1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Lone Star Groundwater Conservation
1-4 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 Lone Star Groundwater Conservation
1-8 District is created in Montgomery County, subject to approval at a
1-9 confirmation election under Section 10 of this Act. The district
1-10 is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITIONS. In this Act:
1-15 (1) "Board" means the board of directors of the
1-16 district.
1-17 (2) "District" means the Lone Star Groundwater
1-18 Conservation District.
1-19 SECTION 3. BOUNDARIES. The boundaries of the district are
1-20 coextensive with the boundaries of Montgomery County.
1-21 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-22 property included within the boundaries of the district will be
1-23 benefited by the works and projects that are to be accomplished by
1-24 the district under powers conferred by Section 59, Article XVI,
2-1 Texas Constitution. The district is created to serve a public use
2-2 and benefit.
2-3 SECTION 5. GENERAL POWERS. (a) The district has all of the
2-4 rights, powers, privileges, authority, functions, and duties
2-5 provided by the general law of this state, including Chapter 36,
2-6 Water Code, applicable to groundwater conservation districts
2-7 created under Section 59, Article XVI, Texas Constitution, except
2-8 as provided by this Act. This Act prevails over any provision of
2-9 general law that is in conflict or inconsistent with this Act.
2-10 (b) Notwithstanding Subsection (a) of this section, the
2-11 following provisions prevail over a conflicting or inconsistent
2-12 provision of this Act:
2-13 (1) Sections 36.1071-36.108, Water Code;
2-14 (2) Sections 36.159-36.161, Water Code; and
2-15 (3) Subchapter I, Chapter 36, Water Code.
2-16 (c) The rights, powers, privileges, authority, functions,
2-17 and duties of the district are subject to the continuing right of
2-18 supervision of the state to be exercised by and through the Texas
2-19 Natural Resource Conservation Commission.
2-20 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-21 governed by a board of nine directors.
2-22 (b) Initial directors serve until permanent directors are
2-23 appointed under Section 7 of this Act.
2-24 (c) Permanent directors serve staggered four-year terms.
2-25 (d) A person must be at least 18 years of age and a resident
2-26 of the district to be qualified to serve as director.
2-27 (e) Each director must qualify to serve as a director in the
3-1 manner provided by Section 36.055, Water Code.
3-2 (f) A director serves until the director's successor has
3-3 qualified.
3-4 (g) A position on the board shall not be construed to be a
3-5 civil office of emolument for any purpose, including a purpose
3-6 described in Section 40, Article XVI, Texas Constitution.
3-7 (h) A person who qualifies to serve on the board shall be
3-8 qualified to serve as a director and participate in all votes
3-9 relating to the business of the district regardless of any common
3-10 law doctrine or any statutory conflicts of interest,
3-11 incompatibility, or similar provision to the contrary. Section
3-12 36.058, Water Code, relating to conflicts of interest, does not
3-13 apply to the district.
3-14 SECTION 7. APPOINTMENT OF DIRECTORS. (a) The members of
3-15 the board are appointed as follows:
3-16 (1) the Commissioners Court of Montgomery County shall
3-17 appoint two directors;
3-18 (2) the board of directors of the Montgomery County
3-19 Soil and Water Conservation District shall appoint one director;
3-20 (3) the board of directors of the San Jacinto River
3-21 Authority shall appoint one director;
3-22 (4) the mayor of the City of Conroe shall appoint one
3-23 director;
3-24 (5) the mayors of all of the incorporated
3-25 municipalities, other than the City of Conroe, located in whole or
3-26 in part in Montgomery County, jointly shall appoint one director;
3-27 (6) the board of trustees of the Woodlands Joint
4-1 Powers Agency shall appoint one director;
4-2 (7) the boards of directors of all of the municipal
4-3 utility districts located in whole or in part in Montgomery County
4-4 that are not members of the Woodlands Joint Powers Agency and the
4-5 district boundaries of which are located primarily to the east of
4-6 Interstate Highway 45 jointly shall appoint one director; and
4-7 (8) the boards of directors of all of the municipal
4-8 utility districts located in whole or in part in Montgomery County
4-9 that are not members of the Woodlands Joint Powers Agency and the
4-10 district boundaries of which are located primarily to the west of
4-11 Interstate Highway 45 jointly shall appoint one director.
4-12 (b) Except as provided by Section 8 of this Act, directors
4-13 shall be appointed not later than the second Monday in January of
4-14 odd-numbered years. Not later than the 60th day before that date,
4-15 the general manager of the district shall mail to each person who
4-16 is designated in Subsection (a) of this section to make
4-17 appointments in that particular year written notice that the
4-18 appointments are due.
4-19 (c) The persons designated in Subsections (a)(1)-(4) and (6)
4-20 of this section shall make their appointments and submit in writing
4-21 the names of their appointments to the Commissioners Court of
4-22 Montgomery County.
4-23 (d) Except as provided by Section 8 of this Act, the board
4-24 shall by rule adopt an appointment process providing for the
4-25 written submission of votes to the Commissioners Court of
4-26 Montgomery County and the district by those persons designated in
4-27 Subsections (a)(5) and (7)-(8) of this section. The process
5-1 adopted by the district shall preserve the one vote per mayor and
5-2 per municipal utility district concept for the appointment of
5-3 initial directors established by Section 8 of this Act.
5-4 (e) If there is a vacancy on the board, the appropriate
5-5 person designated under Subsection (a) of this section shall
5-6 appoint a director to serve the remainder of the term.
5-7 SECTION 8. APPOINTMENT OF INITIAL DIRECTORS. (a) Not later
5-8 than the 30th day after the effective date of this Act, the persons
5-9 designated in Sections 7(a)(1)-(4) and (6) of this Act shall make
5-10 their appointments and submit in writing the names of their
5-11 appointments to the Commissioners Court of Montgomery County.
5-12 (b) Not later than the 30th day after the effective date of
5-13 this Act, the county judge of Montgomery County shall set a date,
5-14 time, and place for a meeting of those persons designated in
5-15 Sections 7(a)(5) and (7)-(8) of this Act, or their representatives,
5-16 to appoint members for the board. Not later than the 20th day
5-17 before the date of the meeting, the county judge shall give notice
5-18 of the meeting by mail.
5-19 (c) The board of directors of each municipal utility
5-20 district designated to make appointments under Sections 7(a)(7)-(8)
5-21 of this Act shall designate a person to represent that municipal
5-22 utility district at the meeting called by the county judge under
5-23 Subsection (b) of this section. Each representative of a municipal
5-24 utility district present at the meeting is entitled to one vote.
5-25 (d) Each mayor designated under Section 7(a)(5) of this Act
5-26 and present at the meeting called by the county judge is entitled
5-27 to one vote.
6-1 (e) The county judge shall preside at the meeting and shall
6-2 provide to the commissioners court the names of those persons
6-3 appointed as directors at the meeting.
6-4 (f) As soon as practicable after all of the directors have
6-5 been appointed, a majority of directors shall convene an
6-6 organizational meeting of the district at a location within the
6-7 district agreeable to a majority of the directors. If no location
6-8 can be agreed on, the organizational meeting of the directors shall
6-9 be at the Montgomery County Courthouse.
6-10 SECTION 9. TERMS OF OFFICE FOR INITIAL DIRECTORS. (a) The
6-11 following initial directors shall serve from the date of
6-12 appointment until January 31, 2003:
6-13 (1) one director appointed by the Commissioners Court
6-14 of Montgomery County;
6-15 (2) the director appointed by the board of directors
6-16 of the Montgomery County Soil and Water Conservation District;
6-17 (3) the director appointed by the Woodlands Joint
6-18 Powers Agency;
6-19 (4) the director jointly appointed by the boards of
6-20 directors of all of the municipal utility districts located in
6-21 whole or in part in Montgomery County that are not members of the
6-22 Woodlands Joint Powers Agency and the district boundaries of which
6-23 are located primarily to the east of Interstate Highway 45; and
6-24 (5) the director jointly appointed by the boards of
6-25 directors of all of the municipal utility districts located in
6-26 whole or in part in Montgomery County that are not members of the
6-27 Woodlands Joint Powers Agency and the district boundaries of which
7-1 are located primarily to the west of Interstate Highway 45.
7-2 (b) The following initial directors shall serve from the
7-3 date of appointment until January 31, 2005:
7-4 (1) one director appointed by the Commissioners Court
7-5 of Montgomery County;
7-6 (2) the director appointed by the board of directors
7-7 of the San Jacinto River Authority;
7-8 (3) the director appointed by the mayor of the City of
7-9 Conroe; and
7-10 (4) the director appointed by the mayors of all of the
7-11 incorporated municipalities, other than the City of Conroe, located
7-12 in whole or in part in Montgomery County.
7-13 (c) The Commissioners Court of Montgomery County shall
7-14 designate which of the directors it appoints shall serve until
7-15 January 31, 2003, and which of the directors shall serve until
7-16 January 31, 2005.
7-17 SECTION 10. CONFIRMATION ELECTION. (a) The initial board
7-18 shall call and hold an election to confirm the establishment of the
7-19 district.
7-20 (b) Section 41.001(a), Election Code, does not apply to a
7-21 confirmation election held as provided by this section.
7-22 (c) Except as provided by this Act, the initial board shall
7-23 conduct a confirmation election in the manner set forth for
7-24 confirmation elections held by temporary directors under Sections
7-25 36.017(b), (c), and (e)-(h), Water Code, and the Election Code.
7-26 (d) Notwithstanding Section 36.017(d), Water Code, the
7-27 ballot for the election must be printed to provide for voting for
8-1 or against the proposition: "The creation of a nontaxing
8-2 groundwater conservation district in Montgomery County to be known
8-3 as the Lone Star Groundwater Conservation District."
8-4 SECTION 11. DISTRICT REVENUES. (a) The district does not
8-5 have the authority granted by Sections 36.020 and 36.201-36.204,
8-6 Water Code.
8-7 (b) The district may assess production fees based on the
8-8 amount of water authorized by permit to be withdrawn from a well or
8-9 the amount actually withdrawn. Notwithstanding Section 36.205(a),
8-10 Water Code, the district may use revenues generated by production
8-11 fees for any district purpose.
8-12 (c) The district may not, in a manner inconsistent with
8-13 rules and fees applied to production and use occurring wholly
8-14 within the boundaries of the district, regulate production of water
8-15 or assess fees against the transfer of water:
8-16 (1) produced in an area of a municipal utility
8-17 district that is located inside the district boundaries; and
8-18 (2) transferred to an area within the same municipal
8-19 utility district but that is located outside the district
8-20 boundaries.
8-21 (d) The district shall assess production fees for
8-22 horticultural uses at the same rate as fees assessed for other
8-23 agricultural uses.
8-24 (e) The district may assess other fees as authorized by
8-25 Chapter 36, Water Code.
8-26 SECTION 12. CONTRACTS. The district may enter into
8-27 contracts with any person or any public or private entity for any
9-1 purpose otherwise authorized by law.
9-2 SECTION 13. COORDINATION WITH OTHER DISTRICTS. The district
9-3 shall coordinate with all adjacent groundwater conservation
9-4 districts in the development of its management plan under Section
9-5 36.1071, Water Code, and as otherwise provided by general law. On
9-6 the district's completion of its management plan or the district's
9-7 adoption of any revisions to the plan, the district shall forward a
9-8 copy of the plan to all adjacent groundwater conservation
9-9 districts.
9-10 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
9-11 The proper and legal notice of the intention to introduce this Act,
9-12 setting forth the general substance of this Act, has been published
9-13 as provided by law, and the notice and a copy of this Act have been
9-14 furnished to all persons, agencies, officials, or entities to which
9-15 they are required to be furnished by the constitution and other
9-16 laws of this state, including the governor, who has submitted the
9-17 notice and the Act to the Texas Natural Resource Conservation
9-18 Commission.
9-19 (b) The Texas Natural Resource Conservation Commission has
9-20 filed its recommendations relating to this Act with the governor,
9-21 lieutenant governor, and speaker of the house of representatives
9-22 within the required time.
9-23 (c) All requirements of the constitution and laws of this
9-24 state and of the rules and procedures of the legislature with
9-25 respect to the notice, introduction, and passage of this Act are
9-26 fulfilled and accomplished.
9-27 SECTION 15. EFFECTIVE DATE. This Act takes effect September
10-1 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2362 was passed by the House on April
20, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2362 was passed by the Senate on May
17, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor