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.