By Kolkhorst H.B. No. 3657
77R11046 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 Mid-East Texas Groundwater
1-4 Conservation 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 Mid-East Texas Groundwater
1-8 Conservation District, is created in Leon, Madison, and Freestone
1-9 counties, subject to approval at a confirmation election under
1-10 Section 11 of this Act. The district is a governmental agency and
1-11 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. DEFINITIONS. In this Act:
1-16 (1) "Designated management area" means an area
1-17 designated as a management area under Section 35.004, Water Code,
1-18 by the Texas Natural Resource Conservation Commission.
1-19 (2) "District" means the Mid-East Texas Groundwater
1-20 Conservation District.
1-21 SECTION 3. BOUNDARIES. The boundaries of the Mid-East Texas
1-22 Groundwater Conservation District are coextensive with the
1-23 boundaries of Leon, Madison, and Freestone counties.
1-24 SECTION 4. GENERAL POWERS. (a) Except as otherwise provided
2-1 by this Act, the district has all of the rights, powers,
2-2 privileges, authority, functions, and duties provided by the
2-3 general law of this state, including Chapter 36, Water Code,
2-4 applicable to groundwater conservation districts created under
2-5 Section 59, Article XVI, Texas Constitution. This Act prevails
2-6 over any provision of general law that is in conflict or
2-7 inconsistent with this Act, including any provision of Chapter 36,
2-8 Water Code.
2-9 (b) The district does not have the authority granted by the
2-10 following provisions of Chapter 36, Water Code:
2-11 (1) Section 36.105, relating to eminent domain; and
2-12 (2) Sections 36.020 and 36.201-36.204, relating to
2-13 taxes.
2-14 SECTION 5. FEES. (a) The board of directors of the district
2-15 by rule may impose reasonable fees on each well for which a permit
2-16 is issued by the district and that is not exempt from regulation by
2-17 the district. A fee may be based on the size of column pipe used
2-18 by the well or on the actual, authorized, or anticipated amount of
2-19 water to be withdrawn from the well.
2-20 (b) Fees may not exceed:
2-21 (1) one dollar per acre-foot for water used for
2-22 irrigating agricultural crops; or
2-23 (2) 17 cents per thousand gallons for water used for
2-24 any other purpose.
2-25 (c) In addition to the fee authorized under Subsection (b)
2-26 of this section, the district may assess a fee on groundwater from
2-27 a well that is produced for transport outside the district.
3-1 (d) Fees authorized by this section may be assessed annually
3-2 and may be used to fund the cost of district operations.
3-3 SECTION 6. GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD
3-4 COMMISSION. (a) A groundwater well that is used by a mining
3-5 operation and permitted by the Railroad Commission of Texas is
3-6 exempt under Section 36.117(e), Water Code, to the extent that the
3-7 well does not produce a greater volume of groundwater than that
3-8 produced for mining purposes.
3-9 (b) The district may require a well used for mining purposes
3-10 and exempt under this section to comply with the spacing
3-11 requirements of the district if any withdrawals from that well are
3-12 in addition to withdrawals for mining purposes.
3-13 (c) A mining operation may voluntarily waive the exemption
3-14 granted by this section.
3-15 SECTION 7. REGIONAL COOPERATION. To provide for regional
3-16 continuity, the district shall:
3-17 (1) participate as needed in coordination meetings
3-18 with other groundwater districts in its designated management area;
3-19 (2) coordinate the collection of data with other
3-20 groundwater districts in its designated management area in such a
3-21 way as to achieve relative uniformity of data type and quality;
3-22 (3) coordinate efforts to monitor water quality with
3-23 other groundwater districts in its designated management area,
3-24 local governments, and state agencies;
3-25 (4) provide groundwater level data to other
3-26 groundwater districts in its designated management area;
3-27 (5) investigate any groundwater and aquifer pollution
4-1 with the intention of locating its source;
4-2 (6) notify other groundwater districts in its
4-3 designated management area and all appropriate agencies of any
4-4 detected groundwater pollution;
4-5 (7) annually provide to other groundwater districts in
4-6 its designated management area an inventory of water wells and an
4-7 estimate of groundwater production within the district; and
4-8 (8) include other groundwater districts in its
4-9 designated management area on the mailing lists for district
4-10 newsletters, seminars, public education events, news articles, and
4-11 field days.
4-12 SECTION 8. BOARD OF DIRECTORS. (a) The district is governed
4-13 by a board of nine directors.
4-14 (b) Initial directors serve until permanent directors are
4-15 appointed under Section 9 of this Act and qualified as required by
4-16 Subsection (d) of this section.
4-17 (c) Permanent directors serve four-year staggered terms.
4-18 (d) Each director must qualify to serve as a director in the
4-19 manner provided by Section 36.055, Water Code.
4-20 (e) A director serves until the director's successor has
4-21 qualified.
4-22 (f) A director may serve consecutive terms.
4-23 (g) If there is a vacancy on the board, the governing body
4-24 of the entity that appointed the director who vacated the office
4-25 shall appoint a director to serve the remainder of the term.
4-26 (h) Directors are not entitled to receive compensation for
4-27 serving as a director but may be reimbursed for actual, reasonable
5-1 expenses incurred in the discharge of official duties.
5-2 (i) A majority vote of a quorum is required for board
5-3 action. If there is a tie vote, the proposed action fails.
5-4 SECTION 9. APPOINTMENT OF DIRECTORS. (a) The Leon County
5-5 Commissioners Court shall appoint three directors, of whom:
5-6 (1) one must represent the interests of rural water
5-7 suppliers or municipalities in the county, or both;
5-8 (2) one must represent agricultural interests in the
5-9 county; and
5-10 (3) one must represent industrial interests in the
5-11 county.
5-12 (b) The Madison County Commissioners Court shall appoint
5-13 three directors, of whom:
5-14 (1) one must represent the interests of rural water
5-15 suppliers or municipalities in the county, or both;
5-16 (2) one must represent agricultural interests in the
5-17 county; and
5-18 (3) one must represent industrial interests in the
5-19 county.
5-20 (c) The Freestone County Commissioners Court shall appoint
5-21 three directors, of whom:
5-22 (1) one must represent the interests of rural water
5-23 suppliers or municipalities in the county, or both;
5-24 (2) one must represent agricultural interests in the
5-25 county; and
5-26 (3) one must represent industrial interests in the
5-27 county.
6-1 (d) Each of the governing bodies authorized by this section
6-2 to make an appointment shall appoint the appropriate number of
6-3 initial directors as soon as practicable following the effective
6-4 date of this Act, but not later than the 45th day after the
6-5 effective date of this Act.
6-6 (e) The initial directors shall draw lots to determine their
6-7 terms. A simple majority of the initial directors, if an odd
6-8 number of initial directors are appointed, or half the initial
6-9 directors, if an even number of initial directors are appointed,
6-10 serve terms that expire on January 1 of the fourth year following
6-11 the confirmation of the district at an election held under Section
6-12 11 of this Act. The remaining initial directors serve terms that
6-13 expire on January 1 of the second year following the confirmation
6-14 of the district. On January 1 of the second year following
6-15 confirmation of the district and every two years after that date,
6-16 the appropriate commissioners courts shall appoint the appropriate
6-17 number of permanent directors.
6-18 SECTION 10. ORGANIZATIONAL MEETING. As soon as practicable
6-19 after all the initial directors have been appointed and have
6-20 qualified as provided by this Act, a majority of the directors
6-21 shall convene the organizational meeting of the district at a
6-22 location within the district agreeable to a majority of the
6-23 directors. If no location can be agreed upon, the organizational
6-24 meeting of the directors shall be at the Leon County Courthouse.
6-25 SECTION 11. CONFIRMATION ELECTION. (a) The initial board of
6-26 directors shall call and hold an election on the same date in each
6-27 county within the district to confirm the creation of the district.
7-1 (b) Except as provided by this section, a confirmation
7-2 election must be conducted as provided by Sections 36.017, 36.018,
7-3 and 36.019, Water Code, and Section 41.001, Election Code.
7-4 (c) If the majority of qualified voters in a county who vote
7-5 in the election vote to confirm the creation of the district, that
7-6 county is included in the district. If the majority of qualified
7-7 voters in a county who vote in the election vote not to confirm the
7-8 creation of the district, that county is excluded from the
7-9 district.
7-10 (d) If the creation of the district is not confirmed by an
7-11 election held under this section before the second anniversary of
7-12 the effective date of this Act, the district is dissolved and this
7-13 Act expires on that date.
7-14 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
7-15 The proper and legal notice of the intention to introduce this Act,
7-16 setting forth the general substance of this Act, has been published
7-17 as provided by law, and the notice and a copy of this Act have been
7-18 furnished to all persons, agencies, officials, or entities to which
7-19 they are required to be furnished by the constitution and other
7-20 laws of this state, including the governor, who has submitted the
7-21 notice and Act to the Texas Natural Resource Conservation
7-22 Commission.
7-23 (b) The Texas Natural Resource Conservation Commission has
7-24 filed its recommendations relating to this Act with the governor
7-25 and speaker of the house of representatives within the required
7-26 time.
7-27 (c) All requirements of the constitution and laws of this
8-1 state and the rules and procedures of the legislature with respect
8-2 to the notice, introduction, and passage of this Act are fulfilled
8-3 and accomplished.
8-4 SECTION 13. EFFECTIVE DATE. This Act takes effect September
8-5 1, 2001.