1-1 By: Kuempel (Senate Sponsor - Wentworth) H.B. No. 2855 1-2 (In the Senate - Received from the House May 7, 2001; 1-3 May 7, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 6, Nays 0; May 11, 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, taxing authority, and 1-10 financing of the Southeast Trinity Groundwater Conservation 1-11 District. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. RATIFICATION OF CREATION. The creation by Chapter 1-14 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 1-15 Bill 1911), of the Southeast Trinity Groundwater Conservation 1-16 District is ratified as required by Section 15(a) of that Act, 1-17 subject to approval at a confirmation election under Section 8 of 1-18 this Act. 1-19 SECTION 2. DEFINITIONS. In this Act: 1-20 (1) "Board" means the board of directors of the 1-21 Southeast Trinity Groundwater Conservation District. 1-22 (2) "Commission" means the Texas Natural Resource 1-23 Conservation Commission. 1-24 (3) "District" means the Southeast Trinity Groundwater 1-25 Conservation District. 1-26 SECTION 3. BOUNDARIES. The boundaries of the district are: 1-27 BEGINNING at the point of intersection of the Bexar County - 1-28 Comal County - Kendall County line: 1-29 THENCE following the meanders of the Cibolo Creek, the Bexar 1-30 County - Comal County line in an Easterly direction to the point of 1-31 intersection with latitude 29 40': 1-32 THENCE along 29 40' in a Southeasterly direction to the 1-33 point of intersection with Farm to Market Road 3009: 1-34 THENCE with the centerline of Farm to Market Road 3009 in a 1-35 Southerly direction to the point of intersection with the 1-36 centerline of Schoenthal Road: 1-37 THENCE with the centerline of Schoenthal Road in a 1-38 Northeasterly direction to the point of intersection with the 1-39 centerline of Farm to Market Road 1863: 1-40 THENCE with the centerline of Farm to Market Road 1863 in an 1-41 Easterly direction to the point of intersection with the centerline 1-42 of Mission Valley Road: 1-43 THENCE with the centerline of Mission Valley Road in a 1-44 Northeasterly direction to the point of intersection with the 1-45 centerline of State Highway 46; 1-46 THENCE with the centerline of State Highway 46 in a 1-47 Northwesterly direction to the point of intersection with the 1-48 centerline of Hueco Springs Loop Road: 1-49 THENCE with the centerline of Hueco Springs Loop Road in a 1-50 Northeasterly then Easterly direction to the point of intersection 1-51 with the centerline of River Road: 1-52 THENCE with the centerline of River Road in a Northeasterly 1-53 direction to the point of intersection with the Guadalupe River at 1-54 the First Crossing: 1-55 THENCE following the meanders of the Guadalupe River in a 1-56 Northerly direction to the point of intersection of the center 1-57 lines of the Guadalupe River and Deep Creek: 1-58 (Note: the next four paragraphs coincide with the Southern boundary 1-59 of Comal County Voters Precinct 18) 1-60 THENCE along the meanders of Deep Creek in a Northeasterly 1-61 direction to the point of intersection of the centerline of Deep 1-62 Creek and the South line of the G. F. Lawrence Survey No. 33, 1-63 Abstract No. 358: 1-64 THENCE with the South line of the G. F. Lawrence Survey No. 2-1 33, Abstract No. 358 in a Northeasterly, Southeasterly, and 2-2 Northeasterly direction to the point of intersection of the South 2-3 centerline of Farm to Market Road 306 being at approximately 2-4 Engineers Station 397+98.3: 2-5 THENCE with the centerline of Farm to Market Road 306 in a 2-6 Southeasterly direction to the point of intersection of the center 2-7 lines of Farm to Market Road 306 and the William Pfeuffer private 2-8 ranch road: 2-9 THENCE with the approximate bearing N 69 E and approximate 2-10 distance 5,000 feet to an angle point in the Comal County - Hays 2-11 County Line: 2-12 THENCE with the Comal County - Hays County line in a 2-13 Northwesterly direction to the point of intersection of the Comal 2-14 County - Hays County line with the Comal County - Blanco County 2-15 line: 2-16 THENCE with the Comal County - Blanco County line in a 2-17 Southwesterly direction to the point of intersection of the Comal 2-18 County - Blanco County - Kendall County line, continuing with the 2-19 Comal County - Kendall County line in a Southwesterly direction to 2-20 point of intersection of the Kendall County -Comal County - Bexar 2-21 County line being the Point of Beginning. 2-22 SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature 2-23 finds that the boundaries and field notes of the district form a 2-24 closure. A mistake in the field notes or in copying the field 2-25 notes in the legislative process does not affect the organization, 2-26 existence, or validity of the district, the right of the district 2-27 to levy and collect taxes, or the legality or operation of the 2-28 district or its governing body. 2-29 SECTION 5. GENERAL POWERS. (a) Except as otherwise provided 2-30 by this Act, the district has all of the rights, powers, 2-31 privileges, authority, functions, and duties provided by the 2-32 general law of this state, including Chapter 36, Water Code, 2-33 applicable to groundwater conservation districts created under 2-34 Section 59, Article XVI, Texas Constitution. This Act prevails 2-35 over any provision of general law that is in conflict with or 2-36 inconsistent with this Act. 2-37 (b) The district has no regulatory jurisdiction over the 2-38 Edwards Aquifer or any surface water supply. 2-39 (c) The board of directors of the district by rule may 2-40 impose reasonable fees, including fees for groundwater transported 2-41 out of the district, on each groundwater well in the district that 2-42 is not exempt from regulation by the district, based on the amount 2-43 of water withdrawn from the well. The fees may be assessed 2-44 annually, based on the size of column pipe used in the wells, pump 2-45 capacity, or actual, authorized, or anticipated pumpage, to pay the 2-46 maintenance and operating expenses of the district's regulation of 2-47 groundwater. 2-48 (d) Section 36.205(c), Water Code, does not apply to the 2-49 district. 2-50 (e) The district may assess an ad valorem property tax not 2-51 to exceed seven cents per $100 valuation for administrative, 2-52 operation, and maintenance expenses if approved by a majority of 2-53 the qualified voters voting in an election authorizing the tax. 2-54 (f) Any district conservation fee paid by a retail public 2-55 utility to the district shall be: 2-56 (1) collected by the retail public utility directly as 2-57 a regulatory fee from the customers of the utility and paid to the 2-58 district; and 2-59 (2) shown as a separate line item on the customer's 2-60 bill. 2-61 (g) Fees may not be assessed for groundwater withdrawn from 2-62 the Edwards Aquifer. 2-63 (h) The district shall determine which classes of wells are 2-64 exempt from permitting requirements. 2-65 (i) The district may not require a permit for: 2-66 (1) the drilling or producing from a well either 2-67 drilled, completed, or equipped so that it is capable of producing 2-68 less than 10,000 gallons of water per day; or 2-69 (2) the drilling or alteration of the size of a well 3-1 or to restrict the production of a well if the water produced or to 3-2 be produced from the well is or will be used to supply the domestic 3-3 needs of five or fewer households in which a person who is a member 3-4 of each household is either the owner of the well, a person related 3-5 to the owner or a member of the owner's household within the second 3-6 degree by consanguinity, or an employee of the owner. 3-7 (j) The district may construct, implement, and maintain best 3-8 management practices in the district and may engage in and promote 3-9 acceptance of best management practices through education efforts 3-10 sponsored by the district for the purposes of water quality and 3-11 water availability practices, such as brush management, recharge 3-12 enhancement, water and silt detention and retention structures, 3-13 plugging of abandoned wells, and other treatment measures for the 3-14 conservation of groundwater resources. 3-15 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed 3-16 by a board of five directors. 3-17 (b) The temporary directors appointed by the Comal County 3-18 Commissioners Court shall serve until initial directors are elected 3-19 under Section 8 of this Act. 3-20 (c) The temporary directors are: 3-21 (1) Cal Perrine; 3-22 (2) Ernest T. Lee; 3-23 (3) Jill Sondeen; 3-24 (4) Larry Hull; and 3-25 (5) Stovy Bowlin. 3-26 (d) Initial directors will be elected at the confirmation 3-27 election and will serve until permanent directors are elected under 3-28 Section 9 of this Act. 3-29 (e) Permanent directors serve staggered four-year terms. 3-30 (f) Each director must qualify to serve as director in the 3-31 manner provided by Section 36.055, Water Code. 3-32 (g) A director serves until the director's successor has 3-33 qualified. 3-34 (h) If there is a vacancy on the board, the remaining 3-35 directors shall appoint a director to serve the remainder of the 3-36 term. If the vacant office is not scheduled for election for more 3-37 than two years at the time of the appointment, the board shall 3-38 order an election for the unexpired term to be held as part of the 3-39 next regularly scheduled director's election. The appointed 3-40 director's term shall end on qualification of the director elected 3-41 at that election. If at any time there are fewer than three 3-42 qualified directors, the Comal County Commissioners Court shall 3-43 appoint the necessary number of persons to fill all vacancies on 3-44 the board. 3-45 (i) Directors may serve consecutive terms. 3-46 SECTION 7. METHOD OF ELECTING DIRECTORS. (a) The directors 3-47 of the district shall be elected according to the single-member 3-48 subdistrict method as provided by this section. The temporary 3-49 directors shall draw four numbered, single-member subdistricts for 3-50 electing directors. 3-51 (b) One director shall be elected by the qualified voters of 3-52 the entire district, and one director shall be elected from each of 3-53 the four subdistricts by the qualified voters of that subdistrict. 3-54 No more than two subdistricts may be in a single municipality. 3-55 (c) To be eligible to be a candidate for or to serve as 3-56 director at large, a person must reside in and be a registered 3-57 voter in the district. To be eligible to be a candidate for or to 3-58 serve as director from a subdistrict, a person must be a registered 3-59 voter in that subdistrict. 3-60 (d) A person eligible to be a candidate for director under 3-61 Subsection (c) of this section may request a place on the ballot as 3-62 a write-in candidate, subject to two restrictions: 3-63 (1) in an election for board members, a write-in vote 3-64 may not be counted unless the name written in appears on the list 3-65 of write-in candidates; and 3-66 (2) a declaration of write-in candidacy must be filed 3-67 not later than 5 p.m. of the 45th day before election day. 3-68 (e) The initial or permanent directors may revise the 3-69 subdistricts as necessary or appropriate. The board shall revise 4-1 each single-member subdistrict after each federal decennial census 4-2 to reflect population changes. At the first election after the 4-3 single-member subdistricts are revised, a new director shall be 4-4 elected from each subdistrict. The directors shall draw lots to 4-5 determine which two directors serve two-year terms and which two 4-6 directors serve four-year terms. 4-7 SECTION 8. CONFIRMATION ELECTION AND ELECTION OF INITIAL 4-8 DIRECTORS. (a) As soon as practicable after September 1, 2001, and 4-9 after the United States Department of Justice has precleared this 4-10 Act, the temporary board of directors shall set the date for, call, 4-11 and hold an election: 4-12 (1) to confirm establishment of the district; 4-13 (2) to elect five initial directors; and 4-14 (3) to confirm the authority to tax. 4-15 (b) The district shall contract with the Comal County clerk 4-16 to conduct the election. 4-17 (c) The elected initial directors representing subdistricts 4-18 shall draw lots to determine their terms so that: 4-19 (1) two of the initial directors serve two-year terms 4-20 that expire on the uniform election date in November of the second 4-21 year after the date the initial directors were elected; and 4-22 (2) the remaining two initial directors representing 4-23 subdistricts and the at-large director serve four-year terms that 4-24 expire on the uniform election date in November of the fourth year 4-25 after the year in which the initial directors were elected. 4-26 (d) Section 41.001(a), Election Code, does not apply to a 4-27 confirmation and directors election held as provided by this 4-28 section. 4-29 (e) Except as provided by this section, a confirmation and 4-30 directors election must be conducted as provided by Sections 4-31 36.017(b)-(h), Water Code, and the Election Code. 4-32 (f) The Comal County Commissioners Court shall pay the 4-33 expenses of conducting the confirmation and initial directors 4-34 election, subject to reimbursement from available revenues if the 4-35 establishment of the district is confirmed or from funds allocated 4-36 under Section 36.160, Water Code, if the establishment of the 4-37 district is defeated. 4-38 (g) If the district is defeated, the temporary directors may 4-39 call and hold subsequent elections to confirm establishment of the 4-40 district. A subsequent election may not be held earlier than the 4-41 first anniversary of the date on which the previous election was 4-42 held. 4-43 SECTION 9. ELECTION OF REGULAR DIRECTORS. (a) On the 4-44 uniform election date in November of the second year after the year 4-45 in which the initial directors were elected, an election shall be 4-46 held in the district to elect two regular directors for the 4-47 positions of the two initial directors serving two-year terms. 4-48 (b) On the uniform election date in November of each 4-49 subsequent second year following the election held under Subsection 4-50 (a) of this section, an election shall be held to elect the 4-51 appropriate number of regular directors to the board. 4-52 SECTION 10. COORDINATION. The district may coordinate 4-53 activities with other groundwater districts that regulate the 4-54 Trinity Aquifer for the purposes of jointly managing the common 4-55 resource. 4-56 SECTION 11. MODIFICATION OF DISTRICT. A district created 4-57 under this Act may be modified only as prescribed by Subchapter J, 4-58 Chapter 36, Water Code, or by subsequent acts of the Texas 4-59 Legislature. 4-60 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 4-61 The proper and legal notice of the intention to introduce this Act, 4-62 setting forth the general substance of this Act, has been published 4-63 as provided by law, and the notice and a copy of this Act have been 4-64 furnished to all persons, agencies, officials, or entities to which 4-65 they are required to be furnished by the constitution and other 4-66 laws of this state, including the governor, who has submitted the 4-67 notice and Act to the commission. 4-68 (b) The commission has filed its recommendations relating to 4-69 this Act with the governor, lieutenant governor, and speaker of the 5-1 house of representatives within the required time. 5-2 (c) All requirements of the constitution and laws of this 5-3 state and the rules and procedures of the legislature with respect 5-4 to the notice, introduction, and passage of this Act are fulfilled 5-5 and accomplished. 5-6 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 5-7 takes effect September 1, 2001. 5-8 (b) If the district has not been confirmed at an election 5-9 held under Section 8 of this Act before the fourth anniversary of 5-10 the effective date of this Act, the district is dissolved on that 5-11 date, except that any debts incurred shall be paid and the 5-12 organization of the district shall be maintained until all debts 5-13 are paid. 5-14 * * * * *