By Kolkhorst                                          H.B. No. 3658
         77R11045 MI-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the ratification of the creation of and the
 1-3     administration, powers, duties, operation, and financing of the
 1-4     Brazos Valley 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 Brazos Valley Groundwater
 1-9     Conservation District in Robertson and Brazos counties is ratified
1-10     as required by Section 15(a) of that Act, subject to approval at a
1-11     confirmation election under Section 13 of this Act.
1-12           SECTION 2.  DEFINITIONS.  In this Act:
1-13                 (1)  "Designated management area" means an area
1-14     designated as a management area under Section 35.004, Water Code,
1-15     by the Texas Natural Resource Conservation Commission.
1-16                 (2)  "District" means the Brazos Valley Groundwater
1-17     Conservation District.
1-18           SECTION 3.  BOUNDARIES.  The boundaries of the Brazos Valley
1-19     Groundwater Conservation District are coextensive with the
1-20     boundaries of Robertson and Brazos counties, Texas.
1-21           SECTION 4.  GENERAL POWERS. (a)  Except as otherwise provided
1-22     by this Act, the district has all of the rights, powers,
1-23     privileges, authority, functions, and duties provided by the
1-24     general law of this state, including Chapter 36, Water Code,
 2-1     applicable to groundwater conservation districts created under
 2-2     Section 59, Article XVI, Texas Constitution.  This Act prevails
 2-3     over any provision of general law that is in conflict or
 2-4     inconsistent with this Act, including any provision of Chapter 36,
 2-5     Water Code, or Chapter 1331, Acts of the 76th Legislature, Regular
 2-6     Session, 1999 (Senate Bill No. 1911).
 2-7           (b)  The district does not have the authority granted by the
 2-8     following provisions of Chapter 36, Water Code:
 2-9                 (1)  Section 36.105, relating to eminent domain; and
2-10                 (2)  Sections 36.020 and 36.201-36.204, relating to
2-11     taxes.
2-12           SECTION 5.  BONDS.  The district may issue bonds and notes
2-13     under Sections 36.171-36.181, Water Code, not to exceed $500,000
2-14     total indebtedness at any time.
2-15           SECTION 6.  PURCHASE, SALE, TRANSPORTATION, OR DISTRIBUTION
2-16     OF WATER.  The district may not purchase, sell, transport, or
2-17     distribute surface water or groundwater for any purpose.
2-18           SECTION 7.  FEES.  (a)  The board of directors of the
2-19     district by rule may impose reasonable fees on each well for which
2-20     a permit is issued by the district and that is not exempt from
2-21     regulation by the district.  A fee may be based on the size of
2-22     column pipe used by the well or on the actual, authorized, or
2-23     anticipated amount of water to be withdrawn from the well.
2-24           (b)  The initial fee shall be based on the amount of water to
2-25     be withdrawn from the well.  The initial fee:
2-26                 (1)  may not exceed:
2-27                       (A)  $0.25 per acre-foot for water used for
 3-1     irrigating agricultural crops or operating existing steam electric
 3-2     stations; or
 3-3                       (B)  $0.0425 per thousand gallons for water used
 3-4     for any other purpose; and
 3-5                 (2)  may be increased at a cumulative rate not to
 3-6     exceed three percent per year.
 3-7           (c)  In addition to the fee authorized under Subsection (b)
 3-8     of this section, the district may assess a fee on groundwater from
 3-9     a well that is produced for transport outside the district.
3-10           (d)  Fees authorized by this section may be assessed annually
3-11     and may be used to pay the cost of district operations.
3-12           SECTION 8.  GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD
3-13     COMMISSION.  (a) A groundwater well that is used by a mining
3-14     operation and permitted by the Railroad Commission of Texas is
3-15     exempt under Section 36.117(e), Water Code, to the extent that the
3-16     well does not produce a greater volume of groundwater than that
3-17     produced for mining purposes.
3-18           (b)  The district may require a well used for mining purposes
3-19     and exempt under this section to comply with the spacing
3-20     requirements of the district if any withdrawals from that well are
3-21     in addition to withdrawals for mining purposes.
3-22           (c)  A mining operation may voluntarily waive the exemption
3-23     granted by this section.
3-24           SECTION 9.  REGIONAL COOPERATION.  To provide for regional
3-25     continuity, the district shall:
3-26                 (1)  participate as needed  in coordination meetings
3-27     with other groundwater districts in its designated management area;
 4-1                 (2)  coordinate the collection of data with other
 4-2     groundwater districts in its designated management area in such a
 4-3     way as to achieve relative uniformity of data type and quality;
 4-4                 (3)  coordinate efforts to monitor water quality with
 4-5     other groundwater districts in its designated management area,
 4-6     local governments, and state agencies;
 4-7                 (4)  provide groundwater level data to other
 4-8     groundwater districts in its designated management area;
 4-9                 (5)  investigate any groundwater and aquifer pollution
4-10     with the intention of locating its source;
4-11                 (6)  notify other groundwater districts in its
4-12     designated management area and all appropriate agencies of any
4-13     detected groundwater pollution;
4-14                 (7)  annually provide to other groundwater districts in
4-15     its designated management area an inventory of water wells and an
4-16     estimate of groundwater production within the district; and
4-17                 (8)  include other groundwater districts in its
4-18     designated management area on the mailing lists for district
4-19     newsletters, seminars, public education events, news articles, and
4-20     field days.
4-21           SECTION 10.  BOARD OF DIRECTORS. (a)  The district is
4-22     governed by a board of eight directors.
4-23           (b)  Initial directors serve until permanent directors are
4-24     appointed under Section 11 of this Act and qualified as required by
4-25     Subsection (d) of this section.
4-26           (c)  Permanent directors serve four-year staggered terms.
4-27           (d)  Each director must qualify to serve as a director in the
 5-1     manner provided by Section 36.055, Water Code.
 5-2           (e)  A director serves until the director's successor has
 5-3     qualified.
 5-4           (f)  A director may serve consecutive terms.
 5-5           (g)  If there is a vacancy on the board, the governing body
 5-6     of the entity that appointed the director who vacated the office
 5-7     shall appoint a director to serve the remainder of the term.
 5-8           (h)  Directors are not entitled to receive compensation for
 5-9     serving as a director but may be reimbursed for actual, reasonable
5-10     expenses incurred in the discharge of official duties.
5-11           (i)  A majority vote of a quorum is required for board
5-12     action. If there is a tie vote, the proposed action fails.
5-13           SECTION 11.  APPOINTMENT OF DIRECTORS.  (a)  The Robertson
5-14     County Commissioners Court shall appoint four directors, of whom:
5-15                 (1)  one must represent municipal interests in the
5-16     county;
5-17                 (2)  one must represent agricultural interests in the
5-18     county;
5-19                 (3)  one must represent rural water suppliers'
5-20     interests in the county; and
5-21                 (4)  one must represent industrial interests in the
5-22     county.
5-23           (b)  The Brazos County Commissioners Court shall appoint two
5-24     directors, of whom:
5-25                 (1)  one must represent rural water suppliers'
5-26     interests in the county; and
5-27                 (2)  one must represent agricultural interests in the
 6-1     county.
 6-2           (c)  The governing body of the City of Bryan shall appoint
 6-3     one director.
 6-4           (d)  The governing body of the City of College Station shall
 6-5     appoint one director.
 6-6           (e)  Each of the governing bodies authorized by this section
 6-7     to make an appointment shall appoint the appropriate number of
 6-8     initial directors as soon as practicable following the effective
 6-9     date of this Act, but not later than the 45th day after the
6-10     effective date of this Act.
6-11           (f)  The four initial directors from Robertson County shall
6-12     draw lots to determine their terms.  Two initial directors from
6-13     Robertson County and the two initial directors from Brazos County
6-14     serve terms that expire on January 1 of the second year following
6-15     the confirmation of the district at an election held under Section
6-16     13 of this Act.  The remaining four initial directors serve terms
6-17     that expire on January 1 of the fourth year following the
6-18     confirmation of the district.  On January 1 of the second year
6-19     following confirmation of the district and every two years after
6-20     that date, the appropriate governing body shall appoint the
6-21     appropriate number of permanent directors.
6-22           SECTION 12.  ORGANIZATIONAL MEETING. As soon as practicable
6-23     after all the initial directors have been appointed  and have
6-24     qualified as provided in this Act, a majority of the directors
6-25     shall convene the organizational meeting of the district at a
6-26     location within the district agreeable to a majority of the
6-27     directors.  If no location can be agreed on, the organizational
 7-1     meeting of the directors shall be at the Robertson County
 7-2     Courthouse.
 7-3           SECTION 13.  CONFIRMATION ELECTION. (a)  The initial board of
 7-4     directors shall call and hold an election on the same date in each
 7-5     county within the district to confirm the creation of the district.
 7-6           (b)  Except as provided by this section, a confirmation
 7-7     election must be conducted as provided by Sections 36.017, 36.018,
 7-8     and 36.019, Water Code, and Section 41.001, Election Code.
 7-9           (c)  Confirmation of the district requires a vote in favor of
7-10     confirmation by a majority of the qualified voters voting in the
7-11     election.
7-12           (d)  If the establishment of the district is not confirmed by
7-13     an election held under this section before the second anniversary
7-14     of the effective date of this Act, the district is dissolved and
7-15     this Act expires on that date.
7-16           SECTION 14.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
7-17     The proper and legal notice of the intention to introduce this Act,
7-18     setting forth the general substance of this Act, has been published
7-19     as provided by law, and the notice and a copy of this Act have been
7-20     furnished to all persons, agencies, officials, or entities to which
7-21     they are required to be furnished by the constitution and other
7-22     laws of this state, including the governor, who has submitted the
7-23     notice and Act to the Texas Natural Resource Conservation
7-24     Commission.
7-25           (b)  The Texas Natural Resource Conservation Commission has
7-26     filed its recommendations relating to this Act with the governor
7-27     and speaker of the house of representatives within the required
 8-1     time.
 8-2           (c)  All requirements of the constitution and laws of this
 8-3     state and the rules and procedures of the legislature with respect
 8-4     to the notice, introduction, and passage of this Act are fulfilled
 8-5     and accomplished.
 8-6           SECTION 15.  EFFECTIVE DATE. This Act takes effect September
 8-7     1, 2001.