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.