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.