By Kuempel H.B. No. 2855
77R10694 SGA-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, taxing authority, and
1-4 financing of the Southeast Trinity Groundwater Conservation
1-5 District.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. RATIFICATION OF CREATION. The creation by Chapter
1-8 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
1-9 Bill 1911), of the Southeast Trinity Groundwater Conservation
1-10 District is ratified as required by Section 15(a) of that Act,
1-11 subject to approval at a confirmation election under Section 8 of
1-12 this Act.
1-13 SECTION 2. DEFINITIONS. In this Act:
1-14 (1) "Board" means the board of directors of the
1-15 Southeast Trinity Groundwater Conservation District.
1-16 (2) "Commission" means the Texas Natural Resource
1-17 Conservation Commission.
1-18 (3) "District" means the Southeast Trinity Groundwater
1-19 Conservation District.
1-20 SECTION 3. BOUNDARIES. The boundaries of the district are:
1-21 BEGINNING at the point of intersection of the Bexar County -
1-22 Comal County - Kendall County line:
1-23 THENCE following the meanders of the Cibolo Creek, the Bexar
1-24 County - Comal County line in an Easterly direction to the point of
2-1 intersection with latitude 29 40':
2-2 THENCE along 29 40' in a Southeasterly direction to the
2-3 point of intersection with Farm to Market Road 3009:
2-4 THENCE with the centerline of Farm to Market Road 3009 in a
2-5 Southerly direction to the point of intersection with the
2-6 centerline of Schoenthal Road:
2-7 THENCE with the centerline of Schoenthal Road in a
2-8 Northeasterly direction to the point of intersection with the
2-9 centerline of Farm to Market Road 1863:
2-10 THENCE with the centerline of Farm to Market Road 1863 in an
2-11 Easterly direction to the point of intersection with the centerline
2-12 of Mission Valley Road:
2-13 THENCE with the centerline of Mission Valley Road in a
2-14 Northeasterly direction to the point of intersection with the
2-15 centerline of State Highway 46;
2-16 THENCE with the centerline of State Highway 46 in a
2-17 Northwesterly direction to the point of intersection with the
2-18 centerline of Hueco Springs Loop Road:
2-19 THENCE with the centerline of Hueco Springs Loop Road in a
2-20 Northeasterly then Easterly direction to the point of intersection
2-21 with the centerline of River Road:
2-22 THENCE with the centerline of River Road in a Northeasterly
2-23 direction to the point of intersection with the Guadalupe River at
2-24 the First Crossing:
2-25 THENCE following the meanders of the Guadalupe River in a
2-26 Northerly direction to the point of intersection of the center
2-27 lines of the Guadalupe River and Deep Creek:
3-1 (Note: the next four paragraphs coincide with the Southern boundary
3-2 of Comal County Voters Precinct 18)
3-3 THENCE along the meanders of Deep Creek in a Northeasterly
3-4 direction to the point of intersection of the centerline of Deep
3-5 Creek and the South line of the G. F. Lawrence Survey No. 33,
3-6 Abstract No. 358:
3-7 THENCE with the South line of the G. F. Lawrence Survey No.
3-8 33, Abstract No. 358 in a Northeasterly, Southeasterly, and
3-9 Northeasterly direction to the point of intersection of the South
3-10 centerline of Farm to Market Road 306 being at approximately
3-11 Engineers Station 397+98.3:
3-12 THENCE with the centerline of Farm to Market Road 306 in a
3-13 Southeasterly direction to the point of intersection of the center
3-14 lines of Farm to Market Road 306 and the William Pfeuffer private
3-15 ranch road:
3-16 THENCE with the approximate bearing N 69 E and approximate
3-17 distance 5,000 feet to an angle point in the Comal County - Hays
3-18 County Line:
3-19 THENCE with the Comal County - Hays County line in a
3-20 Northwesterly direction to the point of intersection of the Comal
3-21 County - Hays County line with the Comal County - Blanco County
3-22 line:
3-23 THENCE with the Comal County - Blanco County line in a
3-24 Southwesterly direction to the point of intersection of the Comal
3-25 County - Blanco County - Kendall County line, continuing with the
3-26 Comal County - Kendall County line in a Southwesterly direction to
3-27 point of intersection of the Kendall County -Comal County - Bexar
4-1 County line being the Point of Beginning.
4-2 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature
4-3 finds that the boundaries and field notes of the district form a
4-4 closure. A mistake in the field notes or in copying the field
4-5 notes in the legislative process does not affect the organization,
4-6 existence, or validity of the district, the right of the district
4-7 to levy and collect taxes, or the legality or operation of the
4-8 district or its governing body.
4-9 SECTION 5. GENERAL POWERS. (a) Except as otherwise provided
4-10 by this Act, the district has all of the rights, powers,
4-11 privileges, authority, functions, and duties provided by the
4-12 general law of this state, including Chapter 36, Water Code,
4-13 applicable to groundwater conservation districts created under
4-14 Section 59, Article XVI, Texas Constitution. This Act prevails
4-15 over any provision of general law that is in conflict with or
4-16 inconsistent with this Act.
4-17 (b) The district has no regulatory jurisdiction over the
4-18 Edwards Aquifer or any surface water supply.
4-19 (c) The board of directors of the district by rule may
4-20 impose reasonable fees, including fees for groundwater transported
4-21 out of the district, on each groundwater well in the district that
4-22 is not exempt from regulation by the district, based on the amount
4-23 of water withdrawn from the well. The fees may be assessed
4-24 annually, based on the size of column pipe used in the wells, pump
4-25 capacity, or actual, authorized, or anticipated pumpage, to pay the
4-26 maintenance and operating expenses of the district's regulation of
4-27 groundwater.
5-1 (d) Section 36.205(c), Water Code, does not apply to the
5-2 district.
5-3 (e) The district may assess an ad valorem property tax not
5-4 to exceed seven cents per $100 valuation for administrative,
5-5 operation, and maintenance expenses if approved by a majority of
5-6 the qualified voters voting in an election authorizing the tax.
5-7 (f) Any district conservation fee paid by a retail public
5-8 utility to the district shall be:
5-9 (1) collected by the retail public utility directly as
5-10 a regulatory fee from the customers of the utility and paid to the
5-11 district; and
5-12 (2) shown as a separate line item on the customer's
5-13 bill.
5-14 (g) Fees may not be assessed for groundwater withdrawn from
5-15 the Edwards Aquifer.
5-16 (h) The district shall determine which classes of wells are
5-17 exempt from permitting requirements.
5-18 (i) The district may not require a permit for:
5-19 (1) the drilling or producing from a well either
5-20 drilled, completed, or equipped so that it is capable of producing
5-21 less than 10,000 gallons of water per day; or
5-22 (2) the drilling or alteration of the size of a well
5-23 or to restrict the production of a well if the water produced or to
5-24 be produced from the well is or will be used to supply the domestic
5-25 needs of five or fewer households in which a person who is a member
5-26 of each household is either the owner of the well, a person related
5-27 to the owner or a member of the owner's household within the second
6-1 degree by consanguinity, or an employee of the owner.
6-2 (j) The district may construct, implement, and maintain best
6-3 management practices in the district and may engage in and promote
6-4 acceptance of best management practices through education efforts
6-5 sponsored by the district for the purposes of water quality and
6-6 water availability practices, such as brush management, recharge
6-7 enhancement, water and silt detention and retention structures,
6-8 plugging of abandoned wells, and other treatment measures for the
6-9 conservation of groundwater resources.
6-10 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed
6-11 by a board of five directors.
6-12 (b) The temporary directors appointed by the Comal County
6-13 Commissioners Court shall serve until initial directors are elected
6-14 under Section 8 of this Act.
6-15 (c) The temporary directors are:
6-16 (1) Cal Perrine;
6-17 (2) Ernest T. Lee;
6-18 (3) Jill Sondeen;
6-19 (4) Larry Hull; and
6-20 (5) Stovy Bowlin.
6-21 (d) Initial directors will be elected at the confirmation
6-22 election and will serve until permanent directors are elected under
6-23 Section 9 of this Act.
6-24 (e) Permanent directors serve staggered four-year terms.
6-25 (f) Each director must qualify to serve as director in the
6-26 manner provided by Section 36.055, Water Code.
6-27 (g) A director serves until the director's successor has
7-1 qualified.
7-2 (h) If there is a vacancy on the board, the remaining
7-3 directors shall appoint a director to serve the remainder of the
7-4 term. If the vacant office is not scheduled for election for more
7-5 than two years at the time of the appointment, the board shall
7-6 order an election for the unexpired term to be held as part of the
7-7 next regularly scheduled director's election. The appointed
7-8 director's term shall end on qualification of the director elected
7-9 at that election. If at any time there are fewer than three
7-10 qualified directors, the Comal County Commissioners Court shall
7-11 appoint the necessary number of persons to fill all vacancies on
7-12 the board.
7-13 (i) Directors may serve consecutive terms.
7-14 SECTION 7. METHOD OF ELECTING DIRECTORS. (a) The directors
7-15 of the district shall be elected according to the single-member
7-16 subdistrict method as provided by this section. The temporary
7-17 directors shall draw four numbered, single-member subdistricts for
7-18 electing directors.
7-19 (b) One director shall be elected by the qualified voters of
7-20 the entire district, and one director shall be elected from each of
7-21 the four subdistricts by the qualified voters of that subdistrict.
7-22 No more than two subdistricts may be in a single municipality.
7-23 (c) To be eligible to be a candidate for or to serve as
7-24 director at large, a person must reside in and be a registered
7-25 voter in the district. To be eligible to be a candidate for or to
7-26 serve as director from a subdistrict, a person must be a registered
7-27 voter in that subdistrict.
8-1 (d) A person eligible to be a candidate for director under
8-2 Subsection (c) of this section may request a place on the ballot as
8-3 a write-in candidate, subject to two restrictions:
8-4 (1) in an election for board members, a write-in vote
8-5 may not be counted unless the name written in appears on the list
8-6 of write-in candidates; and
8-7 (2) a declaration of write-in candidacy must be filed
8-8 not later than 5 p.m. of the 45th day before election day.
8-9 (e) The initial or permanent directors may revise the
8-10 subdistricts as necessary or appropriate. The board shall revise
8-11 each single-member subdistrict after each federal decennial census
8-12 to reflect population changes. At the first election after the
8-13 single-member subdistricts are revised, a new director shall be
8-14 elected from each subdistrict. The directors shall draw lots to
8-15 determine which two directors serve two-year terms and which two
8-16 directors serve four-year terms.
8-17 SECTION 8. CONFIRMATION ELECTION AND ELECTION OF INITIAL
8-18 DIRECTORS. (a) As soon as practicable after September 1, 2001, and
8-19 after the United States Department of Justice has precleared this
8-20 Act, the temporary board of directors shall set the date for, call,
8-21 and hold an election:
8-22 (1) to confirm establishment of the district;
8-23 (2) to elect five initial directors; and
8-24 (3) to confirm the authority to tax.
8-25 (b) The district shall contract with the Comal County clerk
8-26 to conduct the election.
8-27 (c) The elected initial directors representing subdistricts
9-1 shall draw lots to determine their terms so that:
9-2 (1) two of the initial directors serve two-year terms
9-3 that expire on the uniform election date in November of the second
9-4 year after the date the initial directors were elected; and
9-5 (2) the remaining two initial directors representing
9-6 subdistricts and the at-large director serve four-year terms that
9-7 expire on the uniform election date in November of the fourth year
9-8 after the year in which the initial directors were elected.
9-9 (d) Section 41.001(a), Election Code, does not apply to a
9-10 confirmation and directors election held as provided by this
9-11 section.
9-12 (e) Except as provided by this section, a confirmation and
9-13 directors election must be conducted as provided by Sections
9-14 36.017(b)-(h), Water Code, and the Election Code.
9-15 (f) The Comal County Commissioners Court shall pay the
9-16 expenses of conducting the confirmation and initial directors
9-17 election, subject to reimbursement from available revenues if the
9-18 establishment of the district is confirmed or from funds allocated
9-19 under Section 36.160, Water Code, if the establishment of the
9-20 district is defeated.
9-21 (g) If the district is defeated, the temporary directors may
9-22 call and hold subsequent elections to confirm establishment of the
9-23 district. A subsequent election may not be held earlier than the
9-24 first anniversary of the date on which the previous election was
9-25 held.
9-26 SECTION 9. ELECTION OF REGULAR DIRECTORS. (a) On the
9-27 uniform election date in November of the second year after the year
10-1 in which the initial directors were elected, an election shall be
10-2 held in the district to elect two regular directors for the
10-3 positions of the two initial directors serving two-year terms.
10-4 (b) On the uniform election date in November of each
10-5 subsequent second year following the election held under Subsection
10-6 (a) of this section, an election shall be held to elect the
10-7 appropriate number of regular directors to the board.
10-8 SECTION 10. COORDINATION. The district may coordinate
10-9 activities with other groundwater districts that regulate the
10-10 Trinity Aquifer for the purposes of jointly managing the common
10-11 resource.
10-12 SECTION 11. MODIFICATION OF DISTRICT. A district created
10-13 under this Act may be modified only as prescribed by Subchapter J,
10-14 Chapter 36, Water Code, or by subsequent acts of the Texas
10-15 Legislature.
10-16 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
10-17 The proper and legal notice of the intention to introduce this Act,
10-18 setting forth the general substance of this Act, has been published
10-19 as provided by law, and the notice and a copy of this Act have been
10-20 furnished to all persons, agencies, officials, or entities to which
10-21 they are required to be furnished by the constitution and other
10-22 laws of this state, including the governor, who has submitted the
10-23 notice and Act to the commission.
10-24 (b) The commission has filed its recommendations relating to
10-25 this Act with the governor, lieutenant governor, and speaker of the
10-26 house of representatives within the required time.
10-27 (c) All requirements of the constitution and laws of this
11-1 state and the rules and procedures of the legislature with respect
11-2 to the notice, introduction, and passage of this Act are fulfilled
11-3 and accomplished.
11-4 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
11-5 takes effect September 1, 2001.
11-6 (b) If the district has not been confirmed at an election
11-7 held under Section 8 of this Act before the fourth anniversary of
11-8 the effective date of this Act, the district is dissolved on that
11-9 date, except that any debts incurred shall be paid and the
11-10 organization of the district shall be maintained until all debts
11-11 are paid.