By Cook                                               H.B. No. 2432
         77R2146 QS-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     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 not require a permit for, impose a fee
2-24     on, or restrict production of a well that is not capable of
2-25     producing more than 50,000 gallons of groundwater a day.
2-26           SECTION 5.  GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD
2-27     COMMISSION. (a)  Groundwater wells drilled or operated within the
 3-1     district under permits issued by the Railroad Commission of Texas
 3-2     are under the exclusive jurisdiction of the commission and are
 3-3     exempt from regulation by the district.
 3-4           (b)  Groundwater produced in an amount authorized by a
 3-5     commission permit may be used within or exported from the district
 3-6     without the necessity of obtaining a permit from the district.
 3-7           (c)  To the extent groundwater is produced in excess of
 3-8     railroad commission authorization, the holder of the commission
 3-9     permit shall apply to the district for appropriate permits for the
3-10     excess production and be subject to the applicable regulatory fees.
3-11           (d)  Groundwater produced from wells under the jurisdiction
3-12     of the railroad commission is generally exempt from water district
3-13     fees.  However, the district may impose either a pumping fee or an
3-14     export fee on groundwater produced from an otherwise exempt mine
3-15     well which is used for municipal purposes or by a public utility.
3-16     Any fee imposed by the district under this subsection may not
3-17     exceed the fee imposed on other groundwater producers in the
3-18     district.
3-19           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is
3-20     governed by a board of 10 directors.
3-21           (b)  Five directors shall be appointed from Bastrop County by
3-22     the county judge of Bastrop County and five directors shall be
3-23     appointed from Lee County by the county judge of Lee County.
3-24           (c)  The temporary directors serve until their successors are
3-25     appointed and have qualified.
3-26           (d)  The temporary directors shall draw lots to determine:
3-27                 (1)  which three directors from each county will serve
 4-1     four-year terms that expire at the end of the calendar year of the
 4-2     fourth year after the year in which this Act takes effect; and
 4-3                 (2)  which two directors from each county will serve
 4-4     two-year terms that expire at the end of the calendar year of the
 4-5     second year after the year in which this Act takes effect.
 4-6           (e)  In each subsequent second year following the initial
 4-7     appointment of directors, the appropriate number of directors shall
 4-8     be appointed.
 4-9           (f)  Except as provided by Subsection (d), directors serve
4-10     staggered four-year terms.
4-11           (g)  Directors may serve consecutive terms.
4-12           (h)  Each director must qualify to serve as director in the
4-13     manner provided by Section 36.055, Water Code.
4-14           (i)  A director serves until the director's successor has
4-15     qualified.
4-16           (j)  If a vacancy occurs on the board, the board may appoint
4-17     a director to serve the remainder of the term.
4-18           (k)  A director may receive fees of office as provided by
4-19     Section 36.060, Water Code, and is entitled to reimbursement for
4-20     actual reasonable expenses incurred in performing duties as a
4-21     director.
4-22           SECTION 7.  INITIAL MEETING AND CONFIRMATION ELECTION.  (a)
4-23     As soon as practicable after the effective date of this Act, the
4-24     temporary board of directors shall meet to set the date for and
4-25     call the confirmation election.  The directors shall hold the
4-26     meeting in conjunction with the regularly scheduled meeting of the
4-27     directors.
 5-1           (b)  The election shall be held on the authorized election
 5-2     date in November if the U.S. Department of Justice has precleared
 5-3     this Act by that time.  If this Act has not been precleared by the
 5-4     November election date, the confirmation election and the election
 5-5     of directors shall be held at the next authorized election date.
 5-6     The district shall contract with the county clerks of Bastrop and
 5-7     Lee counties to conduct the election.
 5-8           (c)  Except as provided by this section, the confirmation
 5-9     election must be conducted as provided by Sections 36.017 and
5-10     36.018, Water Code, and the Election Code.
5-11           (d)  If the majority of the votes cast at an election held
5-12     under this section is against the confirmation of the district, the
5-13     temporary directors may not call another election under this
5-14     section before the first anniversary of that election.
5-15           SECTION 8.  STATUTORY INTERPRETATION.  Except as otherwise
5-16     provided by this Act, if there is a conflict between this Act and
5-17     Chapter 36, Water Code, this Act controls.
5-18           SECTION 9.  COORDINATING COUNCIL.  The district shall
5-19     participate in any coordinating council or board of which it is a
5-20     member and which is established to coordinate activities with other
5-21     districts created over the territory known as Management Area No.
5-22     4, as designated by the Texas Natural Resource Conservation
5-23     Commission or its successor.
5-24           SECTION 10.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5-25     (a)  The proper and legal notice of the intention to introduce this
5-26     Act, setting forth the general substance of this Act, has been
5-27     published as provided by law, and the notice and a copy of this Act
 6-1     have been furnished to all persons, agencies, officials, or
 6-2     entities to which they are required to be furnished by the
 6-3     constitution and other laws of this state, including the governor,
 6-4     who has submitted the notice and Act to the Texas Natural Resource
 6-5     Conservation Commission.
 6-6           (b)  The Texas Natural Resource Conservation Commission has
 6-7     filed its recommendations relating to this Act with the governor,
 6-8     lieutenant governor, and speaker of the house of representatives
 6-9     within the required time.
6-10           (c)  All requirements of the constitution and laws of this
6-11     state and the rules and procedures of the legislature with respect
6-12     to the notice, introduction, and passage of this Act are fulfilled
6-13     and accomplished.
6-14           SECTION 11.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
6-15     takes effect immediately if it receives a vote of two-thirds of all
6-16     the members elected to each house, as provided by Section 39,
6-17     Article III, Texas Constitution.  If this Act does not receive the
6-18     vote necessary for immediate effect, this Act takes effect
6-19     September 1, 2001.
6-20           (b)  If the creation of this district is not confirmed at a
6-21     confirmation election held under Section 7 of this Act before
6-22     September 1, 2003, this Act expires on that date.