By Shields H.B. No. 2014 77R1412 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 Southern Trinity 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 groundwater conservation 1-7 district, to be known as the Southern Trinity Groundwater 1-8 Conservation District, is created in Bexar County, subject to 1-9 approval at a confirmation election under Section 10 of this Act. 1-10 The district is a governmental agency and a body politic and 1-11 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 SECTION 2. DEFINITION. In this Act, "district" means the 1-16 Southern Trinity Groundwater Conservation District. 1-17 SECTION 3. BOUNDARIES. The boundaries of the district are 1-18 coextensive with the boundaries of that part of the Trinity Aquifer 1-19 that lies within the boundaries of Bexar County. 1-20 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature 1-21 finds that the boundaries and field notes of the district form a 1-22 closure. A mistake in the field notes or in copying the field 1-23 notes in the legislative process does not affect the organization, 1-24 existence, or validity of the district, the right of the district 2-1 to levy and collect taxes, or the legality or operation of the 2-2 district or its governing body. 2-3 SECTION 5. FINDING OF BENEFIT. All of the land and other 2-4 property included within the boundaries of the district will be 2-5 benefited by the works and projects that are to be accomplished by 2-6 the district under powers conferred by Section 59, Article XVI, 2-7 Texas Constitution. The district is created to serve a public use 2-8 and benefit. 2-9 SECTION 6. GENERAL POWERS. (a) The district has all of the 2-10 rights, powers, privileges, authority, functions, and duties 2-11 provided by the general law of this state, including Chapter 36, 2-12 Water Code, applicable to groundwater conservation districts 2-13 created under Section 59, Article XVI, Texas Constitution. This 2-14 Act prevails over any provision of general law that is in conflict 2-15 or inconsistent with this Act. 2-16 (b) Notwithstanding Subsection (a), the following provisions 2-17 prevail over a conflicting or inconsistent provision of this Act: 2-18 (1) Sections 36.1071-36.108, Water Code; 2-19 (2) Sections 36.159-36.161, Water Code; and 2-20 (3) Subchapter I, Chapter 36, Water Code. 2-21 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed 2-22 by a board of five directors. 2-23 (b) Temporary directors serve until initial directors are 2-24 elected under Section 10 of this Act. 2-25 (c) Initial directors serve until permanent directors are 2-26 elected under Section 11 of this Act. 2-27 (d) Permanent directors serve staggered four-year terms. 3-1 (e) Each director must qualify to serve as director in the 3-2 manner provided by Section 36.055, Water Code. 3-3 (f) A director serves until the director's successor has 3-4 qualified. 3-5 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 3-6 directors consists of: 3-7 (1) _________________________; 3-8 (2) _________________________; 3-9 (3) _________________________; 3-10 (4) _________________________; and 3-11 (5) _________________________. 3-12 (b) If a temporary director fails to qualify for office, the 3-13 temporary directors who have qualified shall appoint a person to 3-14 fill the vacancy. If at any time there are fewer than three 3-15 qualified temporary directors, the Texas Natural Resource 3-16 Conservation Commission shall appoint the necessary number of 3-17 persons to fill all vacancies on the board. 3-18 SECTION 9. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER 3-19 DISTRICTS. (a) The temporary directors shall draw five numbered, 3-20 single-member districts for electing directors. 3-21 (b) For the conduct of an election under Section 10 or 3-22 Section 11 of this Act, the board shall provide for one director to 3-23 be elected from each of the single-member districts. A director 3-24 elected from a single-member district represents the residents of 3-25 that single-member district. 3-26 (c) To be qualified to be a candidate for or to serve as 3-27 director, a person must be a registered voter in the single-member 4-1 district that the person represents or seeks to represent. 4-2 (d) The initial or permanent directors may revise the 4-3 districts as necessary or appropriate. The board of directors 4-4 shall revise each single-member district after each federal 4-5 decennial census to reflect population changes. At the first 4-6 election after the single-member districts are revised, a new 4-7 director shall be elected from each district. The directors shall 4-8 draw lots to determine which two directors serve two-year terms and 4-9 which three directors serve four-year terms. 4-10 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 4-11 (a) The temporary board of directors shall call and hold an 4-12 election to confirm establishment of the district and to elect 4-13 initial directors. 4-14 (b) At the confirmation and initial directors' election, the 4-15 temporary board of directors shall have placed on the ballot the 4-16 name of any candidate filing for an initial director's position and 4-17 blank spaces to write in the names of other persons. A temporary 4-18 director who is qualified to be a candidate under Sections 7 and 9 4-19 may file for an initial director's position. 4-20 (c) Except as provided by this section, a confirmation and 4-21 initial directors' election must be conducted as provided by 4-22 Sections 36.017(b)-(h), Water Code, and the Election Code. 4-23 SECTION 11. ELECTION OF DIRECTORS. (a) On the first 4-24 Saturday in May of the first even-numbered year after the year in 4-25 which the district is authorized to be created at a confirmation 4-26 election, an election shall be held in the district for the 4-27 election of three directors to serve four-year terms and two 5-1 directors to serve two-year terms. 5-2 (b) On the first Saturday in May of each subsequent second 5-3 year following the election, the appropriate number of directors 5-4 shall be elected. 5-5 SECTION 12. FEES. (a) The board of directors may impose 5-6 reasonable fees on each nonexempt well in the district. The fees 5-7 may be assessed annually, based on: 5-8 (1) the size of column pipe used in the well; 5-9 (2) the production capacity of the well; or 5-10 (3) actual, authorized, or anticipated pumpage. 5-11 (b) The board may use fees as a regulatory mechanism or a 5-12 revenue-producing mechanism. 5-13 (c) The board shall adopt rules regarding the fee rates, the 5-14 manner and form for filing reports of fees, and the manner of 5-15 collecting fees. 5-16 (d) To secure payment of a fee imposed under this section, a 5-17 lien attaches to the property on which the well is located. The 5-18 lien has the same priority and characteristics as a lien for 5-19 district taxes. The district may use the lien and all other powers 5-20 that it possesses to collect the payment of the fee. 5-21 (e) The district may use fees collected under this section 5-22 to pay for the district's management and operation and to pay all 5-23 or part of the principal of and interest on district bonds or 5-24 notes. 5-25 (f) The board shall use fees collected under this section to 5-26 pay for: 5-27 (1) studies and planning required to develop a 6-1 scientifically based regulatory program; 6-2 (2) soil and water conservation measures, including 6-3 water-retarding structures and brush management and the 6-4 implementation of other best management practices to address 6-5 natural resource concerns in the district; 6-6 (3) direct installation of water conservation devices 6-7 and early retirement of older devices; 6-8 (4) educational material relating to soil and water 6-9 conservation; and 6-10 (5) enforcement programs or regulatory programs. 6-11 (g) The district may spend fees for the purposes described 6-12 by Subsection (f)(2) of this section independently or in 6-13 conjunction with other natural resource programs in the district. 6-14 SECTION 13. AD VALOREM TAX PROHIBITED. The board of 6-15 directors may not levy or collect an ad valorem tax. 6-16 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 6-17 The proper and legal notice of the intention to introduce this Act, 6-18 setting forth the general substance of this Act, has been published 6-19 as provided by law, and the notice and a copy of this Act have been 6-20 furnished to all persons, agencies, officials, or entities to which 6-21 they are required to be furnished by the constitution and other 6-22 laws of this state, including the governor, who has submitted the 6-23 notice and Act to the Texas Natural Resource Conservation 6-24 Commission. 6-25 (b) The Texas Natural Resource Conservation Commission has 6-26 filed its recommendations relating to this Act with the governor, 6-27 lieutenant governor, and speaker of the house of representatives 7-1 within the required time. 7-2 (c) All requirements of the constitution and laws of this 7-3 state and the rules and procedures of the legislature with respect 7-4 to the notice, introduction, and passage of this Act are fulfilled 7-5 and accomplished. 7-6 SECTION 15. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 7-7 takes effect September 1, 2001. 7-8 (b) If the creation of the district is not confirmed at a 7-9 confirmation election held under Section 10 of this Act before 7-10 September 1, 2003, this Act expires on that date.