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.