1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operations, and financing of the Pineywoods Groundwater
1-4 Conservation 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 Pineywoods Groundwater Conservation
1-8 District, is created in Angelina and Nacogdoches counties subject
1-9 to approval at a confirmation election held under Section 10 of
1-10 this Act. The district is a governmental agency and body politic
1-11 and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Pineywoods Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Angelina and Nacogdoches
1-19 counties.
1-20 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-21 property included within the boundaries of the district will be
1-22 benefited by the works and projects that are to be accomplished by
1-23 the district under powers conferred by Section 59, Article XVI,
1-24 Texas Constitution. The district is created to serve a public use
2-1 and benefit.
2-2 SECTION 5. POWERS. (a) Except as provided by this section,
2-3 the district has all of the rights, powers, privileges, authority,
2-4 functions, and duties provided by the general law of this state,
2-5 including Chapter 36, Water Code, applicable to groundwater
2-6 conservation districts created under Section 59, Article XVI, Texas
2-7 Constitution. Chapter 49, Water Code, does not apply to the
2-8 district. This Act prevails over any provision of general law that
2-9 is in conflict or inconsistent with this Act.
2-10 (b) The district by rule may require a person to obtain a
2-11 permit from the district for the transfer of groundwater out of the
2-12 district consistent with Section 36.122, Water Code, and may
2-13 regulate the terms on which a permit holder under those rules may
2-14 conduct such a transfer. A retail public utility as defined by
2-15 Section 13.002, Water Code, is not required to obtain a permit to
2-16 transfer groundwater out of the district if:
2-17 (1) the source of the water is one or more wells
2-18 located within the district; and
2-19 (2) the water is used by the retail public utility to
2-20 provide retail water utility service, as defined by Section 13.002,
2-21 Water Code.
2-22 (c) The district may not require a permit for a well
2-23 incapable of producing more than 25,000 gallons of groundwater a
2-24 day.
2-25 (d) The district may not levy or collect taxes in the
2-26 district.
2-27 (e) The board of directors of the district by rule may
3-1 impose reasonable fees on each well for which a permit is issued by
3-2 the district and which is not exempt from regulation by the
3-3 district. The fee shall be based on the amount of water to be
3-4 withdrawn from the well and may not exceed $0.01 per thousand
3-5 gallons for groundwater withdrawn for any purpose.
3-6 (f) A well meeting the criteria established under Section
3-7 36.117, Water Code, including a well used for dewatering and
3-8 monitoring in the production of coal and lignite, is exempt from
3-9 permit requirements, regulations, and fees imposed by the district.
3-10 (g) The district may not:
3-11 (1) exercise the power of eminent domain;
3-12 (2) issue and sell any bonds or notes that pledge
3-13 revenue derived from taxation in the name of the district; or
3-14 (3) purchase groundwater rights unless the purchased
3-15 rights are acquired for conservation purposes and are permanently
3-16 held in trust not to be produced.
3-17 SECTION 6. BOARD OF DIRECTORS. (a) The district is
3-18 governed by a board of seven directors. Directors are appointed as
3-19 provided by Section 7 of this Act. When a county is added to the
3-20 district, the board may change the number of directors so that an
3-21 equal number of directors is appointed from each county and one
3-22 director is appointed jointly by the counties.
3-23 (b) Except for the initial term, all directors serve
3-24 three-year terms. The terms of two initial directors expire on
3-25 December 31, 2004. The terms of two initial directors expire on
3-26 December 31, 2003. The terms of the three remaining directors,
3-27 including the term of the initial director who will serve as the
4-1 joint two-county representative, expire on December 31, 2002.
4-2 (c) Subject to Subsection (b) of this section, the three
4-3 initial directors from each county shall draw lots to determine
4-4 their terms.
4-5 (d) Each director must qualify to serve as a director in the
4-6 manner provided by Section 36.055, Water Code.
4-7 (e) A director serves until the director's successor has
4-8 qualified.
4-9 (f) Directors may serve consecutive terms.
4-10 (g) If there is a vacancy on the board, the governing body
4-11 of the entity that appointed the director who vacated the office
4-12 shall appoint a director to serve the remainder of the term.
4-13 (h) Directors are not entitled to receive compensation for
4-14 serving as a director but may be reimbursed for actual, reasonable
4-15 expenses incurred in the discharge of official duties.
4-16 (i) A majority vote of a quorum is required for board
4-17 action. If there is a tie vote, the proposed action fails.
4-18 SECTION 7. APPOINTMENT OF DIRECTORS. (a) The Angelina
4-19 County Commissioners Court shall appoint two directors. One
4-20 director shall represent the rural water and utilities and small
4-21 municipal water supply interests, and one director shall represent
4-22 the large industrial groundwater supply interests of the county.
4-23 (b) The Nacogdoches County Commissioners Court shall appoint
4-24 two directors. One director shall represent the rural water and
4-25 utilities and small municipal water supply interests, and one
4-26 director shall represent the forestry or agricultural groundwater
4-27 supply interests of the county.
5-1 (c) The Lufkin City Council shall appoint one director.
5-2 (d) The Nacogdoches City Council shall appoint one director.
5-3 (e) The Angelina County Commissioners Court and the
5-4 Nacogdoches County Commissioners Court shall jointly appoint one
5-5 director to represent the forestry, agricultural, or landowner
5-6 groundwater interests of both counties.
5-7 (f) If the creation of the district is confirmed at a
5-8 confirmation election under Section 10 of this Act in only one of
5-9 the counties:
5-10 (1) the directors appointed from the county in which
5-11 the creation of the district is not confirmed and the director
5-12 appointed jointly by the two commissioners courts are not eligible
5-13 to serve as directors of the district; and
5-14 (2) the commissioners court and the specified city
5-15 council in the county in which the creation of the district is
5-16 confirmed shall jointly appoint two additional directors, at least
5-17 one of whom must represent the forestry, agricultural, or landowner
5-18 groundwater interests of the county.
5-19 SECTION 8. ORGANIZATIONAL MEETING. As soon as practicable
5-20 after all the initial directors are appointed as provided in this
5-21 Act, a majority of the directors shall convene the organizational
5-22 meeting of the district at a location within the district agreeable
5-23 to a majority of the directors at which time the directors will
5-24 take office. If no location can be agreed upon, the organizational
5-25 meeting of the directors shall be at the Nacogdoches County
5-26 Courthouse.
5-27 SECTION 9. LANDOWNERS' RIGHTS. The rights of landowners and
6-1 their lessees and assigns in groundwater within the district are
6-2 recognized. Nothing in this Act shall be construed to deprive or
6-3 divest the owners or their lessees and assigns of their rights,
6-4 subject to district rules.
6-5 SECTION 10. CONFIRMATION ELECTION. (a) The initial board
6-6 of directors shall call and hold an election on the same date in
6-7 each county within the district to confirm the creation of the
6-8 district.
6-9 (b) Except as provided by this section, a confirmation
6-10 election must be conducted as provided by Sections 36.017, 36.018,
6-11 and 36.019, Water Code, and Section 41.001, Election Code.
6-12 (c) If the majority of qualified voters in a county who vote
6-13 in the election vote to confirm the creation of the district, that
6-14 county is included in the district. If the majority of qualified
6-15 voters in a county who vote in the election vote not to confirm the
6-16 creation of the district, that county is excluded from the
6-17 district.
6-18 (d) If the creation of the district is not confirmed by an
6-19 election held under this section before the second anniversary of
6-20 the effective date of this Act, the district is dissolved and this
6-21 Act expires on that date.
6-22 SECTION 11. ADDITION OF OTHER COUNTIES TO DISTRICT. (a) An
6-23 adjacent county that wishes to join the district shall petition the
6-24 district by resolution of the commissioners court of the county.
6-25 (b) If the board finds after a hearing on the resolution
6-26 that the addition of the county would benefit the district and the
6-27 county to be added, the board by resolution may approve the
7-1 addition of the county to the district.
7-2 (c) The addition of a county to the district under this
7-3 section is not final until ratified by a majority vote of the
7-4 qualified voters in the county to be added voting in an election
7-5 held for that purpose.
7-6 (d) The ballots for the election shall be printed to provide
7-7 for voting for or against the proposition: "The inclusion of
7-8 _________ County in the Pineywoods Groundwater Conservation
7-9 District."
7-10 (e) The notice of the election, the manner and the time of
7-11 giving the notice, the manner of holding the election, and the
7-12 qualifications of the voters are governed by the Election Code.
7-13 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
7-14 (a) The proper and legal notice of the intention to introduce this
7-15 Act, setting forth the general substance of this Act, has been
7-16 published as provided by law, and the notice and a copy of this Act
7-17 have been furnished to all persons, agencies, officials, or
7-18 entities to which they are required to be furnished by the
7-19 constitution and the laws of this state, including the governor,
7-20 who has submitted the notice and Act to the Texas Natural Resource
7-21 Conservation Commission.
7-22 (b) The Texas Natural Resource Conservation Commission has
7-23 filed its recommendations relating to this Act with the governor,
7-24 lieutenant governor, and speaker of the house of representatives
7-25 within the required time.
7-26 (c) All the requirements of the constitution and the laws of
7-27 this state and rules and procedures of the legislature with respect
8-1 to the notice, introduction, and passage of this Act are fulfilled
8-2 and accomplished.
8-3 SECTION 13. EFFECTIVE DATE. This Act takes effect
8-4 immediately if it receives a vote of two-thirds of all the members
8-5 elected to each house, as provided by Section 39, Article III,
8-6 Texas Constitution. If this Act does not receive the vote
8-7 necessary for immediate effect, this Act takes effect September 1,
8-8 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2572 was passed by the House on April
20, 2001, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2572 on May 21, 2001, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2572 on May 27, 2001, by the following vote: Yeas 144,
Nays 0, 2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2572 was passed by the Senate, with
amendments, on May 16, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting; at the request of the House, the Senate
appointed a conference committee to consider the differences
between the two houses; and that the Senate adopted the conference
committee report on H.B. No. 2572 on May 27, 2001, by the following
vote: Yeas 30, Nays 0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor