1-1 By: Hawley (Senate Sponsor - Armbrister) H.B. No. 2046 1-2 (In the Senate - Received from the House May 7, 2001; 1-3 May 7, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 7, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the ratification of the creation of and to the 1-9 administration, powers, duties, operation, and financing of the 1-10 Refugio Groundwater Conservation District. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. RATIFICATION OF CREATION. The creation by 1-13 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 1-14 (Senate Bill No. 1911), of the Refugio Groundwater Conservation 1-15 District in Refugio County is ratified as required by Section 15(a) 1-16 of that Act, subject to approval at a confirmation election under 1-17 Section 8 of this Act. 1-18 SECTION 2. DEFINITION. In this Act, "district" means the 1-19 Refugio Groundwater Conservation District. 1-20 SECTION 3. BOUNDARIES. The boundaries of the district are 1-21 coextensive with the boundaries of Refugio County, Texas. 1-22 SECTION 4. GENERAL POWERS. (a) The district has all of the 1-23 rights, powers, privileges, authority, functions, and duties 1-24 provided by the general law of this state, including Chapter 36, 1-25 Water Code, applicable to groundwater conservation districts 1-26 created under Section 59, Article XVI, Texas Constitution. This 1-27 Act prevails over any provision of general law that is in conflict 1-28 or inconsistent with this Act, including any provision of Chapter 1-29 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 1-30 Bill No. 1911). 1-31 (b) Notwithstanding Subsection (a) of this section, the 1-32 following provisions prevail over a conflicting or inconsistent 1-33 provision of this Act: 1-34 (1) Sections 36.1071-36.108, Water Code; 1-35 (2) Sections 36.159-36.161, Water Code; and 1-36 (3) Subchapter I, Chapter 36, Water Code. 1-37 SECTION 5. AUTHORITY TO SET FEES. (a) In this section, 1-38 "agriculture" includes cultivating the soil, producing crops for 1-39 human food, animal feed, or planting seed or for the production of 1-40 fibers; floriculture, viticulture, silviculture, and horticulture, 1-41 including the cultivation of plants in containers or non-soil 1-42 media; raising, feeding or keeping livestock or other animals for 1-43 the production of food or fiber, leather, pelts, or other tangible 1-44 products having a commercial value; wildlife management; and 1-45 planting cover crops, including cover crops cultivated for 1-46 transplantation, or leaving land idle for the purpose of 1-47 participating in any governmental program or normal crop or 1-48 livestock rotation procedure. 1-49 (b) The district may set fees for administrative acts of the 1-50 district, such as filing applications. Fees set by the district 1-51 may not unreasonably exceed the cost to the district of performing 1-52 the administrative function for which the fee is charged. 1-53 (c) The district may set and collect fees for all services 1-54 provided outside the boundaries of the district. The fees may not 1-55 unreasonably exceed the cost to the district of providing the 1-56 services outside of the district. 1-57 (d) The district may assess production fees based on the 1-58 amount of water authorized by permit to be withdrawn from a well or 1-59 the amount actually withdrawn. The district may assess production 1-60 fees in lieu of, or in conjunction with, any taxes otherwise levied 1-61 by the district. The district may use revenues generated by 1-62 production fees for any lawful purpose. Production fees may not 1-63 exceed: 1-64 (1) one dollar per acre foot for water used for 2-1 agriculture; or 2-2 (2) ten dollars per acre foot per annum for water used 2-3 for any other purpose. 2-4 (e) The district may assess a production fee under 2-5 Subsection (d) of this section for any water produced under an 2-6 exemption under Section 36.117, Water Code, if that water is 2-7 subsequently sold to another person. 2-8 (f) Notwithstanding the provisions of Section 36.117, Water 2-9 Code, the district may assess a production fee under Subsection (d) 2-10 of this section for any water produced for injection into a 2-11 geologic formation for the recovery of oil or natural gas. 2-12 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-13 governed by a board of five directors. 2-14 (b) Temporary directors serve until initial directors are 2-15 elected under Section 8 of this Act. 2-16 (c) Initial directors serve until permanent directors are 2-17 elected under Section 9 of this Act. 2-18 (d) Permanent directors serve staggered four-year terms. 2-19 (e) Each director must qualify to serve as director in the 2-20 manner provided by Section 36.055, Water Code. 2-21 (f) A director serves until the director's successor has 2-22 qualified. 2-23 (g) If a director fails to qualify for office or if there is 2-24 at any time a vacancy on the temporary board of directors, the 2-25 commissioners court shall appoint a person to fill the vacancy. 2-26 SECTION 7. METHOD OF ELECTING DIRECTORS: COMMISSIONERS 2-27 PRECINCTS. (a) The directors of the district shall be elected 2-28 according to the commissioners precinct method as provided by this 2-29 section. 2-30 (b) One director shall be elected by the qualified voters of 2-31 the entire district, and one director shall be elected from each 2-32 county commissioners precinct by the qualified voters of that 2-33 precinct. 2-34 (c) To be qualified to be a candidate for or to serve as 2-35 director at large, a person must be a registered voter in the 2-36 district. To be a candidate for or to serve as director from a 2-37 county commissioners precinct, a person must be a registered voter 2-38 of that precinct. 2-39 (d) A person shall indicate on the application for a place 2-40 on the ballot: 2-41 (1) the precinct that the person seeks to represent; 2-42 or 2-43 (2) that the person seeks to represent the district at 2-44 large. 2-45 (e) At the first election after the county commissioners 2-46 precincts are redrawn under Section 18, Article V, Texas 2-47 Constitution, four new directors shall be elected to represent the 2-48 precincts. The directors elected shall draw lots to determine 2-49 which two directors serve two-year terms and which two directors 2-50 serve four-year terms. 2-51 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 2-52 The temporary board of directors shall call and hold an election to 2-53 confirm establishment of the district and to elect initial 2-54 directors. 2-55 (b) At the confirmation and initial directors' election, the 2-56 temporary board of directors shall have placed on the ballot the 2-57 name of any candidate filing for an initial director's position and 2-58 blank spaces to write in the names of other persons. A temporary 2-59 director who is qualified to be a candidate under Sections 6 and 7 2-60 of this Act may file for an initial director's position. 2-61 (c) Section 41.001(a), Election Code, does not apply to a 2-62 confirmation and initial directors' election held as provided by 2-63 this section. 2-64 (d) Except as provided by this section, a confirmation and 2-65 initial directors' election must be conducted as provided by 2-66 Sections 36.017(b)-(h), Water Code, and the Election Code. 2-67 SECTION 9. ELECTION OF DIRECTORS. (a) On the first Saturday 2-68 in May of the first even-numbered year after the year in which the 2-69 district is authorized to be created at a confirmation election, an 3-1 election shall be held in the district for the election of three 3-2 directors to serve four-year terms and two directors to serve 3-3 two-year terms. 3-4 (b) On the first Saturday in May of each subsequent second 3-5 year following the election, the appropriate number of directors 3-6 shall be elected. 3-7 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 3-8 (a) The proper and legal notice of the intention to introduce this 3-9 Act, setting forth the general substance of this Act, has been 3-10 published as provided by law, and the notice and a copy of this Act 3-11 have been furnished to all persons, agencies, officials, or 3-12 entities to which they are required to be furnished by the 3-13 constitution and other laws of this state, including the governor, 3-14 who has submitted the notice and Act to the Texas Natural Resource 3-15 Conservation Commission. 3-16 (b) The Texas Natural Resource Conservation Commission has 3-17 filed its recommendations relating to this Act with the governor, 3-18 lieutenant governor, and speaker of the house of representatives 3-19 within the required time. 3-20 (c) All requirements of the constitution and laws of this 3-21 state and the rules and procedures of the legislature with respect 3-22 to the notice, introduction, and passage of this Act are fulfilled 3-23 and accomplished. 3-24 SECTION 11. EXPIRATION OF ACT IF DISTRICT NOT CONFIRMED. 3-25 This Act expires on September 1, 2003, if, before that date, the 3-26 establishment of the district has not been confirmed at a 3-27 confirmation election held under Section 8 of this Act. 3-28 SECTION 12. EFFECTIVE DATE. This Act takes effect September 3-29 1, 2001. 3-30 * * * * *