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.