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.