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.