By Kolkhorst, Williams, Ellis                         H.B. No. 3655
         77R9828 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation, administration, powers, duties,
 1-3     operation, and financing of the Bluebonnet Groundwater Conservation
 1-4     District.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  CREATION. (a)  A groundwater conservation
 1-7     district, to be known as the Bluebonnet Groundwater Conservation
 1-8     District, is created in Grimes, Washington, Waller, Austin, and
 1-9     Walker counties, subject to approval at a confirmation election
1-10     under Section 10 of this Act.  The district is a governmental
1-11     agency and a body politic and corporate.
1-12           (b)  The district is created under and is essential to
1-13     accomplish the purposes of Section 59, Article XVI, Texas
1-14     Constitution.
1-15           SECTION 2.  DEFINITION. In this Act, "district" means the
1-16     Bluebonnet Groundwater Conservation District.
1-17           SECTION 3.  BOUNDARIES. The boundaries of the district are
1-18     coextensive with the boundaries of Grimes, Washington, Waller,
1-19     Austin, and Walker counties.
1-20           SECTION 4.  FINDING OF BENEFIT. All of the land and other
1-21     property included within the boundaries of the district will be
1-22     benefited by the works and projects that are to be accomplished by
1-23     the district under powers conferred by Section 59, Article XVI,
1-24     Texas Constitution.  The district is created to serve a public use
 2-1     and benefit.
 2-2           SECTION 5.  GENERAL POWERS. (a)  Except as otherwise provided
 2-3     by this Act, the district has all the rights, powers, privileges,
 2-4     authority, functions, and duties provided by the general law of
 2-5     this state, including Chapter 36, Water Code, applicable to
 2-6     groundwater conservation districts created under Section 59,
 2-7     Article XVI, Texas Constitution.  This Act prevails over any
 2-8     provision of general law, including Chapter 36, Water Code, that is
 2-9     in conflict or is inconsistent with this Act.
2-10           (b)  The district does not have the authority granted by the
2-11     following provisions of Chapter 36, Water Code:
2-12                 (1)  Section 36.105, relating to eminent domain; and
2-13                 (2)  Sections 36.020 and 36.201-36.204, relating to
2-14     taxes.
2-15           SECTION 6.  FEES. (a)  The board of directors of the district
2-16     by rule may impose reasonable fees on each well for which a permit
2-17     is issued by the district and that is not exempt from regulation by
2-18     the district.  A fee may be based on the size of column pipe used
2-19     by the well or on the actual, authorized, or anticipated amount of
2-20     water to be withdrawn from the well.
2-21           (b)  Fees shall not exceed:
2-22                 (1)  one dollar per acre foot for water used for
2-23     irrigating agricultural crops; or
2-24                 (2)  17 cents per thousand gallons for water used for
2-25     any other purpose.
2-26           (c)  In addition to the fee authorized under Subsection (b)
2-27     of this section, the district may assess a fee on groundwater from
 3-1     a well that is produced for transport outside the district.
 3-2           (d)  Fees authorized by this section may be assessed annually
 3-3     and may be used to pay the cost of district operations and expenses
 3-4     of the district's operations.
 3-5           SECTION 7.  BOARD OF DIRECTORS. (a)  The district is governed
 3-6     by a board of not fewer than eight or more than 20 directors,
 3-7     appointed as provided by Section 8 of this Act.
 3-8           (b)  Initial directors serve until permanent directors are
 3-9     appointed under Section 8 of this Act and qualified as required by
3-10     Subsection (d) of this section.
3-11           (c)  Permanent directors serve staggered four-year terms.
3-12           (d)  Each director must qualify to serve as a director in the
3-13     manner provided by Section 36.055, Water Code.
3-14           (e)  A director serves until the director's successor has
3-15     qualified.
3-16           (f)  A director may serve consecutive terms.
3-17           (g)  If there is a vacancy on the board, the governing body
3-18     of the entity that appointed the director who vacated the office
3-19     shall appoint a director to serve the remainder of the term.  In
3-20     making this appointment, the governing body shall  appoint a
3-21     director to represent the interest of the director who has vacated
3-22     the office.
3-23           (h)  Directors are not entitled to receive compensation for
3-24     serving as a director but may be reimbursed for actual, reasonable
3-25     expenses incurred in the discharge of official duties.
3-26           (i)  A majority vote of a quorum is required for board
3-27     action. If there is a tie vote, the proposed action fails.
 4-1           SECTION 8.  APPOINTMENT OF DIRECTORS. (a)  The commissioners
 4-2     courts of the counties within the district, if the district has
 4-3     between two and five counties, shall each appoint four directors,
 4-4     of whom:
 4-5                 (1)  one must represent municipal interests;
 4-6                 (2)  one must represent agricultural interests;
 4-7                 (3)  one must represent industrial interests; and
 4-8                 (4)  one must represent rural water suppliers'
 4-9     interests.
4-10           (b)  If the district consists of one county, the
4-11     commissioners court of that county shall appoint eight directors,
4-12     of whom:
4-13                 (1)  two must represent municipal interests;
4-14                 (2)  two must represent agricultural interests;
4-15                 (3)  two must represent industrial interests; and
4-16                 (4)  two must represent rural water suppliers'
4-17     interests.
4-18           (c)  The commissioners courts of the counties within the
4-19     district shall each appoint the appropriate number of initial
4-20     directors as soon as practicable following the effective date of
4-21     this Act, but not later than the 90th day after the effective date
4-22     of this Act.
4-23           (d)  The initial directors shall draw lots to determine their
4-24     terms.  A simple majority of the initial directors if an odd number
4-25     are appointed or half of the initial directors if an even number
4-26     are appointed serve terms that expire on the second anniversary of
4-27     the date on which all initial directors have qualified as required
 5-1     by Section 7 of this Act.  The remaining initial directors serve
 5-2     terms that expire on the fourth anniversary of the date on which
 5-3     all initial directors have qualified as required by Section 7 of
 5-4     this Act.  On the second anniversary of the date on which all
 5-5     initial directors have qualified as required by Section 7 of this
 5-6     Act and every two years after that date, the appropriate
 5-7     commissioners courts shall appoint the appropriate number of
 5-8     permanent directors.
 5-9           SECTION 9.  ORGANIZATIONAL MEETING. As soon as practicable
5-10     after all the initial directors have been appointed and have
5-11     qualified as provided in this Act, a majority of the directors
5-12     shall convene the organizational meeting of the district at a
5-13     location within the district agreeable to a majority of the
5-14     directors.  If no location can be agreed on, the organizational
5-15     meeting of the directors shall be at the Washington County
5-16     Courthouse.
5-17           SECTION 10.  CONFIRMATION ELECTION. (a)  The initial board of
5-18     directors shall call and hold, on the same date in each county to
5-19     be included in the district, an election to confirm the creation of
5-20     the district.
5-21           (b)  Except as provided by this section, a confirmation
5-22     election must be conducted as provided by Sections 36.017, 36.018,
5-23     and 36.019, Water Code, and the Election Code.
5-24           (c)  If the majority of qualified voters in a county who vote
5-25     in the election vote to confirm the creation of the district, that
5-26     county is included in the district.  If the majority of qualified
5-27     voters in a county who vote in the election vote not to confirm the
 6-1     creation of the district, that county is excluded from the
 6-2     district.
 6-3           (d)  If the creation of the district is not confirmed by an
 6-4     election held under this section before the second anniversary of
 6-5     the effective date of this Act, the district is dissolved and this
 6-6     Act expires on that date.
 6-7           SECTION 11.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
 6-8     The proper and legal notice of the intention to introduce this Act,
 6-9     setting forth the general substance of this Act, has been published
6-10     as provided by law, and the notice and a copy of this Act have been
6-11     furnished to all persons, agencies, officials, or entities to which
6-12     they are required to be furnished by the constitution and other
6-13     laws of this state, including the governor, who has submitted the
6-14     notice and Act to the Texas Natural Resource Conservation
6-15     Commission.
6-16           (b)  The Texas Natural Resource Conservation Commission has
6-17     filed its recommendations relating to this Act with the governor
6-18     and the speaker of the house of representatives within the required
6-19     time.
6-20           (c)  All requirements of the constitution and laws of this
6-21     state and the rules and procedures of the legislature with respect
6-22     to the notice, introduction, and passage of this Act are fulfilled
6-23     and accomplished.
6-24           SECTION 12.  EFFECTIVE DATE. This Act takes effect September
6-25     1, 2001.