By Chisum                                             H.B. No. 3024
         77R5418 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the powers of the Panhandle Ground Water Conservation
 1-3     District Number 3, South of the Canadian River.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 2 and 3, Chapter 19, Acts of the 55th
 1-6     Legislature, Regular Session, 1957 (Article 8280-191, Vernon's
 1-7     Texas Civil Statutes), are amended to read as follows:
 1-8           Sec. 2. Ground Water Conservation District Number Three,
 1-9     South of the Canadian River, hereinafter sometimes referred to as
1-10     the District, shall have and exercise and is hereby vested with all
1-11     of the rights, powers, privileges and duties conferred and imposed
1-12     by the general laws of this State now enforced or hereafter enacted
1-13     applicable to underground water conservation districts created
1-14     under authority of Article 16, Section 59 of the Constitution of
1-15     Texas, and Chapters 35, 36, and 51, Water Code [Chapter 3A of Title
1-16     128, Vernon's Texas Civil Statutes together with all amendments and
1-17     additions thereto, including particularly Article 7880-3c, Vernon's
1-18     Texas Civil Statutes (Chapter 306, Page 559, Acts of the
1-19     Fifty-first Legislature of Texas, 1949) for the purpose of]:
1-20                 (1)  To formulate, promulgate and enforce rules and
1-21     regulations for the purpose of conserving, preserving, protecting
1-22     and recharging the underground water of the underground water
1-23     reservoir or subdivision thereof;
1-24                 (2)  To formulate, promulgate and enforce rules and
 2-1     regulations to prevent the waste, as defined by Section 36.001,
 2-2     Water Code [in Section 3c, Article 7880, Revised Civil Statutes of
 2-3     Texas as now, or hereafter amended], of the underground water of
 2-4     the underground water reservoir or subdivision thereof;
 2-5                 (3)  To require permits for the drilling, equipping and
 2-6     completion of wells in the underground water reservoir and to issue
 2-7     such permits subject to such terms and provisions with reference to
 2-8     the drilling, equipping and completion thereof as may be necessary
 2-9     to prevent waste;
2-10                 (4)  To provide for the spacing of wells producing from
2-11     the underground water reservoir or subdivision thereof and to
2-12     regulate the production therefrom so as to minimize as far as
2-13     practicable the drawdown of the water table or the reduction of the
2-14     artesian pressure; provided, however, the owner of the land, his
2-15     heirs, assigns and lessees, shall not be denied a permit to drill a
2-16     well on his land and produce underground water therefrom subject to
2-17     rules and regulations promulgated hereunder to prevent waste;
2-18                 (5)  To require records to be kept and reports to be
2-19     made of the drilling, equipping, and completion of wells into the
2-20     underground water reservoir or subdivision thereof and the taking
2-21     and use of underground water therefrom; to require accurate
2-22     driller's logs which may be made of such wells to be filed with the
2-23     district and the Texas Natural Resource Conservation Commission
2-24     [State Board of Water Engineers];
2-25                 (6)  To acquire lands for the erection of dams and for
2-26     the purpose of draining lakes, draws, and depressions, and to
2-27     construct dams, drain lakes, depressions, draws, and creeks and to
 3-1     install pumps and other equipment necessary to recharge the
 3-2     underground water reservoir or subdivision thereof[, but such
 3-3     district shall not engage in the sale or distribution of surface or
 3-4     underground water for any purpose];
 3-5                 (7)  To cause to be made by registered professional
 3-6     engineers surveys of the underground water of the underground water
 3-7     reservoir or subdivision thereof and of the facilities for the
 3-8     development, production and use of such underground water, to
 3-9     determine the quantity thereof available for production and use and
3-10     the improvements, developments, and recharges needed for such
3-11     underground water reservoir or subdivision thereof;
3-12                 (8)  To develop comprehensive plans for the most
3-13     efficient use of the underground water of the underground water
3-14     reservoir or subdivision thereof and for the control and prevention
3-15     of waste of such underground water, which plans shall specify in
3-16     such detail as may be practicable the acts, procedure, performance
3-17     and avoidance which are or may be necessary to effect such plans,
3-18     including specifications therefor; to carry out research projects,
3-19     develop information and determine limitations, if any, which should
3-20     be made on the withdrawal of underground water from the underground
3-21     water reservoir or subdivision thereof; to collect and preserve
3-22     information regarding the use of such underground water and the
3-23     practicability of recharge of the underground water subdivision
3-24     thereof; to publish such plans and information, bring them to the
3-25     notice and attention of the users of such underground water within
3-26     the district, and to encourage their adoption and execution;
3-27                 (9)  To enforce, by injunction, mandatory injunction or
 4-1     other appropriate remedy, in courts of competent jurisdiction,
 4-2     rules and regulations duly adopted and promulgated by such
 4-3     district; provided, that no rule or regulation shall be effective
 4-4     until a brief resume thereof has been published once a week for two
 4-5     (2) consecutive weeks in one or more newspapers to give circulation
 4-6     within the district, and such rule or regulation is to be effective
 4-7     not less than fourteen (14) days after the date of the first
 4-8     publication;
 4-9                 (10)  To incur all such indebtedness as may be
4-10     necessary and requisite to the achievement of the purposes for
4-11     which the district is created; to issue negotiable bonds for the
4-12     purposes set forth in Section 2(6) of this Act and levy and collect
4-13     such ad valorem taxes as may be necessary for the payment of the
4-14     interest and the creation of a sinking fund for the payment of such
4-15     bonds, the issuance of such bonds and the levy and collection of
4-16     taxes to be in accordance with Chapters 35, 36, and 51, Water Code
4-17     [the provisions of Chapter 25, Acts, Thirty-ninth Legislature,
4-18     Regular Session, 1925 (Chapter 3A, Title 128, Vernon's Texas Civil
4-19     Statutes), as now or hereafter amended]; to levy and collect the ad
4-20     valorem tax authorized at the election held January 21, 1956, for
4-21     the maintenance of such district, its installations and activities;
4-22     to hereafter order elections for the purpose of authorizing the
4-23     levy and collection of taxes for the maintenance of the district,
4-24     its installations and activities, such elections to be ordered and
4-25     held as is provided for elections authorizing the issuance of
4-26     bonds; provided that in all bond elections and tax elections all
4-27     persons may vote who are resident, qualified property taxpaying
 5-1     voters of such district whose property has been duly rendered for
 5-2     taxation as provided in Section 3a, Article VI, Constitution of
 5-3     Texas; provided further that the aggregate amount of taxes for all
 5-4     purposes may never in any one (1) year exceed Fifty Cents (50 ) on
 5-5     the One Hundred Dollars ($100) assessed valuation on property in
 5-6     the district subject to taxation; and provided, further, that the
 5-7     district may have its taxes assessed and collected [by the
 5-8     respective county tax assessors and collectors] as provided by
 5-9     Sections 6.24 and 6.27, Tax Code [in Chapter 218, Page 348, Acts,
5-10     Fifty-second Legislature, Regular Session, 1951].
5-11           Sec. 3. Except as herein otherwise provided, said district
5-12     shall be governed by Chapters 35, 36, and 51, Water Code [the
5-13     provisions of Chapter 25, Acts of the Thirty-ninth Legislature of
5-14     Texas, Regular Session, 1925, as now or hereafter amended (Chapter
5-15     3A, Title 128, Vernon's Texas Civil Statutes, as now or hereafter
5-16     amended, and particularly Section 3c of said Chapter 3A)].
5-17           SECTION 2. Chapter 19, Acts of the 55th Legislature, Regular
5-18     Session, 1957 (Article 8280-191, Vernon's Texas Civil Statutes), is
5-19     amended by adding Section 2A to read as follows:
5-20           Sec. 2A. The district may impose a reasonable fee on water
5-21     transported out of the district, not to exceed:
5-22                 (1)  the amount negotiated between the district and the
5-23     transporter of the water; or
5-24                 (2)  an amount equal to the district's maximum tax rate
5-25     per $100 of valuation for each 1,000 gallons of water transported
5-26     out of the district.
5-27           SECTION 3. This Act takes effect September 1, 2001.