1-1 By: Morrison (Senate Sponsor - Armbrister) H.B. No. 3652 1-2 (In the Senate - Received from the House April 30, 2001; 1-3 May 1, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 11, 2001, reported favorably, as amended, by the 1-5 following vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Barrientos 1-7 Amend HB 3652 1-8 By adding a new section on appropriate page, and line and 1-9 renumbering subsequent sections. 1-10 SECTION___. REGIONAL COOPERATION. (a) In recognition of 1-11 the need for uniform regional monitoring and regulation of common, 1-12 scientifically recognized groundwater sources, and within 1-13 designated management areas, the district shall establish rules: 1-14 (1) requiring the permitting of all water wells that 1-15 are: 1-16 (A) not exempted from permitting by Chapter 36, 1-17 Water Code; and 1-18 (B) capable of producing in excess of 25,000 1-19 gallons per day; 1-20 (2) providing for the prevention of waste, as defined 1-21 by Section 36.001, Water Code; 1-22 (3) providing for timely capping or plugging of 1-23 abandoned wells; and 1-24 (4) requiring reports to be filed with the district on 1-25 all new, nonexempt water wells. 1-26 (b) Reports required under Subsection (a)(4) must include 1-27 the driller's log, a description of the casing and pumping 1-28 equipment installed, the capacity of the well so equipped, and the 1-29 intended use of the water. 1-30 (c) To further regional continuity, the district shall: 1-31 (1) seek to participate in at least one coordination 1-32 meeting annually with each adjacent district that shares an aquifer 1-33 with the district; 1-34 (2) coordinate the collection of data with adjacent 1-35 districts in a manner designed to achieve uniformity of data 1-36 quality; 1-37 (3) coordinate efforts to monitor water quality with 1-38 adjacent districts, local governments, and state agencies; 1-39 (4) investigate any groundwater pollution with the 1-40 intention of locating its source and report its findings to 1-41 adjacent districts and appropriate state agencies; 1-42 (5) provide to adjacent districts annually an 1-43 inventory of new water wells in the district and an estimate of 1-44 groundwater production within the district; and 1-45 (6) include adjacent districts on the mailing lists 1-46 for district newsletters, seminars, public education events, news 1-47 articles, and field days. 1-48 A BILL TO BE ENTITLED 1-49 AN ACT 1-50 relating to the creation, administration, powers, duties, 1-51 operation, and financing of the Lavaca County Groundwater 1-52 Conservation District. 1-53 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-54 SECTION 1. CREATION. (a) A groundwater conservation 1-55 district, to be known as the Lavaca County Groundwater Conservation 1-56 District, is created in Lavaca County, subject to approval at a 1-57 confirmation election under Section 8 of this Act. The district is 1-58 a governmental agency and a body politic and corporate. 1-59 (b) The district is created under and is essential to 1-60 accomplish the purposes of Section 59, Article XVI, Texas 1-61 Constitution. 1-62 SECTION 2. DEFINITIONS. In this Act: 1-63 (1) "Board" means the board of directors of the Lavaca 2-1 County Groundwater Conservation District. 2-2 (2) "District" means the Lavaca County Groundwater 2-3 Conservation District. 2-4 SECTION 3. BOUNDARIES. The boundaries of the district are 2-5 coextensive with the boundaries of Lavaca County, Texas. 2-6 SECTION 4. FINDING OF BENEFIT. All of the land and other 2-7 property included within the boundaries of the district will be 2-8 benefited by the works and projects that are to be accomplished by 2-9 the district under powers conferred by Section 59, Article XVI, 2-10 Texas Constitution. The district is created to serve a public use 2-11 and benefit. 2-12 SECTION 5. GENERAL POWERS. (a) Except as otherwise 2-13 provided by this Act, the district has all of the rights, powers, 2-14 privileges, authority, functions, and duties provided by the 2-15 general law of this state, including Chapter 36, Water Code, 2-16 applicable to groundwater conservation districts created under 2-17 Section 59, Article XVI, Texas Constitution. This Act prevails 2-18 over any provision of general law that is in conflict with or 2-19 inconsistent with this Act. 2-20 (b) Notwithstanding Subsection (a) of this section, the 2-21 following provisions prevail over a conflicting or inconsistent 2-22 provision of this Act: 2-23 (1) Sections 36.1071-36.108, Water Code; 2-24 (2) Sections 36.159-36.161, Water Code; and 2-25 (3) Subchapter I, Chapter 36, Water Code. 2-26 SECTION 6. DIRECTOR REQUIREMENTS. (a) To be eligible to 2-27 serve as a temporary, initial, or regular director of the district, 2-28 a person must be a resident of Lavaca County and must be at least 2-29 18 years of age. 2-30 (b) A person who is an elected director from a county 2-31 commissioners precinct must be a resident of that precinct. 2-32 (c) Each director must qualify to serve as director in the 2-33 manner provided by Section 36.055, Water Code. 2-34 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 2-35 directors is composed of: 2-36 (1) Precinct 1--Sylva Schneider; 2-37 (2) Precinct 2--Bob Weiss; 2-38 (3) Precinct 3--Ervin Chumchal; 2-39 (4) Precinct 4--Gladney Harrell; and 2-40 (5) At large--Otto R. (Jimmy) Borchers. 2-41 (b) If a temporary director fails to satisfy the 2-42 requirements of Section 6 of this Act or if a vacancy occurs in the 2-43 office of temporary director, the temporary directors who have 2-44 qualified shall appoint a person to fill the vacancy. If at any 2-45 time there are fewer than three qualified temporary directors, the 2-46 Lavaca County Commissioners Court shall appoint the necessary 2-47 number of persons to fill all vacancies on the temporary board. 2-48 (c) The temporary board shall select from its members 2-49 persons to serve as presiding officer, assistant presiding officer, 2-50 and secretary. 2-51 (d) The temporary directors shall serve as temporary 2-52 directors until they declare the district created after a 2-53 confirmation election under Section 8 of this Act. 2-54 SECTION 8. CONFIRMATION ELECTION. (a) The temporary board 2-55 shall call and hold an election to be held not later than December 2-56 31, 2001, to confirm establishment of the district. 2-57 (b) Section 41.001(a), Election Code, does not apply to an 2-58 election held as provided by this section. 2-59 (c) The ballot for the election shall be printed to provide 2-60 for voting for or against propositions on: 2-61 (1) the confirmation of the Lavaca County Groundwater 2-62 Conservation District; and 2-63 (2) the levy and collection of a property tax in the 2-64 district. 2-65 (d) The temporary board may include on the ballot other 2-66 propositions the board considers necessary. 2-67 (e) Except as provided by this section, a confirmation 2-68 election shall be conducted as provided by Sections 36.017(b)-(h), 2-69 Water Code, and the Election Code. 3-1 (f) If a majority of votes cast at the election favor the 3-2 confirmation of the district, the temporary board shall declare the 3-3 district confirmed. If a majority of the votes cast at the 3-4 election are against the confirmation of the district, the 3-5 temporary board shall declare the district defeated. The temporary 3-6 board shall file a copy of the election results with the Texas 3-7 Natural Resource Conservation Commission. 3-8 (g) If establishment of the district is not confirmed, the 3-9 temporary board may call and hold additional confirmation 3-10 elections. A confirmation election may not be held before the 3-11 first anniversary of the date of the previous confirmation 3-12 election. 3-13 SECTION 9. INITIAL DIRECTORS. (a) On confirmation of 3-14 establishment of the district under Section 8 of this Act, the 3-15 temporary directors become the initial directors of the district. 3-16 (b) An initial director for Precinct 1 or 3 serves a term 3-17 that expires on the date of the first regular meeting of the board 3-18 held after the date of the first regular directors' election for 3-19 Precincts 1 and 3. An initial director for Precinct 2 or 4 or the 3-20 at-large position serves a term that expires on the date of the 3-21 first regular meeting of the board held after the date of the first 3-22 regular directors' election for Precincts 2 and 4 and for the 3-23 at-large position. 3-24 (c) If an elected director does not satisfy the requirements 3-25 of Section 6 of this Act at the first regular meeting of the board 3-26 held after the date of the director's election, the previous 3-27 director for that precinct continues to serve until a successor is 3-28 appointed and qualifies. 3-29 SECTION 10. BOARD OF DIRECTORS. (a) The district is 3-30 governed by a board of five directors. 3-31 (b) The board shall select from its members a presiding 3-32 officer, assistant presiding officer, and secretary. 3-33 (c) One director shall be elected from each county 3-34 commissioners precinct in Lavaca County by the voters of that 3-35 precinct, and one director shall be elected from Lavaca County at 3-36 large by the voters of the district. 3-37 SECTION 11. TERM OF OFFICE. (a) Except for a temporary or 3-38 initial director of the district, a director serves a four-year 3-39 term. 3-40 (b) If a vacancy occurs on the board, the remaining board 3-41 members shall appoint a person to fill the vacancy. 3-42 (c) A director appointed to fill a vacancy serves for the 3-43 unexpired portion of the term. 3-44 SECTION 12. ELECTION OF REGULAR DIRECTORS. (a) Beginning 3-45 in the second year following the confirmation election under 3-46 Section 8 of this Act, an election shall be held on the first 3-47 uniform election date in May every two years to elect the 3-48 appropriate number of directors to the board. At the first 3-49 election, directors for Precincts 1 and 3 shall be elected. At the 3-50 next election, directors for Precincts 2 and 4 and the at-large 3-51 director shall be elected. 3-52 (b) At the first election after the county commissioners 3-53 precincts are redrawn under Section 18, Article V, Texas 3-54 Constitution, four new directors shall be elected to represent the 3-55 precincts. The directors for Precincts 1 and 3 shall be elected 3-56 for two-year terms. The directors for Precincts 2 and 4 shall be 3-57 elected for four-year terms. 3-58 SECTION 13. LIMITATION ON TAXATION. The district may not 3-59 impose an ad valorem tax at a rate that exceeds five cents on each 3-60 $100 valuation of taxable property in the district. 3-61 SECTION 14. CHANGE OF DISTRICT NAME. The board may change 3-62 the district's name if the district annexes territory. 3-63 SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 3-64 (a) The proper and legal notice of the intention to introduce this 3-65 Act, setting forth the general substance of this Act, has been 3-66 published as provided by law, and the notice and a copy of this Act 3-67 have been furnished to all persons, agencies, officials, or 3-68 entities to which they are required to be furnished by the 3-69 constitution and other laws of this state, including the governor, 4-1 who has submitted the notice and Act to the Texas Natural Resource 4-2 Conservation Commission. 4-3 (b) The Texas Natural Resource Conservation Commission has 4-4 filed its recommendations relating to this Act with the governor, 4-5 lieutenant governor, and speaker of the house of representatives 4-6 within the required time. 4-7 (c) All requirements of the constitution and laws of this 4-8 state and the rules and procedures of the legislature with respect 4-9 to the notice, introduction, and passage of this Act are fulfilled 4-10 and accomplished. 4-11 SECTION 16. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 4-12 takes effect September 1, 2001. 4-13 (b) If the creation of the district is not confirmed at a 4-14 confirmation election held under Section 8 of this Act before 4-15 September 1, 2006, this Act expires on that date. 4-16 * * * * *