By Hawley H.B. No. 2046 77R11286 MI-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the ratification of the creation of and to the 1-3 administration, powers, duties, operation, and financing of the 1-4 Refugio Groundwater Conservation District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. RATIFICATION OF CREATION. The creation by 1-7 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 1-8 (Senate Bill No. 1911), of the Refugio Groundwater Conservation 1-9 District in Refugio County is ratified as required by Section 15(a) 1-10 of that Act, subject to approval at a confirmation election under 1-11 Section 8 of this Act. 1-12 SECTION 2. DEFINITION. In this Act, "district" means the 1-13 Refugio Groundwater Conservation District. 1-14 SECTION 3. BOUNDARIES. The boundaries of the district are 1-15 coextensive with the boundaries of Refugio County, Texas. 1-16 SECTION 4. GENERAL POWERS. (a) The district has all of the 1-17 rights, powers, privileges, authority, functions, and duties 1-18 provided by the general law of this state, including Chapter 36, 1-19 Water Code, applicable to groundwater conservation districts 1-20 created under Section 59, Article XVI, Texas Constitution. This 1-21 Act prevails over any provision of general law that is in conflict 1-22 or inconsistent with this Act, including any provision of Chapter 1-23 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 1-24 Bill No. 1911). 2-1 (b) Notwithstanding Subsection (a) of this section, the 2-2 following provisions prevail over a conflicting or inconsistent 2-3 provision of this Act: 2-4 (1) Sections 36.1071-36.108, Water Code; 2-5 (2) Sections 36.159-36.161, Water Code; and 2-6 (3) Subchapter I, Chapter 36, Water Code. 2-7 SECTION 5. AUTHORITY TO SET FEES. (a) In this section, 2-8 "agriculture" includes cultivating the soil, producing crops for 2-9 human food, animal feed, or planting seed or for the production of 2-10 fibers; floriculture, viticulture, silviculture, and horticulture, 2-11 including the cultivation of plants in containers or non-soil 2-12 media; raising, feeding or keeping livestock or other animals for 2-13 the production of food or fiber, leather, pelts, or other tangible 2-14 products having a commercial value; wildlife management; and 2-15 planting cover crops, including cover crops cultivated for 2-16 transplantation, or leaving land idle for the purpose of 2-17 participating in any governmental program or normal crop or 2-18 livestock rotation procedure. 2-19 (b) The district may set fees for administrative acts of the 2-20 district, such as filing applications. Fees set by the district 2-21 may not unreasonably exceed the cost to the district of performing 2-22 the administrative function for which the fee is charged. 2-23 (c) The district may set and collect fees for all services 2-24 provided outside the boundaries of the district. The fees may not 2-25 unreasonably exceed the cost to the district of providing the 2-26 services outside of the district. 2-27 (d) The district may assess production fees based on the 3-1 amount of water authorized by permit to be withdrawn from a well or 3-2 the amount actually withdrawn. The district may assess production 3-3 fees in lieu of, or in conjunction with, any taxes otherwise levied 3-4 by the district. The district may use revenues generated by 3-5 production fees for any lawful purpose. Production fees may not 3-6 exceed: 3-7 (1) one dollar per acre foot for water used for 3-8 agriculture; or 3-9 (2) ten dollars per acre foot per annum for water used 3-10 for any other purpose. 3-11 (e) The district may assess a production fee under 3-12 Subsection (d) of this section for any water produced under an 3-13 exemption under Section 36.117, Water Code, if that water is 3-14 subsequently sold to another person. 3-15 (f) Notwithstanding the provisions of Section 36.117, Water 3-16 Code, the district may assess a production fee under Subsection (d) 3-17 of this section for any water produced for injection into a 3-18 geologic formation for the recovery of oil or natural gas. 3-19 SECTION 6. BOARD OF DIRECTORS. (a) The district is 3-20 governed by a board of five directors. 3-21 (b) Temporary directors serve until initial directors are 3-22 elected under Section 8 of this Act. 3-23 (c) Initial directors serve until permanent directors are 3-24 elected under Section 9 of this Act. 3-25 (d) Permanent directors serve staggered four-year terms. 3-26 (e) Each director must qualify to serve as director in the 3-27 manner provided by Section 36.055, Water Code. 4-1 (f) A director serves until the director's successor has 4-2 qualified. 4-3 (g) If a director fails to qualify for office or if there is 4-4 at any time a vacancy on the temporary board of directors, the 4-5 commissioners court shall appoint a person to fill the vacancy. 4-6 SECTION 7. METHOD OF ELECTING DIRECTORS: COMMISSIONERS 4-7 PRECINCTS. (a) The directors of the district shall be elected 4-8 according to the commissioners precinct method as provided by this 4-9 section. 4-10 (b) One director shall be elected by the qualified voters of 4-11 the entire district, and one director shall be elected from each 4-12 county commissioners precinct by the qualified voters of that 4-13 precinct. 4-14 (c) To be qualified to be a candidate for or to serve as 4-15 director at large, a person must be a registered voter in the 4-16 district. To be a candidate for or to serve as director from a 4-17 county commissioners precinct, a person must be a registered voter 4-18 of that precinct. 4-19 (d) A person shall indicate on the application for a place 4-20 on the ballot: 4-21 (1) the precinct that the person seeks to represent; 4-22 or 4-23 (2) that the person seeks to represent the district at 4-24 large. 4-25 (e) At the first election after the county commissioners 4-26 precincts are redrawn under Section 18, Article V, Texas 4-27 Constitution, four new directors shall be elected to represent the 5-1 precincts. The directors elected shall draw lots to determine 5-2 which two directors serve two-year terms and which two directors 5-3 serve four-year terms. 5-4 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 5-5 The temporary board of directors shall call and hold an election to 5-6 confirm establishment of the district and to elect initial 5-7 directors. 5-8 (b) At the confirmation and initial directors' election, the 5-9 temporary board of directors shall have placed on the ballot the 5-10 name of any candidate filing for an initial director's position and 5-11 blank spaces to write in the names of other persons. A temporary 5-12 director who is qualified to be a candidate under Sections 6 and 7 5-13 of this Act may file for an initial director's position. 5-14 (c) Section 41.001(a), Election Code, does not apply to a 5-15 confirmation and initial directors' election held as provided by 5-16 this section. 5-17 (d) Except as provided by this section, a confirmation and 5-18 initial directors' election must be conducted as provided by 5-19 Sections 36.017(b)-(h), Water Code, and the Election Code. 5-20 SECTION 9. ELECTION OF DIRECTORS. (a) On the first Saturday 5-21 in May of the first even-numbered year after the year in which the 5-22 district is authorized to be created at a confirmation election, an 5-23 election shall be held in the district for the election of three 5-24 directors to serve four-year terms and two directors to serve 5-25 two-year terms. 5-26 (b) On the first Saturday in May of each subsequent second 5-27 year following the election, the appropriate number of directors 6-1 shall be elected. 6-2 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 6-3 (a) The proper and legal notice of the intention to introduce this 6-4 Act, setting forth the general substance of this Act, has been 6-5 published as provided by law, and the notice and a copy of this Act 6-6 have been furnished to all persons, agencies, officials, or 6-7 entities to which they are required to be furnished by the 6-8 constitution and other laws of this state, including the governor, 6-9 who has submitted the notice and Act to the Texas Natural Resource 6-10 Conservation Commission. 6-11 (b) The Texas Natural Resource Conservation Commission has 6-12 filed its recommendations relating to this Act with the governor, 6-13 lieutenant governor, and speaker of the house of representatives 6-14 within the required time. 6-15 (c) All requirements of the constitution and laws of this 6-16 state and the rules and procedures of the legislature with respect 6-17 to the notice, introduction, and passage of this Act are fulfilled 6-18 and accomplished. 6-19 SECTION 11. EXPIRATION OF ACT IF DISTRICT NOT CONFIRMED. 6-20 This Act expires on September 1, 2003, if, before that date, the 6-21 establishment of the district has not been confirmed at a 6-22 confirmation election held under Section 8 of this Act. 6-23 SECTION 12. EFFECTIVE DATE. This Act takes effect September 6-24 1, 2001.