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.
3-27 * * * * *