1-1     By:  Cook (Senate Sponsor - Armbrister)               H.B. No. 2432
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 2, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 2, 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     Lost Pines 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 Lost Pines Groundwater Conservation
1-15     District in Bastrop and Lee counties is ratified as required by
1-16     Section 15(a) of that Act, subject to approval at a confirmation
1-17     election under Section 7 of this Act.
1-18           SECTION 2.  DEFINITIONS.  In this Act:
1-19                 (1)  "District" means the Lost Pines Groundwater
1-20     Conservation District.
1-21                 (2)  "Public utility" means any person, corporation,
1-22     public utility, water supply or sewer service corporation,
1-23     municipality, political subdivision, or agency operating,
1-24     maintaining, or controlling facilities in this state for providing
1-25     potable water service for compensation.
1-26           SECTION 3.  BOUNDARIES.  The boundaries of the district are
1-27     coextensive with the boundaries of Bastrop and Lee counties, Texas.
1-28           SECTION 4.  POWERS.  (a)  The district has all of the rights,
1-29     powers, privileges, authority, functions, and duties provided by
1-30     the general law of this state, including Chapter 36, Water Code,
1-31     applicable to groundwater conservation districts created under
1-32     Section 59, Article XVI, Texas Constitution.  This Act prevails
1-33     over any provision of general law that is in conflict or
1-34     inconsistent with this Act, including any provision of Chapter
1-35     1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
1-36     Bill No. 1911).
1-37           (b)  Notwithstanding Subsection (a), the following provisions
1-38     prevail over a conflicting or inconsistent provision of this Act:
1-39                 (1)  Sections 36.1071-36.108, Water Code;
1-40                 (2)  Sections 36.159-36.161, Water Code; and
1-41                 (3)  Subchapter I, Chapter 36, Water Code.
1-42           (c)  The district may not impose a tax.  The district may
1-43     assess  regulatory pumping fees for water produced in or exported
1-44     from the district.  The regulatory pumping fees the district
1-45     assesses for water for crop or livestock production or other
1-46     agricultural uses may be no more than 20 percent of the rate
1-47     applied to water for municipal uses.  Regulatory pumping fees based
1-48     on the amount of water withdrawn from a well may not exceed:
1-49                 (1)  one dollar per acre-foot for water used for the
1-50     purpose of irrigating agricultural crops; or
1-51                 (2)  17 cents per thousand gallons for water used for
1-52     any other purpose.
1-53           (d)  The district may adopt a rule exempting  a well that is
1-54     not capable of producing more than 50,000 gallons of groundwater a
1-55     day from a permit requirement, a fee, or a restriction on
1-56     production.
1-57           SECTION 5.  GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD
1-58     COMMISSION. (a)  Groundwater wells drilled or operated within the
1-59     district under permits issued by the Railroad Commission of Texas
1-60     are under the exclusive jurisdiction of the commission and are
1-61     exempt from regulation by the district.
1-62           (b)  Groundwater produced in an amount authorized by a
1-63     commission permit may be used within or exported from the district
1-64     without the necessity of obtaining a permit from the district.
 2-1           (c)  To the extent groundwater is produced in excess of
 2-2     railroad commission authorization, the holder of the commission
 2-3     permit shall apply to the district for appropriate permits for the
 2-4     excess production and be subject to the applicable regulatory fees.
 2-5           (d)  Groundwater produced from wells under the jurisdiction
 2-6     of the railroad commission is generally exempt from water district
 2-7     fees.  However, the district may impose either a pumping fee or an
 2-8     export fee on groundwater produced from an otherwise exempt mine
 2-9     well which is used for municipal purposes or by a public utility.
2-10     Any fee imposed by the district under this subsection may not
2-11     exceed the fee imposed on other groundwater producers in the
2-12     district.
2-13           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is
2-14     governed by a board of 10 directors.
2-15           (b)  Five directors shall be appointed from Bastrop County by
2-16     the county judge of Bastrop County and five directors shall be
2-17     appointed from Lee County by the county judge of Lee County.
2-18           (c)  The temporary directors serve until their successors are
2-19     appointed and have qualified.
2-20           (d)  The temporary directors shall draw lots to determine:
2-21                 (1)  which three directors from each county will serve
2-22     four-year terms that expire at the end of the calendar year of the
2-23     fourth year after the year in which this Act takes effect; and
2-24                 (2)  which two directors from each county will serve
2-25     two-year terms that expire at the end of the calendar year of the
2-26     second year after the year in which this Act takes effect.
2-27           (e)  In each subsequent second year following the initial
2-28     appointment of directors, the appropriate number of directors shall
2-29     be appointed.
2-30           (f)  Except as provided by Subsection (d), directors serve
2-31     staggered four-year terms.
2-32           (g)  Directors may serve consecutive terms.
2-33           (h)  Each director must qualify to serve as director in the
2-34     manner provided by Section 36.055, Water Code.
2-35           (i)  A director serves until the director's successor has
2-36     qualified.
2-37           (j)  If a vacancy occurs on the board, the board may appoint
2-38     a director to serve the remainder of the term.
2-39           (k)  A director may receive fees of office as provided by
2-40     Section 36.060, Water Code, and is entitled to reimbursement for
2-41     actual reasonable expenses incurred in performing duties as a
2-42     director.
2-43           SECTION 7.  INITIAL MEETING AND CONFIRMATION ELECTION.  (a)
2-44     As soon as practicable after the effective date of this Act, the
2-45     temporary board of directors shall meet to set the date for and
2-46     call the confirmation election.  The directors shall hold the
2-47     meeting in conjunction with the regularly scheduled meeting of the
2-48     directors.
2-49           (b)  The election shall be held on the authorized election
2-50     date in November if the U.S. Department of Justice has precleared
2-51     this Act by that time.  If this Act has not been precleared by the
2-52     November election date, the confirmation election shall be held at
2-53     the next authorized election date.  The district shall contract
2-54     with the county clerks of Bastrop and Lee counties to conduct the
2-55     election.
2-56           (c)  Except as provided by this section, the confirmation
2-57     election must be conducted as provided by Sections 36.017 and
2-58     36.018, Water Code, and the Election Code.
2-59           (d)  If the majority of the votes cast at an election held
2-60     under this section is against the confirmation of the district, the
2-61     temporary directors may not call another election under this
2-62     section before the first anniversary of that election.
2-63           SECTION 8.  STATUTORY INTERPRETATION.  Except as otherwise
2-64     provided by this Act, if there is a conflict between this Act and
2-65     Chapter 36, Water Code, this Act controls.
2-66           SECTION 9.  REGIONAL COOPERATION. The district shall:
2-67                 (1)  adopt a management plan detailing proposed efforts
2-68     of the district to cooperate with other groundwater conservation
2-69     districts;
 3-1                 (2)  participate as needed in coordination meetings
 3-2     with adjacent groundwater conservation districts that share one or
 3-3     more aquifers with the district;
 3-4                 (3)  coordinate the collection of data with adjacent
 3-5     groundwater conservation districts in such a way as to achieve
 3-6     relative uniformity of data type and quality;
 3-7                 (4)  provide groundwater level information to adjacent
 3-8     groundwater conservation districts;
 3-9                 (5)  investigate any groundwater pollution to identify
3-10     the pollution's source;
3-11                 (6)  notify adjacent groundwater conservation districts
3-12     and all appropriate agencies of any groundwater pollution detected
3-13     and source of pollution identified;
3-14                 (7)  provide to adjacent groundwater conservation
3-15     districts annually an inventory of water wells in the district and
3-16     an estimate of groundwater production within the district; and
3-17                 (8)  include adjacent groundwater conservation
3-18     districts on mailing lists for district newsletters and information
3-19     regarding seminars, public education events, news articles, and
3-20     field days.
3-21           SECTION 10.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-22     (a)  The proper and legal notice of the intention to introduce this
3-23     Act, setting forth the general substance of this Act, has been
3-24     published as provided by law, and the notice and a copy of this Act
3-25     have been furnished to all persons, agencies, officials, or
3-26     entities to which they are required to be furnished by the
3-27     constitution and other laws of this state, including the governor,
3-28     who has submitted the notice and Act to the Texas Natural Resource
3-29     Conservation Commission.
3-30           (b)  The Texas Natural Resource Conservation Commission has
3-31     filed its recommendations relating to this Act with the governor,
3-32     lieutenant governor, and speaker of the house of representatives
3-33     within the required time.
3-34           (c)  All requirements of the constitution and laws of this
3-35     state and the rules and procedures of the legislature with respect
3-36     to the notice, introduction, and passage of this Act are fulfilled
3-37     and accomplished.
3-38           SECTION 11.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
3-39     takes effect immediately if it receives a vote of two-thirds of all
3-40     the members elected to each house, as provided by Section 39,
3-41     Article III, Texas Constitution.  If this Act does not receive the
3-42     vote necessary for immediate effect, this Act takes effect
3-43     September 1, 2001.
3-44           (b)  If the creation of this district is not confirmed at a
3-45     confirmation election held under Section 7 of this Act before
3-46     September 1, 2005, this Act expires on that date.
3-47                                  * * * * *