1-1 AN ACT
1-2 relating to the ratification of the creation of and to the
1-3 administration, powers, duties, operation, and financing of the Cow
1-4 Creek Groundwater Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. RATIFICATION OF CREATION. The creation by Chapter
1-7 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
1-8 Bill No. 1911), of the Cow Creek Groundwater Conservation District
1-9 in Kendall County is ratified as required by Section 15(a) of that
1-10 Act, subject to approval at a confirmation election under Section 8
1-11 of this Act.
1-12 SECTION 2. DEFINITIONS. In this Act:
1-13 (1) "District" means the Cow Creek Groundwater
1-14 Conservation District.
1-15 (2) "Retail public utility" means a retail public
1-16 utility as defined by Section 13.002, Water Code, that is providing
1-17 service in the district on the effective date of this Act.
1-18 (3) "Well" includes any excavation drilled or dug into
1-19 the ground that may intercept or penetrate a water bearing strata
1-20 or formation.
1-21 SECTION 3. BOUNDARIES. The boundaries of the district are
1-22 coextensive with the boundaries of Kendall County, Texas.
1-23 SECTION 4. GENERAL POWERS. (a) The district has all of the
1-24 rights, powers, privileges, authority, functions, and duties
2-1 provided by the general law of this state, including Chapter 36,
2-2 Water Code, applicable to groundwater conservation districts
2-3 created under Section 59, Article XVI, Texas Constitution. This
2-4 Act prevails over any provision of general law that is in conflict
2-5 or inconsistent with this Act, including any provision of Chapter
2-6 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
2-7 Bill No. 1911).
2-8 (b) Notwithstanding Subsection (a), the following provisions
2-9 prevail over a conflicting or inconsistent provision of this Act:
2-10 (1) Sections 36.1071-36.108, Water Code;
2-11 (2) Sections 36.159-36.161, Water Code; and
2-12 (3) Subchapter I, Chapter 36, Water Code.
2-13 SECTION 5. BOARD OF DIRECTORS. (a) The district is governed
2-14 by a board of five directors.
2-15 (b) Temporary directors serve until initial directors are
2-16 elected under Section 8 of this Act.
2-17 (c) Initial directors serve until permanent directors are
2-18 elected under Section 10 of this Act.
2-19 (d) Permanent directors serve staggered four-year terms.
2-20 (e) Each director must qualify to serve as director in the
2-21 manner provided by Section 36.055, Water Code.
2-22 (f) A director serves until the director's successor has
2-23 qualified.
2-24 (g) If there is a vacancy on the board, the remaining
2-25 directors shall appoint a director to serve until the next election
2-26 for directors. At the next election for directors, a person shall
2-27 be elected to fill the position. If the position is not scheduled
3-1 to be filled at the election, the person elected to fill the
3-2 position shall serve only for the remainder of the unexpired term.
3-3 SECTION 6. METHOD OF ELECTING DIRECTORS. (a) The directors
3-4 of the district shall be elected according to the commissioners
3-5 precinct method as provided by this section.
3-6 (b) One director shall be elected by the qualified voters of
3-7 the entire district, and one director shall be elected from each
3-8 county commissioners precinct by the qualified voters of that
3-9 precinct.
3-10 (c) To be qualified to be a candidate for or to serve as a
3-11 director at large, a person must be a registered voter in the
3-12 district. To be qualified to be a candidate for or to serve as a
3-13 director from a county commissioners precinct, a person must be a
3-14 registered voter of that precinct.
3-15 (d) A person shall indicate on the application for a place
3-16 on the ballot:
3-17 (1) the precinct that the person seeks to represent;
3-18 or
3-19 (2) that the person seeks to represent the district at
3-20 large.
3-21 (e) At the first election after the county commissioners
3-22 precincts are redrawn under Section 18, Article V, Texas
3-23 Constitution, four new directors shall be elected to represent the
3-24 precincts. The directors elected shall draw lots to determine
3-25 which two directors serve two-year terms and which two directors
3-26 serve four-year terms.
3-27 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
4-1 directors shall be appointed by the county commissioners court. The
4-2 county commissioners court shall appoint a temporary director from
4-3 each commissioners precinct and one director at large.
4-4 (b) If a temporary director fails to qualify for office, the
4-5 temporary directors who have qualified shall appoint a person to
4-6 fill the vacancy. If at any time there are fewer than three
4-7 qualified directors, the Texas Natural Resource Conservation
4-8 Commission shall appoint the necessary number of persons to fill
4-9 all vacancies on the board.
4-10 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
4-11 The temporary board of directors shall call and hold an election to
4-12 confirm establishment of the district and to elect initial
4-13 directors.
4-14 (b) At the confirmation and initial directors' election, the
4-15 temporary board of directors shall have placed on the ballot the
4-16 names of the five temporary directors, the name of any other
4-17 candidate filing for an initial director's position, and blank
4-18 spaces to write in the names of other persons.
4-19 (c) Section 41.001(a), Election Code, does not apply to a
4-20 confirmation and initial directors' election held as provided by
4-21 this section.
4-22 (d) Except as provided by this section, a confirmation and
4-23 initial directors' election must be conducted as provided by
4-24 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-25 (e) If a majority of the votes cast at the election held
4-26 under this section is against the confirmation of the district, the
4-27 temporary directors may not call another election under this
5-1 section before the first anniversary of that election.
5-2 (f) If a majority of the votes cast at the election held
5-3 under this section is in favor of the creation of the district, the
5-4 temporary directors shall declare the district created.
5-5 (g) If the district is created at the confirmation election,
5-6 the temporary directors, at the time the vote is canvassed, shall
5-7 declare the candidate receiving the most votes from each
5-8 commissioners precinct and at large to be elected as initial
5-9 directors.
5-10 (h) The temporary directors shall file a copy of the
5-11 election results with the Texas Natural Resource Conservation
5-12 Commission.
5-13 SECTION 9. TERMS OF OFFICE OF INITIAL DIRECTORS. The initial
5-14 directors for precincts 2 and 3 shall serve as initial directors
5-15 until the first regular meeting of the board of directors held
5-16 after the first permanent director's election under Section 10 of
5-17 this Act. The initial directors for precincts 1 and 4 and the
5-18 initial director representing the district at large shall serve as
5-19 initial directors until the first regular meeting of the board of
5-20 directors held after the second permanent director's election under
5-21 Section 10 of this Act.
5-22 SECTION 10. ELECTION OF DIRECTORS. Beginning in the second
5-23 year after the year in which the creation of the district is
5-24 confirmed at a confirmation election, an election shall be held in
5-25 the district on the first Saturday in May every second year to
5-26 elect the appropriate number of directors to the board.
5-27 SECTION 11. ADDITIONAL AUTHORITY. (a) The district may
6-1 contract with one or more state agencies or other governmental
6-2 bodies, including a county, a river authority, or another district
6-3 to carry out any function of the district.
6-4 (b) The district may require a drilling permit before a new
6-5 well is drilled or an existing well is substantially altered.
6-6 Notwithstanding an exemption for a well under Section 36.117, Water
6-7 Code, written authorization from the district must be received
6-8 before a new well is drilled or an existing well is substantially
6-9 altered.
6-10 (c) The district may participate in the construction,
6-11 implementation, and maintenance of best management practices for
6-12 water resource management in the district and may engage in and
6-13 promote the acceptance of best management practices through
6-14 education efforts sponsored by the district. Construction,
6-15 implementation, and maintenance of best management practices must
6-16 address water quantity and quality practices such as brush
6-17 management, prescribed grazing, recharge structures, water and silt
6-18 detention and retention structures, plugging of abandoned wells,
6-19 rainwater harvesting, and other treatment measures for the
6-20 conservation of water resources.
6-21 (d) Reasonable fees, as determined by the district, may be
6-22 imposed on an annual basis on each nonexempt well. The district
6-23 shall adopt any rules necessary for the assessment and collection
6-24 of fees under this subsection.
6-25 (e) The district may use money collected from fees:
6-26 (1) in any manner necessary for the management and
6-27 operation of the district;
7-1 (2) to pay all or part of the principal of and
7-2 interest on district bonds or notes; and
7-3 (3) for any purpose consistent with the district's
7-4 certified water management plan.
7-5 (f) The district shall adopt rules providing for granting
7-6 exemptions from ad valorem taxes on property on which a water
7-7 conservation initiative has been implemented. The rules adopted by
7-8 the district must be consistent with the rules adopted by the
7-9 comptroller to implement Section 11.32, Tax Code.
7-10 (g) The rules must provide that a retail public utility is
7-11 eligible to receive an exemption from ad valorem taxes on property
7-12 on the same grounds as for any other district customer. To
7-13 encourage retail public utilities to obtain water supplies from
7-14 sources other than groundwater, the rules adopted by the district
7-15 under Subsection (f) must include an exemption from ad valorem
7-16 taxes on property served by a retail public utility based on:
7-17 (1) the percentage of potable water supplied within
7-18 the district by the retail public utility from sources other than
7-19 groundwater compared to the total water supplied by the retail
7-20 public utility for the preceding year; and
7-21 (2) the percentage of wastewater effluent produced by
7-22 the retail public utility that is used as reclaimed water within
7-23 the district compared to the total wastewater effluent produced by
7-24 the retail public utility for the preceding year.
7-25 (h) The district may consider the impact of floods and
7-26 equipment breakage upon the retail public utility's ability to
7-27 supply water from sources other than groundwater.
8-1 (i) The total amount of the exemption from ad valorem taxes
8-2 shall not exceed one-half of the tax imposed by the district.
8-3 SECTION 12. PROHIBITED ACTS. The district may not:
8-4 (1) impose an ad valorem tax for administrative,
8-5 operation, or maintenance expenses that exceeds the lesser of the
8-6 rate approved by the majority of the qualified voters voting in an
8-7 election authorizing the tax or three cents per $100 of assessed
8-8 valuation;
8-9 (2) require the owner of a well used solely for
8-10 domestic or livestock purposes to install a meter or measuring
8-11 device on the well;
8-12 (3) sell, transport, or export groundwater outside of
8-13 the district;
8-14 (4) enter into a contract or engage in an action to
8-15 supply water to a person in the service area of any municipality or
8-16 retail public utility located in the district, except with the
8-17 express permission of the municipality or retail public utility; or
8-18 (5) issue before September 1, 2004, any bonds secured
8-19 by ad valorem taxes.
8-20 SECTION 13. VALIDATION. (a) Any act or proceeding taken by
8-21 or on behalf of the Cow Creek Groundwater Conservation District
8-22 before the effective date of this Act is validated in all respects
8-23 as if the act or proceeding had occurred as authorized by law.
8-24 (b) Subsection (a) does not apply to any matter that on the
8-25 effective date of this Act:
8-26 (1) is involved in litigation if the litigation
8-27 ultimately results in the matter being held invalid by a final
9-1 judgment of a court of competent jurisdiction; or
9-2 (2) has been held invalid by a final judgment of a
9-3 court of competent jurisdiction.
9-4 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
9-5 The proper and legal notice of the intention to introduce this Act,
9-6 setting forth the general substance of this Act, has been published
9-7 as provided by law, and the notice and a copy of this Act have been
9-8 furnished to all persons, agencies, officials, or entities to which
9-9 they are required to be furnished by the constitution and other
9-10 laws of this state, including the governor, who has submitted the
9-11 notice and Act to the Texas Natural Resource Conservation
9-12 Commission.
9-13 (b) The Texas Natural Resource Conservation Commission has
9-14 filed its recommendations relating to this Act with the governor,
9-15 lieutenant governor, and speaker of the house of representatives
9-16 within the required time.
9-17 (c) All requirements of the constitution and laws of this
9-18 state and the rules and procedures of the legislature with respect
9-19 to the notice, introduction, and passage of this Act are fulfilled
9-20 and accomplished.
9-21 SECTION 15. EXPIRATION DATE; EFFECTIVE DATE. (a) If the
9-22 creation of the district is not confirmed at a confirmation
9-23 election held under Section 8 of this Act before September 1, 2003,
9-24 this Act expires on that date.
9-25 (b) This Act takes effect immediately if it receives a vote
9-26 of two-thirds of all the members elected to each house, as provided
9-27 by Section 39, Article III, Texas Constitution. If this Act does
10-1 not receive the vote necessary for immediate effect, this Act takes
10-2 effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3544 was passed by the House on April
20, 2001, by the following vote: Yeas 142, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3544 on May 25, 2001, by the following vote: Yeas 103, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3544 was passed by the Senate, with
amendments, on May 23, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor