By Cook H.B. No. 2432
77R9816 QS-D
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 Lost Pines 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 Lost Pines Groundwater Conservation
1-9 District in Bastrop and Lee counties is ratified as required by
1-10 Section 15(a) of that Act, subject to approval at a confirmation
1-11 election under Section 7 of this Act.
1-12 SECTION 2. DEFINITIONS. In this Act:
1-13 (1) "District" means the Lost Pines Groundwater
1-14 Conservation District.
1-15 (2) "Public utility" means any person, corporation,
1-16 public utility, water supply or sewer service corporation,
1-17 municipality, political subdivision, or agency operating,
1-18 maintaining, or controlling facilities in this state for providing
1-19 potable water service for compensation.
1-20 SECTION 3. BOUNDARIES. The boundaries of the district are
1-21 coextensive with the boundaries of Bastrop and Lee counties, Texas.
1-22 SECTION 4. POWERS. (a) The district has all of the rights,
1-23 powers, privileges, authority, functions, and duties provided by
1-24 the general law of this state, including Chapter 36, Water Code,
2-1 applicable to groundwater conservation districts created under
2-2 Section 59, Article XVI, Texas Constitution. This Act prevails
2-3 over any provision of general law that is in conflict or
2-4 inconsistent with this Act, including any provision of Chapter
2-5 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
2-6 Bill No. 1911).
2-7 (b) Notwithstanding Subsection (a), the following provisions
2-8 prevail over a conflicting or inconsistent provision of this Act:
2-9 (1) Sections 36.1071-36.108, Water Code;
2-10 (2) Sections 36.159-36.161, Water Code; and
2-11 (3) Subchapter I, Chapter 36, Water Code.
2-12 (c) The district may not impose a tax. The district may
2-13 assess regulatory pumping fees for water produced in or exported
2-14 from the district. The regulatory pumping fees the district
2-15 assesses for water for crop or livestock production or other
2-16 agricultural uses may be no more than 20 percent of the rate
2-17 applied to water for municipal uses. Regulatory pumping fees based
2-18 on the amount of water withdrawn from a well may not exceed:
2-19 (1) one dollar per acre-foot for water used for the
2-20 purpose of irrigating agricultural crops; or
2-21 (2) 17 cents per thousand gallons for water used for
2-22 any other purpose.
2-23 (d) The district may adopt a rule exempting a well that is
2-24 not capable of producing more than 50,000 gallons of groundwater a
2-25 day from a permit requirement, a fee, or a restriction on
2-26 production.
2-27 SECTION 5. GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD
3-1 COMMISSION. (a) Groundwater wells drilled or operated within the
3-2 district under permits issued by the Railroad Commission of Texas
3-3 are under the exclusive jurisdiction of the commission and are
3-4 exempt from regulation by the district.
3-5 (b) Groundwater produced in an amount authorized by a
3-6 commission permit may be used within or exported from the district
3-7 without the necessity of obtaining a permit from the district.
3-8 (c) To the extent groundwater is produced in excess of
3-9 railroad commission authorization, the holder of the commission
3-10 permit shall apply to the district for appropriate permits for the
3-11 excess production and be subject to the applicable regulatory fees.
3-12 (d) Groundwater produced from wells under the jurisdiction
3-13 of the railroad commission is generally exempt from water district
3-14 fees. However, the district may impose either a pumping fee or an
3-15 export fee on groundwater produced from an otherwise exempt mine
3-16 well which is used for municipal purposes or by a public utility.
3-17 Any fee imposed by the district under this subsection may not
3-18 exceed the fee imposed on other groundwater producers in the
3-19 district.
3-20 SECTION 6. BOARD OF DIRECTORS. (a) The district is
3-21 governed by a board of 10 directors.
3-22 (b) Five directors shall be appointed from Bastrop County by
3-23 the county judge of Bastrop County and five directors shall be
3-24 appointed from Lee County by the county judge of Lee County.
3-25 (c) The temporary directors serve until their successors are
3-26 appointed and have qualified.
3-27 (d) The temporary directors shall draw lots to determine:
4-1 (1) which three directors from each county will serve
4-2 four-year terms that expire at the end of the calendar year of the
4-3 fourth year after the year in which this Act takes effect; and
4-4 (2) which two directors from each county will serve
4-5 two-year terms that expire at the end of the calendar year of the
4-6 second year after the year in which this Act takes effect.
4-7 (e) In each subsequent second year following the initial
4-8 appointment of directors, the appropriate number of directors shall
4-9 be appointed.
4-10 (f) Except as provided by Subsection (d), directors serve
4-11 staggered four-year terms.
4-12 (g) Directors may serve consecutive terms.
4-13 (h) Each director must qualify to serve as director in the
4-14 manner provided by Section 36.055, Water Code.
4-15 (i) A director serves until the director's successor has
4-16 qualified.
4-17 (j) If a vacancy occurs on the board, the board may appoint
4-18 a director to serve the remainder of the term.
4-19 (k) A director may receive fees of office as provided by
4-20 Section 36.060, Water Code, and is entitled to reimbursement for
4-21 actual reasonable expenses incurred in performing duties as a
4-22 director.
4-23 SECTION 7. INITIAL MEETING AND CONFIRMATION ELECTION. (a)
4-24 As soon as practicable after the effective date of this Act, the
4-25 temporary board of directors shall meet to set the date for and
4-26 call the confirmation election. The directors shall hold the
4-27 meeting in conjunction with the regularly scheduled meeting of the
5-1 directors.
5-2 (b) The election shall be held on the authorized election
5-3 date in November if the U.S. Department of Justice has precleared
5-4 this Act by that time. If this Act has not been precleared by the
5-5 November election date, the confirmation election shall be held at
5-6 the next authorized election date. The district shall contract
5-7 with the county clerks of Bastrop and Lee counties to conduct the
5-8 election.
5-9 (c) Except as provided by this section, the confirmation
5-10 election must be conducted as provided by Sections 36.017 and
5-11 36.018, Water Code, and the Election Code.
5-12 (d) If the majority of the votes cast at an election held
5-13 under this section is against the confirmation of the district, the
5-14 temporary directors may not call another election under this
5-15 section before the first anniversary of that election.
5-16 SECTION 8. STATUTORY INTERPRETATION. Except as otherwise
5-17 provided by this Act, if there is a conflict between this Act and
5-18 Chapter 36, Water Code, this Act controls.
5-19 SECTION 9. REGIONAL COOPERATION. The district shall:
5-20 (1) adopt a management plan detailing proposed efforts
5-21 of the district to cooperate with other groundwater conservation
5-22 districts;
5-23 (2) participate as needed in coordination meetings
5-24 with adjacent groundwater conservation districts that share one or
5-25 more aquifers with the district;
5-26 (3) coordinate the collection of data with adjacent
5-27 groundwater conservation districts in such a way as to achieve
6-1 relative uniformity of data type and quality;
6-2 (4) provide groundwater level information to adjacent
6-3 groundwater conservation districts;
6-4 (5) investigate any groundwater pollution to identify
6-5 the pollution's source;
6-6 (6) notify adjacent groundwater conservation districts
6-7 and all appropriate agencies of any groundwater pollution detected
6-8 and source of pollution identified;
6-9 (7) provide to adjacent groundwater conservation
6-10 districts annually an inventory of water wells in the district and
6-11 an estimate of groundwater production within the district; and
6-12 (8) include adjacent groundwater conservation
6-13 districts on mailing lists for district newsletters and information
6-14 regarding seminars, public education events, news articles, and
6-15 field days.
6-16 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-17 (a) The proper and legal notice of the intention to introduce this
6-18 Act, setting forth the general substance of this Act, has been
6-19 published as provided by law, and the notice and a copy of this Act
6-20 have been furnished to all persons, agencies, officials, or
6-21 entities to which they are required to be furnished by the
6-22 constitution and other laws of this state, including the governor,
6-23 who has submitted the notice and Act to the Texas Natural Resource
6-24 Conservation 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 11. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
7-7 takes effect immediately if it receives a vote of two-thirds of all
7-8 the members elected to each house, as provided by Section 39,
7-9 Article III, Texas Constitution. If this Act does not receive the
7-10 vote necessary for immediate effect, this Act takes effect
7-11 September 1, 2001.
7-12 (b) If the creation of this district is not confirmed at a
7-13 confirmation election held under Section 7 of this Act before
7-14 September 1, 2005, this Act expires on that date.