1-1     By:  Chisum (Senate Sponsor - Bivins)                 H.B. No. 3024
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 7, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 7, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the powers of the Panhandle Groundwater Conservation
 1-9     District.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Sections 2 and 3, Chapter 19, Acts of the 55th
1-12     Legislature, Regular Session, 1957 (Article 8280-191, Vernon's
1-13     Texas Civil Statutes), are amended to read as follows:
1-14           Sec. 2. Panhandle Groundwater [Ground Water] Conservation
1-15     District [Number Three, South of the Canadian River], hereinafter
1-16     sometimes referred to as the District, shall have and exercise and
1-17     is hereby vested with all of the rights, powers, privileges and
1-18     duties conferred and imposed by the general laws of this State now
1-19     enforced or hereafter enacted applicable to underground water
1-20     conservation districts created under authority of Article 16,
1-21     Section 59 of the Constitution of Texas, and Chapters 35 and 36,
1-22     Water Code [Chapter 3A of Title 128, Vernon's Texas Civil Statutes
1-23     together with all amendments and additions thereto, including
1-24     particularly Article 7880-3c, Vernon's Texas Civil Statutes
1-25     (Chapter 306, Page 559, Acts of the Fifty-first Legislature of
1-26     Texas, 1949) for the purpose of]:
1-27                 (1)  To formulate, promulgate and enforce rules and
1-28     regulations for the purpose of conserving, preserving, protecting
1-29     and recharging the underground water of the underground water
1-30     reservoir or subdivision thereof;
1-31                 (2)  To formulate, promulgate and enforce rules and
1-32     regulations to prevent the waste, as defined by Section 36.001,
1-33     Water Code [in Section 3c, Article 7880, Revised Civil Statutes of
1-34     Texas as now, or hereafter amended], of the underground water of
1-35     the underground water reservoir or subdivision thereof;
1-36                 (3)  To require permits for the drilling, equipping and
1-37     completion of wells in the underground water reservoir and to issue
1-38     such permits subject to such terms and provisions with reference to
1-39     the drilling, equipping and completion thereof as may be necessary
1-40     to prevent waste;
1-41                 (4)  To provide for the spacing of wells producing from
1-42     the underground water reservoir or subdivision thereof and to
1-43     regulate the production therefrom so as to minimize as far as
1-44     practicable the drawdown of the water table or the reduction of the
1-45     artesian pressure; provided, however, the owner of the land, his
1-46     heirs, assigns and lessees, shall not be denied a permit to drill a
1-47     well on his land and produce underground water therefrom subject to
1-48     rules and regulations promulgated hereunder to prevent waste;
1-49                 (5)  To require records to be kept and reports to be
1-50     made of the drilling, equipping, and completion of wells into the
1-51     underground water reservoir or subdivision thereof and the taking
1-52     and use of underground water therefrom; to require accurate
1-53     driller's logs which may be made of such wells to be filed with the
1-54     district and the appropriate state agency [State Board of Water
1-55     Engineers];
1-56                 (6)  To acquire lands for the erection of dams and for
1-57     the purpose of draining lakes, draws, and depressions, and to
1-58     construct dams, drain lakes, depressions, draws, and creeks and to
1-59     install pumps and other equipment necessary to recharge the
1-60     underground water reservoir or subdivision thereof[, but such
1-61     district shall not engage in the sale or distribution of surface or
1-62     underground water for any purpose];
1-63                 (7)  To cause to be made by registered professional
1-64     engineers surveys of the underground water of the underground water
 2-1     reservoir or subdivision thereof and of the facilities for the
 2-2     development, production and use of such underground water, to
 2-3     determine the quantity thereof available for production and use and
 2-4     the improvements, developments, and recharges needed for such
 2-5     underground water reservoir or subdivision thereof;
 2-6                 (8)  To develop comprehensive plans for the most
 2-7     efficient use of the underground water of the underground water
 2-8     reservoir or subdivision thereof and for the control and prevention
 2-9     of waste of such underground water, which plans shall specify in
2-10     such detail as may be practicable the acts, procedure, performance
2-11     and avoidance which are or may be necessary to effect such plans,
2-12     including specifications therefor; to carry out research projects,
2-13     develop information and determine limitations, if any, which should
2-14     be made on the withdrawal of underground water from the underground
2-15     water reservoir or subdivision thereof; to collect and preserve
2-16     information regarding the use of such underground water and the
2-17     practicability of recharge of the underground water subdivision
2-18     thereof; to publish such plans and information, bring them to the
2-19     notice and attention of the users of such underground water within
2-20     the district, and to encourage their adoption and execution;
2-21                 (9)  To enforce, by injunction, mandatory injunction or
2-22     other appropriate remedy, in courts of competent jurisdiction,
2-23     rules and regulations duly adopted and promulgated by such
2-24     district; provided, that no rule or regulation shall be effective
2-25     until a brief resume thereof has been published once a week for two
2-26     (2) consecutive weeks in one or more newspapers to give circulation
2-27     within the district, and such rule or regulation is to be effective
2-28     not less than fourteen (14) days after the date of the first
2-29     publication;
2-30                 (10)  To incur all such indebtedness as may be
2-31     necessary and requisite to the achievement of the purposes for
2-32     which the district is created; to issue negotiable bonds for the
2-33     purposes set forth in Section 2(6) of this Act and levy and collect
2-34     such ad valorem taxes as may be necessary for the payment of the
2-35     interest and the creation of a sinking fund for the payment of such
2-36     bonds, the issuance of such bonds and the levy and collection of
2-37     taxes to be in accordance with Chapters 35 and 36, Water Code [the
2-38     provisions of Chapter 25, Acts, Thirty-ninth Legislature, Regular
2-39     Session, 1925 (Chapter 3A, Title 128, Vernon's Texas Civil
2-40     Statutes), as now or hereafter amended]; to levy and collect the ad
2-41     valorem tax authorized at the election held January 21, 1956, for
2-42     the maintenance of such district, its installations and activities;
2-43     to hereafter order elections for the purpose of authorizing the
2-44     levy and collection of taxes for the maintenance of the district,
2-45     its installations and activities, such elections to be ordered and
2-46     held as is provided for elections authorizing the issuance of
2-47     bonds; provided that in all bond elections and tax elections all
2-48     persons may vote who are resident, qualified property taxpaying
2-49     voters of such district whose property has been duly rendered for
2-50     taxation as provided in Section 3a, Article VI, Constitution of
2-51     Texas; provided further that the aggregate amount of taxes for all
2-52     purposes may never in any one (1) year exceed Fifty Cents (50 ) on
2-53     the One Hundred Dollars ($100) assessed valuation on property in
2-54     the district subject to taxation; and provided, further, that the
2-55     district may have its taxes assessed and collected [by the
2-56     respective county tax assessors and collectors] as provided by
2-57     Sections 6.24 and 6.27, Tax Code [in Chapter 218, Page 348, Acts,
2-58     Fifty-second Legislature, Regular Session, 1951].
2-59           Sec. 3. Except as herein otherwise provided, said district
2-60     shall be governed by Chapters 35 and 36, Water Code [the provisions
2-61     of Chapter 25, Acts of the Thirty-ninth Legislature of Texas,
2-62     Regular Session, 1925, as now or hereafter amended (Chapter 3A,
2-63     Title 128, Vernon's Texas Civil Statutes, as now or hereafter
2-64     amended, and particularly Section 3c of said Chapter 3A)].
2-65           SECTION 2. Chapter 19, Acts of the 55th Legislature, Regular
2-66     Session, 1957 (Article 8280-191, Vernon's Texas Civil Statutes), is
2-67     amended by adding Section 2A to read as follows:
2-68           Sec. 2A. (a)  The district may impose a reasonable fee on
2-69     water transported out of the district, not to exceed:
 3-1                 (1)  the amount negotiated between the district and the
 3-2     transporter of the water; or
 3-3                 (2)  an amount equal to:
 3-4                       (A)  the district's maximum tax rate per $100 of
 3-5     valuation for each 1,000 gallons of water transported out of the
 3-6     district; or
 3-7                       (B)  $0.025 per thousand gallons of water if the
 3-8     district assesses a tax rate of less than $0.025 per hundred
 3-9     dollars of valuation.
3-10           (b)  A conservation and reclamation district created under
3-11     Section 59, Article XVI, Texas Constitution, that provides water to
3-12     five or more municipalities outside the district and holds a permit
3-13     granted before March 1, 2001, is not required to pay a fee under
3-14     Subsection (a)  but shall pay the district an amount equal to 60
3-15     percent of the district's annually set tax rate per $100 valuation
3-16     for each 1,000 gallons of water the conservation and reclamation
3-17     district delivers to a municipality located entirely outside the
3-18     district beginning on the effective date of the law enacting this
3-19     section.  This subsection applies to all deliveries made to a
3-20     municipality that is a member of the conservation and reclamation
3-21     district on the effective date of the law enacting this section,
3-22     regardless of whether the delivery is covered by a permit in effect
3-23     at that time.  This subsection does not apply to a municipality
3-24     that is not a member of the conservation and reclamation district
3-25     on the effective date of the law enacting this section.
3-26           SECTION 3. This Act takes effect September 1, 2001.
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