77R11535 SGA-F
By Green H.B. No. 3625
Substitute the following for H.B. No. 3625:
By Counts C.S.H.B. No. 3625
A BILL TO BE ENTITLED
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
1-4 Hays Trinity 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
1-7 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
1-8 (Senate Bill No. 1911), of the Hays Trinity Groundwater
1-9 Conservation District in Hays County is ratified as required by
1-10 Section 15(a) of that Act, subject to approval at a confirmation
1-11 election under Section 9 of this Act.
1-12 SECTION 2. DEFINITION. In this Act, "district" means the
1-13 Hays Trinity Groundwater Conservation District.
1-14 SECTION 3. BOUNDARIES. The boundaries of the district are
1-15 coextensive with the boundaries of Hays County, Texas, excluding
1-16 any area in Hays County that is, on the effective date of this Act,
1-17 within another groundwater conservation district with authority to
1-18 require a permit to drill or alter a well for the withdrawal of
1-19 groundwater. Not later than the 30th day after the date of the
1-20 first meeting of the board of directors of the district, and before
1-21 a confirmation election is held, the board shall prepare and file a
1-22 description of district boundaries with the Hays County clerk and
1-23 the Texas Natural Resource Conservation Commission.
1-24 SECTION 4. GENERAL POWERS. (a) The district has all of the
2-1 rights, powers, privileges, authority, functions, and duties
2-2 provided by the general law of this state, including Chapter 36,
2-3 Water Code, applicable to groundwater conservation districts
2-4 created under Section 59, Article XVI, Texas Constitution. This
2-5 Act prevails over any provision of general law that is in conflict
2-6 or inconsistent with this Act, including any provision of Chapter
2-7 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
2-8 Bill No. 1911).
2-9 (b) Notwithstanding Subsection (a) of this section, the
2-10 following provisions prevail over a conflicting or inconsistent
2-11 provision of this Act:
2-12 (1) Sections 36.1071-36.108, Water Code;
2-13 (2) Sections 36.159-36.161, Water Code; and
2-14 (3) Subchapter I, Chapter 36, Water Code.
2-15 (c) The district may not enter property to inspect an exempt
2-16 well without the property owner's permission.
2-17 (d) The Hays County Commissioners Court by resolution may
2-18 require an election to affirm or reverse a decision of the board of
2-19 directors of the district not later than six months after the date
2-20 of the decision.
2-21 (e) The district may not adopt standards for the
2-22 construction of a residential well that are more stringent than
2-23 state standards for a residential well.
2-24 SECTION 5. EXEMPT WELLS. (a) The following wells are
2-25 exempt from the requirements of Chapter 36, Water Code, and may not
2-26 be regulated, permitted, or metered by the district:
2-27 (1) a well used for domestic use by a single private
3-1 residential household and producing less than 25,000 gallons per
3-2 day; and
3-3 (2) a well used for conventional farming and ranching
3-4 activities, excluding such intensive operations as aquaculture,
3-5 livestock feedlots, or poultry operations.
3-6 (b) The district may not require a permit to construct a
3-7 well described by Subsection (a)(2) of this section.
3-8 SECTION 6. FISCAL RESPONSIBILITIES. (a) The district
3-9 annually shall prepare a budget showing proposed expenditures and
3-10 disbursements and estimated receipts and collections for the next
3-11 fiscal year and shall hold a public hearing on the proposed budget.
3-12 The district must publish notice of the hearing at least once in a
3-13 newspaper of general circulation in the county not later than the
3-14 10th day before the date of the hearing. A taxpayer of the
3-15 district is entitled to appear at the hearing to be heard regarding
3-16 any item in the proposed budget.
3-17 (b) At the written request of the Hays County Commissioners
3-18 Court, the county auditor shall audit the performance of the
3-19 district. The court may request a general audit of the performance
3-20 of the district or may request an audit of only one or more
3-21 district matters.
3-22 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
3-23 by a board of five directors.
3-24 (b) Temporary directors serve until initial directors are
3-25 elected under Section 9 of this Act.
3-26 (c) Initial directors serve until permanent directors are
3-27 elected under Section 10 of this Act.
4-1 (d) Permanent directors serve staggered two-year terms.
4-2 (e) Each director must qualify to serve as director in the
4-3 manner provided by Section 36.055, Water Code.
4-4 (f) A director serves until the director's successor has
4-5 qualified.
4-6 (g) If there is a vacancy on the board, the Hays County
4-7 Commissioners Court shall appoint a director to serve the remainder
4-8 of the term.
4-9 (h) A director may not receive a salary or other
4-10 compensation for service as a director but may be reimbursed for
4-11 actual expenses of attending meetings at the rate in effect for
4-12 employees of Hays County.
4-13 SECTION 8. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER
4-14 DISTRICTS. (a) The temporary directors shall draw five numbered,
4-15 single-member districts for electing directors.
4-16 (b) For the conduct of an election under Section 9 or
4-17 Section 10 of this Act, the board shall provide for one director to
4-18 be elected from each of the single-member districts. A director
4-19 elected from a single-member district represents the residents of
4-20 that single-member district.
4-21 (c) To be qualified to be a candidate for or to serve as
4-22 director, a person must be a registered voter in the single-member
4-23 district that the person represents or seeks to represent.
4-24 (d) The initial or permanent directors may revise the
4-25 districts as necessary or appropriate. The board of directors
4-26 shall revise each single-member district after each federal
4-27 decennial census to reflect population changes. At the first
5-1 election after the single-member districts are revised, a new
5-2 director shall be elected from each district. The directors shall
5-3 draw lots to determine which two directors serve one-year terms and
5-4 which three directors serve two-year terms.
5-5 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
5-6 The temporary board of directors shall call and hold an election to
5-7 confirm establishment of the district and to elect initial
5-8 directors.
5-9 (b) At the confirmation and initial directors' election, the
5-10 temporary board of directors shall have placed on the ballot the
5-11 name of any candidate filing for an initial director's position and
5-12 blank spaces to write in the names of other persons. A temporary
5-13 director who is qualified to be a candidate under Section 8 may
5-14 file for an initial director's position.
5-15 (c) Section 41.001(a), Election Code, does not apply to a
5-16 confirmation and initial directors' election held as provided by
5-17 this section.
5-18 (d) Except as provided by this section, a confirmation and
5-19 initial directors' election must be conducted as provided by
5-20 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-21 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
5-22 Saturday in May or the first Tuesday after the first Monday in
5-23 November of the first even-numbered year after the year in which
5-24 the district is authorized to be created at a confirmation
5-25 election, an election shall be held in the district for the
5-26 election of three directors to serve two-year terms and two
5-27 directors to serve one-year terms.
6-1 (b) On the first Saturday in May or the first Tuesday after
6-2 the first Monday in November, as applicable, of each subsequent
6-3 second year following the election held under Subsection (a) of
6-4 this section, the appropriate number of directors shall be elected.
6-5 SECTION 11. OTHER ELECTIONS. An election held by the
6-6 district, other than an election under Section 9 or 10 of this Act,
6-7 must be scheduled to coincide with a general election in May or
6-8 November.
6-9 SECTION 12. FUNDING AUTHORITY. (a) Except as provided by
6-10 Section 5(b) of this Act, the district may require a permit for the
6-11 construction of a new well completed after the effective date of
6-12 this Act and may charge and collect a construction permit fee not
6-13 to exceed $300.
6-14 (b) The district may levy and collect a water utility
6-15 service connection fee not to exceed $300 for each new water
6-16 service connection made after the effective date of this Act. This
6-17 subsection does not apply to a water utility that has surface water
6-18 as its sole source of water.
6-19 (c) Notwithstanding Section 4(a) of this Act or Subchapter
6-20 G, Chapter 36, Water Code, the district may not impose a tax or
6-21 assess or collect any fees except as authorized by Subsection (a)
6-22 or (b) of this section.
6-23 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-24 (a) The proper and legal notice of the intention to introduce this
6-25 Act, setting forth the general substance of this Act, has been
6-26 published as provided by law, and the notice and a copy of this Act
6-27 have been furnished to all persons, agencies, officials, or
7-1 entities to which they are required to be furnished by the
7-2 constitution and other laws of this state, including the governor,
7-3 who has submitted the notice and Act to the Texas Natural Resource
7-4 Conservation Commission.
7-5 (b) The Texas Natural Resource Conservation Commission has
7-6 filed its recommendations relating to this Act with the governor,
7-7 lieutenant governor, and speaker of the house of representatives
7-8 within the required time.
7-9 (c) All requirements of the constitution and laws of this
7-10 state and the rules and procedures of the legislature with respect
7-11 to the notice, introduction, and passage of this Act are fulfilled
7-12 and accomplished.
7-13 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
7-14 takes effect September 1, 2001.
7-15 (b) If the creation of the district is not confirmed at a
7-16 confirmation election held under Section 9 of this Act before
7-17 September 1, 2003, this Act expires on that date.