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.