 elected under Section 12 of this Act. 3-38 (c) Permanent directors serve staggered four-year terms. 3-39 (d) A director serves until the director's successor has 3-40 qualified. 3-41 (e) Each director must qualify to serve as director in the 3-42 manner provided by Section 36.055, Water Code. 3-43 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in 3-44 the second year after the year in which the district is authorized 3-45 to be created at a confirmation election, an election shall be held 3-46 in the district on the first Saturday in May every two years to 3-47 elect the appropriate number of directors to the board. 3-48 SECTION 13. DISTRICT FINANCES. (a) Except as provided by 3-49 Subsection (i) of this section, the board may impose an operation 3-50 and maintenance tax if approved by a majority of the qualified 3-51 voters voting at an election called and held for that purpose in 3-52 the manner provided by Section 36.201, Water Code. 3-53 (b) Except as provided by Subsection (i) of this section, 3-54 the board of directors may impose reasonable fees on each nonexempt 3-55 well in the district. The fees may be assessed annually, based on: 3-56 (1) the size of column pipe used in the well; 3-57 (2) the production capacity of the well; or 3-58 (3) actual, authorized, or anticipated pumpage. 3-59 (c) The board may use fees as a regulatory mechanism or a 3-60 revenue-producing mechanism. Not later than December 1, 2003, the 3-61 board shall adopt rules issuing appropriate recharge credits to 3-62 persons in the district who pay fees or taxes to the district and 3-63 who enhance, supplement, improve, or prevent pollution of recharge 3-64 of the Trinity Aquifer. 3-65 (d) The board shall adopt rules regarding the fee rates, the 3-66 manner and form for filing reports of fees, and the manner of 3-67 collecting fees. 3-68 (e) To secure payment of a fee imposed under this section, a 3-69 lien attaches to the property on which the well is located. The 4-1 lien has the same priority and characteristics as a lien for 4-2 district taxes. The district may use the lien and all other powers 4-3 that it possesses to collect the payment of the fee. 4-4 (f) The district may use fees or taxes collected under this 4-5 section to pay for the district's management and operation and to 4-6 pay all or part of the principal of and interest on district bonds 4-7 or notes. 4-8 (g) The board shall use fees or taxes collected under this 4-9 section to pay for: 4-10 (1) studies and planning required to develop a 4-11 scientifically based regulatory program; 4-12 (2) soil and water conservation measures, including 4-13 water-retarding structures and brush management and the 4-14 implementation of other best management practices to address 4-15 natural resource concerns in the district; 4-16 (3) direct installation of water conservation devices 4-17 and early retirement of older devices; 4-18 (4) educational material relating to soil and water 4-19 conservation; and 4-20 (5) enforcement programs or regulatory programs. 4-21 (h) The district may spend fees or taxes for the purposes 4-22 described by Subsection (g)(2) of this section independently or in 4-23 conjunction with other natural resource programs in the district. 4-24 (i) If the district imposes a tax under this section, the 4-25 district may not impose a fee. If the district imposes a fee under 4-26 this section, the district may not impose a tax. 4-27 SECTION 14. ADDITIONAL REGULATORY AUTHORITY. (a) The board 4-28 may require all or certain types of wells to be registered with the 4-29 district. 4-30 (b) Notwithstanding Section 36.117, Water Code: 4-31 (1) the production capacity for an exempt well in the 4-32 district is 10,000 gallons per day or less; and 4-33 (2) an exempt domestic well in the district may not 4-34 serve more than five households. 4-35 (c) A well on or serving a tract of land of less than five 4-36 acres that is installed after the effective date of this Act, 4-37 regardless of whether a plat is required or whether the production 4-38 capacity of the well is less than 10,000 gallons per day, is not an 4-39 exempt well. 4-40 (d) This section does not affect the exempt status of public 4-41 water supply wells under Section 16 of this Act. 4-42 (e) The district may: 4-43 (1) construct, implement, and maintain best management 4-44 practices in the district; 4-45 (2) engage in and promote the acceptance of best 4-46 management practices through education efforts sponsored by the 4-47 district; 4-48 (3) include the construction and maintenance of 4-49 terraces and other structures on land in the district; 4-50 (4) engage in and promote land treatment measures for 4-51 soil conservation and improvement; and 4-52 (5) prepare and implement a plan for the control and 4-53 management of brush within the district. 4-54 SECTION 15. PROHIBITED ACTS. (a) The district may not: 4-55 (1) sell, donate, lease, or otherwise grant rights in 4-56 or to underground water located in the district unless the action 4-57 has been approved by a majority vote of the residents of the 4-58 district; 4-59 (2) enter into any contract or engage in any action to 4-60 purchase, sell, transport, and distribute surface water or 4-61 groundwater for any purpose other than a program for aquifer 4-62 storage and recovery of water; 4-63 (3) assess an ad valorem property tax for 4-64 administrative, operation, and maintenance expenses in excess of 4-65 three cents for each $100 valuation; or 4-66 (4) impose a tax on or charge a fee to any person in 4-67 the district who does not obtain water from the Trinity Aquifer. 4-68 (b) In this section, "person" has the meaning assigned by 4-69 Section 311.005, Government Code. 5-1 SECTION 16. PUBLIC WATER SUPPLY WELLS. (a) A public water 5-2 supply well is exempt from regulation by the district if: 5-3 (1) the well is in existence on the effective date of 5-4 this Act and drilled in compliance with technical requirements in 5-5 effect at the time the well was drilled; or 5-6 (2) the commission has approved plans submitted for 5-7 the installation of the well before the effective date of this Act 5-8 and the installation of the well is completed in accordance with 5-9 the approved plans and the commission's technical requirements 5-10 before the first anniversary of the effective date of this Act. 5-11 (b) The owner of a public water supply well shall register 5-12 the well with the district and submit reports to the district. A 5-13 public water supply well is subject to the district's prohibitions 5-14 on the waste of groundwater. 5-15 (c) The district may not require a construction or operating 5-16 permit for a public water supply well approved by the commission. 5-17 (d) Fees a retail public utility pays to the district shall 5-18 be collected directly from the customers of the utility as a 5-19 regulatory fee and shown as a separate line item on the customer's 5-20 bill. 5-21 SECTION 17. EXEMPTION FOR MUNICIPAL SUPPLIER OR CONSUMER OF 5-22 WATER FROM SOURCE OTHER THAN TRINITY AQUIFER. The district may not 5-23 impose a fee or tax on: 5-24 (1) a person who provides water to a municipality, at 5-25 least 50 percent of which annually is obtained from a source other 5-26 than the Trinity Aquifer; or 5-27 (2) a resident of or other water user within a 5-28 municipality that obtains its water from a person described by 5-29 Subdivision (1), whose source of water is the municipality. 5-30 SECTION 18. BONDS. The district may not issue bonds before 5-31 September 1, 2004. 5-32 SECTION 19. MUNICIPALITY'S OPTION TO CHOOSE DISTRICT. (a) 5-33 If any part of a municipality, a part of which is included within 5-34 the boundaries of the district, is included within the boundaries 5-35 of one or more other groundwater conservation districts created by 5-36 special Act of the 77th Legislature, Regular Session, 2001, and 5-37 confirmed at a subsequent election called for the purpose, the 5-38 municipality, not later than August 31, 2004, at an election called 5-39 for the purpose, may vote to choose the one groundwater 5-40 conservation district of which it will be a part. 5-41 (b) If, after a municipality has held an election authorized 5-42 by Subsection (a), another groundwater conservation district 5-43 created by special Act of the 77th Legislature, Regular Session, 5-44 2001, that includes any part of the municipality is confirmed at an 5-45 election called for the purpose and if the district of which the 5-46 municipality has chosen to be a part has not issued bonds secured 5-47 by ad valorem taxes on any land within the boundaries of the 5-48 municipality, the municipality may hold another election under this 5-49 section to choose whether to remain within the groundwater 5-50 conservation district of which it has chosen to be a part or to 5-51 separate from that district and become part of the newly confirmed 5-52 groundwater conservation district. The district may hold another 5-53 election under this section, regardless of the number of previous 5-54 elections under this section, at any time a district described by 5-55 Subsection (a) is confirmed. 5-56 (c) An election under this section shall be held according 5-57 to the requirements of the Election Code, except to the extent of 5-58 any conflict with the requirements of this section. Section 5-59 41.001(a), Election Code, does not apply to an election under this 5-60 section. 5-61 (d) This section and the results of an election held under 5-62 this section prevail over the provisions of any other Act of the 5-63 77th Legislature, Regular Session, 2001, regardless of the relative 5-64 dates on which this Act and the other Act may be enacted and become 5-65 law. 5-66 SECTION 20. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 5-67 (a) The proper and legal notice of the intention to introduce this 5-68 Act, setting forth the general substance of this Act, has been 5-69 published as provided by law, and the notice and a copy of this Act 6-1 have been furnished to all persons, agencies, officials, or 6-2 entities to which they are required to be furnished by the 6-3 constitution and other laws of this state, including the governor, 6-4 who has submitted the notice and Act to the commission. 6-5 (b) The commission has filed its recommendations relating to 6-6 this Act with the governor, lieutenant governor, and speaker of the 6-7 house of representatives within the required time. 6-8 (c) All requirements of the constitution and laws of this 6-9 state and the rules and procedures of the legislature with respect 6-10 to the notice, introduction, and passage of this Act are fulfilled 6-11 and accomplished. 6-12 SECTION 21. EFFECTIVE DATE. This Act takes effect 6-13 immediately if it receives a vote of two-thirds of all the members 6-14 elected to each house, as provided by Section 39, Article III, 6-15 Texas Constitution. If this Act does not receive the vote 6-16 necessary for immediate effect, this Act takes effect September 1, 6-17 2001. 6-18 * * * * *