By Green H.B. No. 3625
77R5838 SGA-F
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), the following provisions
2-10 prevail over a conflicting or inconsistent provision of this Act:
2-11 (1) Sections 36.1071-36.108, Water Code;
2-12 (2) Sections 36.159-36.161, Water Code; and
2-13 (3) Subchapter I, Chapter 36, Water Code.
2-14 (c) The district may limit or prohibit the transfer of
2-15 groundwater out of the district.
2-16 (d) The district may not enter property to inspect an exempt
2-17 well without the property owner's permission.
2-18 (e) The Hays County Commissioners Court by resolution may
2-19 require an election to affirm or reverse a decision of the board of
2-20 directors of the district not later than six months after the date
2-21 of the decision.
2-22 (f) The district may not adopt standards for the
2-23 construction of a residential well that are more stringent than
2-24 state standards for a residential well.
2-25 SECTION 5. EXEMPT WELLS. (a) The following wells are
2-26 exempt from the requirements of Chapter 36, Water Code:
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).
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
3-23 governed by a board of five appointed directors.
3-24 (b) A director must reside in the district.
3-25 (c) Each director must qualify to serve as director in the
3-26 manner provided by Section 36.055, Water Code.
3-27 (d) Directors other than initial directors serve staggered
4-1 two-year terms.
4-2 (e) A director serves until the director's successor has
4-3 qualified.
4-4 (f) If there is a vacancy on the board, the commissioners
4-5 court shall appoint a director to serve the remainder of the term.
4-6 (g) The commissioners court shall appoint a director to
4-7 succeed a director on or before the date the director's term
4-8 expires.
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. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not
4-14 later than the 31st day after the effective date of this Act, the
4-15 Hays County Commissioners Court shall appoint:
4-16 (1) two directors to serve terms expiring February 1,
4-17 2003; and
4-18 (2) three directors to serve terms expiring February
4-19 1, 2004.
4-20 SECTION 9. CONFIRMATION ELECTION. (a) The initial board of
4-21 directors shall call and hold an election to confirm establishment
4-22 of the district not later than the second Saturday in May 2002.
4-23 (b) Section 41.001(a), Election Code, does not apply to a
4-24 confirmation election held as provided by this section.
4-25 (c) Except as provided by this section, a confirmation
4-26 election must be conducted as provided by Sections 36.017(b)-(h),
4-27 Water Code, and the Election Code.
5-1 SECTION 10. FUNDING AUTHORITY. (a) Except as provided by
5-2 Section 5(b), the district may require a permit for the
5-3 construction of a new well completed after the effective date of
5-4 this Act and may charge and collect a construction permit fee not
5-5 to exceed $300.
5-6 (b) The district may levy and collect a water utility
5-7 service connection fee not to exceed $300 for each new water
5-8 service connection made after the effective date of this Act. This
5-9 subsection does not apply to a water utility that has surface water
5-10 as its sole source of water.
5-11 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
5-12 (a) The proper and legal notice of the intention to introduce this
5-13 Act, setting forth the general substance of this Act, has been
5-14 published as provided by law, and the notice and a copy of this Act
5-15 have been furnished to all persons, agencies, officials, or
5-16 entities to which they are required to be furnished by the
5-17 constitution and other laws of this state, including the governor,
5-18 who has submitted the notice and Act to the Texas Natural Resource
5-19 Conservation Commission.
5-20 (b) The Texas Natural Resource Conservation Commission has
5-21 filed its recommendations relating to this Act with the governor,
5-22 lieutenant governor, and speaker of the house of representatives
5-23 within the required time.
5-24 (c) All requirements of the constitution and laws of this
5-25 state and the rules and procedures of the legislature with respect
5-26 to the notice, introduction, and passage of this Act are fulfilled
5-27 and accomplished.
6-1 SECTION 12. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
6-2 takes effect September 1, 2001.
6-3 (b) If the creation of the district is not confirmed at a
6-4 confirmation election held under Section 9 of this Act before
6-5 September 1, 2003, this Act expires on that date.