By: Brown S.B. No. 2
2001S0519/3
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the development and management of the water resources
1-3 of the state, including the ratification of the creation of certain
1-4 groundwater conservation districts; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 ARTICLE 1. TEXAS WATER POLICY COUNCIL
1-7 SECTION 1.01. Subtitle A, Title 2, Water Code, is amended by
1-8 adding Chapter 9 to read as follows:
1-9 CHAPTER 9. TEXAS WATER POLICY COUNCIL
1-10 Sec. 9.001. DEFINITION. In this chapter:
1-11 (1) "Authority" means an entity listed in Section
1-12 9.010(b).
1-13 (2) "Board" means the governing body of an authority.
1-14 (3) "Commission" means the Texas Natural Resource
1-15 Conservation Commission.
1-16 (4) "Council" means the Texas Water Policy Council.
1-17 Sec. 9.002. CREATION AND MEMBERSHIP. (a) The council is
1-18 composed of seven members as follows:
1-19 (1) the chairman, or a board member designated by the
1-20 chairman, of the Texas Water Development Board;
1-21 (2) the chairman, or a commissioner designated by the
1-22 chairman, of the commission;
1-23 (3) the chairman, or a commissioner designated by the
1-24 chairman, of the Parks and Wildlife Commission;
1-25 (4) the commissioner of agriculture; and
2-1 (5) three members of the general public, appointed by
2-2 the governor.
2-3 (b) Council members may not delegate participation or
2-4 council duties to staff.
2-5 Sec. 9.003. TERMS. (a) Except for the commissioner of
2-6 agriculture, council members who are officials of state agencies
2-7 serve terms as determined by the chairman of each agency.
2-8 (b) Council members who are members of the general public
2-9 serve staggered six-year terms with the term of one member expiring
2-10 August 31 of each odd-numbered year.
2-11 (c) Council members may be reappointed to serve additional
2-12 terms.
2-13 (d) A vacancy on the council shall be filled by appointment
2-14 by the original appointing authority for the unexpired term.
2-15 Sec. 9.004. OFFICERS OF THE COUNCIL. (a) The governor
2-16 shall appoint a council member as the chair of the council for a
2-17 two-year term expiring May 31 of each even-numbered year.
2-18 (b) The council shall have a secretary of the council who,
2-19 by virtue of the position, shall be a full-time employee of the
2-20 commission but shall serve at the pleasure of the council and be
2-21 accountable only to the council.
2-22 Sec. 9.005. COUNCIL STAFF. On request by the council, the
2-23 commission and the Texas Water Development Board shall provide any
2-24 staff other than the secretary of the council necessary to assist
2-25 the council in the performance of its duties.
2-26 Sec. 9.006. MEETINGS. (a) The council shall meet at least
3-1 once in each calendar quarter. Four members shall constitute a
3-2 quorum sufficient to conduct meetings and the business of the
3-3 council.
3-4 (b) The council is subject to Chapters 551 and 2001,
3-5 Government Code.
3-6 Sec. 9.007. COMPENSATION OF MEMBERS. (a) Members of the
3-7 council shall serve without compensation but may be reimbursed by
3-8 legislative appropriation for actual and necessary expenses related
3-9 to the performance of council duties.
3-10 (b) Reimbursements under Subsection (a) shall be subject to
3-11 the approval of the chair.
3-12 Sec. 9.008. POWERS AND DUTIES OF COUNCIL. (a) The council
3-13 shall:
3-14 (1) provide guidance on state surface water and
3-15 groundwater policy initiatives, including:
3-16 (A) clarifying groundwater management;
3-17 (B) providing flexibility and incentives for
3-18 water desalination, brush control, regionalization, weather
3-19 modification projects, and public-private partnerships relating to
3-20 water projects;
3-21 (C) financing of surface water and groundwater
3-22 projects;
3-23 (D) development of water conservation and
3-24 drought management projects;
3-25 (E) implementation of approved regional and
3-26 state water plans;
4-1 (F) conjunctive use and management of surface
4-2 water and groundwater;
4-3 (G) protection of environmental needs, including
4-4 instream flows, freshwater inflows, and fish and wildlife habitats;
4-5 (H) ensuring commonality of technical data and
4-6 information such as joint agency studies, freshwater inflow
4-7 recommendations, surface water and groundwater availability models,
4-8 and instream flow recommendations developed by the Parks and
4-9 Wildlife Department, the commission, and the Texas Water
4-10 Development Board; and
4-11 (I) encouraging the use of supplemental
4-12 environmental projects for water infrastructure needs and enhancing
4-13 the aquatic environment and habitat in enforcement proceedings at a
4-14 state agency or political subdivision;
4-15 (2) act as a policy liaison regarding the roles of,
4-16 the relationships among, and the ongoing duties of local, regional,
4-17 state, federal, and international water management entities,
4-18 including groundwater districts, river authorities and compacts,
4-19 regional water planning groups, and member agencies of the council;
4-20 (3) coordinate a unified state position on federal and
4-21 international water issues;
4-22 (4) act as an advocate for, and assist in the
4-23 prioritizing of, projects recommended by regional water planning
4-24 groups; and
4-25 (5) create a process for developing future groundwater
4-26 management standards for each aquifer.
5-1 (b) The council may not:
5-2 (1) regulate water use, water quality, or any other
5-3 aspect of water resource management;
5-4 (2) plan or construct water resource projects, or have
5-5 such projects planned or constructed; or
5-6 (3) grant or loan any funds for the construction of
5-7 water resource projects.
5-8 (c) The council shall evaluate the need for and, if
5-9 appropriate, develop a strategy for reorganizing or improving the
5-10 efficiency of local, regional, and state water management entities
5-11 and agencies.
5-12 Sec. 9.009. REPORT. Not later than December 1 of each
5-13 even-numbered year, the council shall submit a report to the
5-14 governor, lieutenant governor, and speaker of the house of
5-15 representatives and to the senate and house standing committees
5-16 with primary responsibility over water resource management and
5-17 financing. The report shall include findings of the council made
5-18 in the periodic reviews of authorities during the preceding
5-19 two-year period and any other findings and recommendations the
5-20 council considers necessary.
5-21 Sec. 9.010. REVIEW OF AUTHORITIES. (a) On a five-year
5-22 cycle, the council shall review authorities based on the
5-23 administrative policies provided by Section 9.012 and performance
5-24 standards described in Section 9.011. The reviews shall be
5-25 conducted of groups described in Subsection (b), with group 1 being
5-26 reviewed at the council's first quarterly meeting of the five-year
6-1 period and group 2 being reviewed at the council's third quarterly
6-2 meeting of the period. The council shall continue in numerical
6-3 order to review one group at every other quarterly meeting until
6-4 all ten groups have been reviewed and then shall recommence the
6-5 cycle.
6-6 (b) Authorities shall be reviewed under Subsection (a) in
6-7 the following groups:
6-8 (1) in group 1, Northeast Texas Municipal Water
6-9 District, Titus County Fresh Water Supply District No. 1, and
6-10 Franklin County Water District;
6-11 (2) in group 2, Angelina and Neches River Authority,
6-12 Lower Neches Valley Authority, Sabine River Authority, and Upper
6-13 Neches River Municipal Water Authority;
6-14 (3) in group 3, Red River Authority of Texas, Sulphur
6-15 River Municipal Water District, and Sulphur River Basin Authority;
6-16 (4) in group 4, San Jacinto River Authority, Gulf
6-17 Coast Water Authority, and North Harris County Regional Water
6-18 Authority;
6-19 (5) in group 5, North Texas Municipal Water District,
6-20 Tarrant Regional Water District, Trinity River Authority of Texas,
6-21 and Dallas County Utility and Reclamation District;
6-22 (6) in group 6, Brazos River Authority, West Central
6-23 Texas Municipal Water District, and North Central Texas Municipal
6-24 Water Authority;
6-25 (7) in group 7, Guadalupe-Blanco River Authority,
6-26 Lavaca-Navidad River Authority, Lower Colorado River Authority, and
7-1 Upper Guadalupe River Authority;
7-2 (8) in group 8, Nueces River Authority, San Antonio
7-3 River Authority, and Bexar-Medina-Atascosa Counties Water Control
7-4 and Improvement District No. 1;
7-5 (9) in group 9, Colorado River Municipal Water
7-6 District, Central Colorado River Authority, and Upper Colorado
7-7 River Authority; and
7-8 (10) in group 10, Canadian River Municipal Water
7-9 Authority, Mackenzie Municipal Water Authority, and White River
7-10 Municipal Water District.
7-11 Sec. 9.011. PERFORMANCE STANDARDS. (a) The council shall
7-12 review and assess an authority described by Section 9.010 according
7-13 to whether the authority:
7-14 (1) has complied with Section 9.012;
7-15 (2) is performing its mission, key functions, and
7-16 duties and is appropriately exercising its powers;
7-17 (3) has defined goals for its mission and has measures
7-18 for meeting those goals;
7-19 (4) works with local government effectively;
7-20 (5) has current and future funding resources to
7-21 achieve its mission, goals, objectives, and performance targets and
7-22 is appropriately using the funding resources;
7-23 (6) has an internal auditor;
7-24 (7) administers and manages the various funds in the
7-25 authority's budget properly;
7-26 (8) ensures that its functions do not duplicate those
8-1 of other entities and describes how it avoids such duplication; and
8-2 (9) has an adequate self-evaluation process.
8-3 (b) In addition to the review and assessment considerations
8-4 under Subsection (a), the council shall consider whether:
8-5 (1) the governing structure that guides board
8-6 activities is set out in a document that is efficient and workable
8-7 for achieving the mission and key functions of the authority;
8-8 (2) the authority's planning functions, including
8-9 strategic planning, business plans, the policy-making body's
8-10 planning functions, and the authority's role in regional water
8-11 planning groups, are efficient and workable for achieving the
8-12 mission and key functions of the authority;
8-13 (3) the primary role and responsibilities of the
8-14 policy-making body are clearly set out and the members of the body
8-15 are qualified to perform their duties;
8-16 (4) the policy-making body uses subcommittees or
8-17 advisory committees to carry out its duties and, if so, whether:
8-18 (A) the members are qualified to accomplish
8-19 their duties; and
8-20 (B) the committees are used appropriately;
8-21 (5) the policy-making body and any subcommittees or
8-22 advisory committees obtain input from the public regarding issues
8-23 under the authority's jurisdiction and whether this information is
8-24 incorporated into the operations of the authority;
8-25 (6) the authority's permitted water resources are
8-26 operated in a manner that achieves conservation of that resource
9-1 and protects environmental needs in accordance with environmental
9-2 requirements of permits, including instream flow and freshwater
9-3 inflow needs;
9-4 (7) if the authority charges for water or electricity,
9-5 the authority establishes an appropriate rate structure; and
9-6 (8) if the authority operates water or wastewater
9-7 treatment plants, the plants are regional in nature.
9-8 (c) Prior to its five-year review under Section 9.010, an
9-9 authority shall assess its compliance with the standards described
9-10 by this section and shall report the results to the council for use
9-11 during the review.
9-12 Sec. 9.012. ADMINISTRATIVE POLICIES FOR AUTHORITIES.
9-13 (a) Each authority subject to this chapter shall submit to the
9-14 council a copy of its administrative policies and any subsequent
9-15 amendments adopted by its board.
9-16 (b) The council shall file copies of the administrative
9-17 policies and shall make them available for public inspection.
9-18 (c) The council may request additional documents from an
9-19 authority or inspect records at the office of the authority to
9-20 determine compliance with the adopted administrative policies.
9-21 (d) The following provisions shall be incorporated into the
9-22 administrative policies adopted by the authorities subject to these
9-23 rules:
9-24 (1) Code of ethics. The administrative policies shall
9-25 mandate compliance with the following standards:
9-26 (A) Chapter 171, Local Government Code, relating
10-1 to conflicts of interest with a business entity in which a local
10-2 public official has a substantial interest;
10-3 (B) Chapter 573, Government Code, relating to
10-4 nepotism;
10-5 (C) Chapter 572, Government Code, relating to
10-6 standards of conduct, personal financial disclosure, and conflict
10-7 of interest; and
10-8 (D) Section 52, Article III, Texas Constitution,
10-9 relating to the prohibition on granting public money or a thing of
10-10 value to any individual, association, or corporation.
10-11 (2) Travel expenses. The administrative policies
10-12 shall provide for reimbursing authority officials for necessary and
10-13 reasonable travel expenses incurred while conducting business or
10-14 performing official duties or assignments. A board may adopt
10-15 additional policies which further define the criteria for necessary
10-16 and reasonable travel expenses and which provide procedures for the
10-17 reimbursement of expenses.
10-18 (3) Investments. The administrative policies shall
10-19 provide compliance with:
10-20 (A) Chapters 2256 and 2257, Government Code; and
10-21 (B) any other statute applicable to the
10-22 investment of an authority's funds.
10-23 (4) Professional services policy. The administrative
10-24 policies shall provide for compliance with Subchapter A, Chapter
10-25 2254, Government Code, which prohibits the selection of
10-26 professional services based on competitive bids, and shall further
11-1 provide that:
11-2 (A) a list be maintained of at least three
11-3 qualified persons or firms for each area of professional service
11-4 used by the authority; and
11-5 (B) the prequalified persons or firms be sent a
11-6 request for proposal for any contract award for a new project that
11-7 is expected to exceed $25,000.
11-8 (5) Industrial development bonds and pollution control
11-9 bonds. The administrative policies shall reference any industrial
11-10 development corporation associated with an authority and shall
11-11 provide for compliance with the memorandum issued by the state
11-12 auditor on October 7, 1988, relating to the disclosure of
11-13 industrial development and pollution control bonds.
11-14 (6) Management policies. The administrative policies
11-15 shall provide for:
11-16 (A) an independent management audit to be
11-17 conducted every five years and submitted to the executive director
11-18 of the commission and the council or to an internal audit office to
11-19 be established and to report to the authority's board of directors;
11-20 and
11-21 (B) compliance with the provisions of Chapter
11-22 2161, Government Code, relating to contracting with historically
11-23 underutilized businesses and providing equal employment
11-24 opportunities.
11-25 Sec. 9.013. GIFTS AND GRANTS. The council may accept gifts
11-26 and grants from any source to carry out the purposes of this
12-1 chapter. The use of gifts and grants other than legislative
12-2 appropriations is subject only to limitations contained in the gift
12-3 or grant.
12-4 Sec. 9014. FUNDING. (a) The interagency water policy
12-5 account is a special account in the general revenue fund.
12-6 (b) The interagency water policy account consists of
12-7 legislative appropriations, gifts and grants received under Section
12-8 9.013, and other money required by law to be deposited in the
12-9 account.
12-10 (c) Funds in the interagency water policy account may be
12-11 used only as provided by this chapter.
12-12 Sec. 9.015. CONTINUING RIGHT OF SUPERVISION. Nothing in
12-13 this chapter shall affect the continuing right of supervision over
12-14 authorities by the commission as provided by Section 12.081.
12-15 ARTICLE 2. SURFACE WATER AND GROUNDWATER
12-16 CONJUNCTIVE MANAGEMENT;
12-17 REGULATORY INCENTIVES
12-18 SECTION 2.01. Section 11.002, Water Code, is amended by
12-19 adding Subdivisions (7), (11), (12), and (13) to read as follows:
12-20 (7) "Instream use" means the use of state water for
12-21 fisheries, aesthetics, water quality protection, aquatic and
12-22 riparian wildlife habitat, freshwater inflows for bays and
12-23 estuaries, and any other similar use recognized by law. An
12-24 instream use is a beneficial use of water.
12-25 (11) "River basin" means a river or coastal basin
12-26 designated by the board as a river basin under Section 16.051. The
13-1 term does not include waters of the bays or arms of the Gulf of
13-2 Mexico.
13-3 (12) "Agriculture" means any of the following
13-4 activities:
13-5 (A) cultivating the soil;
13-6 (B) producing crops for human food, animal feed,
13-7 or planting seed or for the production of fibers;
13-8 (C) floriculture, viticulture, silviculture, and
13-9 horticulture, including the cultivation of plants in containers or
13-10 nonsoil media;
13-11 (D) raising, feeding, or keeping animals for the
13-12 production of food or fiber, leather, pelts, or other tangible
13-13 products having a commercial value;
13-14 (E) wildlife management; and
13-15 (F) planting cover crops, including cover crops
13-16 cultivated for transplantation, or leaving land idle for the
13-17 purpose of participating in any governmental program or normal crop
13-18 or livestock rotation procedure.
13-19 (13) "Agricultural use" means any use or activity
13-20 involving agriculture, including irrigation.
13-21 SECTION 2.02. Subsection (a), Section 11.023, Water Code, is
13-22 amended to read as follows:
13-23 (a) State water may be appropriated, stored, or diverted
13-24 for:
13-25 (1) domestic and municipal uses, including water for
13-26 sustaining human life and the life of domestic animals;
14-1 (2) industrial uses, meaning processes designed to
14-2 convert materials of a lower order of value into forms having
14-3 greater usability and commercial value, including the development
14-4 of power by means other than hydroelectric;
14-5 (3) agricultural uses [irrigation];
14-6 (4) mining and recovery of minerals;
14-7 (5) hydroelectric power;
14-8 (6) navigation;
14-9 (7) recreation and pleasure;
14-10 (8) [stock raising;]
14-11 [(9)] public parks; [and]
14-12 (9) [(10)] game preserves; and
14-13 (10) instream uses.
14-14 SECTION 2.03. Section 11.024, Water Code, is amended to read
14-15 as follows:
14-16 Sec. 11.024. APPROPRIATION: PREFERENCES. In order to
14-17 conserve and properly utilize state water, the public welfare
14-18 requires not only recognition of beneficial uses but also a
14-19 constructive public policy regarding the preferences between these
14-20 uses, and it is therefore declared to be the public policy of this
14-21 state that in appropriating state water preference shall be given
14-22 to the following uses in the order named:
14-23 (1) domestic and municipal uses, including water for
14-24 sustaining human life and the life of domestic animals, it being
14-25 the public policy of the state and for the benefit of the greatest
14-26 number of people that in the appropriation of water as herein
15-1 defined, the appropriation of water for domestic and municipal uses
15-2 shall be and remain superior to the rights of the state to
15-3 appropriate the same for all other purposes;
15-4 (2) industrial uses, meaning processes designed to
15-5 convert materials of a lower order of value into forms having
15-6 greater usability and commercial value, including the development
15-7 of power by means other than hydroelectric;
15-8 (3) irrigation;
15-9 (4) mining and recovery of minerals;
15-10 (5) hydroelectric power;
15-11 (6) navigation;
15-12 (7) instream uses;
15-13 (8) recreation and pleasure; and
15-14 (9) [(8)] other beneficial uses.
15-15 SECTION 2.04. Subsections (p) and (s) through (v), Section
15-16 11.085, Water Code, are amended to read as follows:
15-17 (p) [For the purposes of this section, a basin is designated
15-18 as provided in accordance with Section 16.051 of this code.] A
15-19 river basin may not be redesignated in order to allow a transfer or
15-20 diversion of water otherwise in violation of this section.
15-21 (s) [Any proposed transfer of all or a portion of a water
15-22 right under this section is junior in priority to water rights
15-23 granted before the time application for transfer is accepted for
15-24 filing.]
15-25 [(t) Any proposed transfer of all or a portion of a water
15-26 right under this section from a river basin in which two or more
16-1 river authorities or water districts created under Section 59,
16-2 Article XVI, Texas Constitution, have written agreements or permits
16-3 that provide for the coordinated operation of their respective
16-4 reservoirs to maximize the amount of water for beneficial use
16-5 within their respective water services areas shall be junior in
16-6 priority to water rights granted before the time application for
16-7 transfer is accepted for filing.]
16-8 [(u)] An appropriator of water for municipal purposes in the
16-9 basin of origin may, at the appropriator's option, be a party in
16-10 any hearings under this section.
16-11 (t) [(v)] The provisions of this section, except Subsection
16-12 (a), do not apply to:
16-13 (1) a proposed transfer which in combination with any
16-14 existing transfers totals less than 3,000 acre-feet of water per
16-15 annum from the same permit, certified filing, or certificate of
16-16 adjudication;
16-17 (2) a request for an emergency transfer of water;
16-18 (3) a proposed transfer from a basin to its adjoining
16-19 coastal basin; [or]
16-20 (4) a proposed transfer from a basin to a county or
16-21 municipality or the municipality's retail service area that is
16-22 partially within the basin for use in that part of the county or
16-23 municipality and the municipality's retail service area not within
16-24 the basin; or
16-25 (5) a proposed transfer of newly developed water
16-26 introduced into the basin through seawater desalination.
17-1 SECTION 2.05. Subsection (b), Section 11.1271, Water Code,
17-2 is amended to read as follows:
17-3 (b) The commission shall require the holder of an existing
17-4 permit, certified filing, or certificate of adjudication for the
17-5 appropriation of surface water in the amount of 1,000 acre-feet a
17-6 year or more for municipal, industrial, and other uses, and 10,000
17-7 acre-feet a year or more for irrigation uses, to develop, submit,
17-8 and implement a water conservation plan, consistent with the state
17-9 [appropriate approved regional] water plan, that adopts reasonable
17-10 water conservation measures as defined by Subdivision (8)(B),
17-11 Section 11.002[, of this code]. The requirement for a water
17-12 conservation plan under this section shall not result in the need
17-13 for an amendment to an existing permit, certified filing, or
17-14 certificate of adjudication.
17-15 SECTION 2.06. Subsection (a), Section 11.1272, Water Code,
17-16 is amended to read as follows:
17-17 (a) The commission shall by rule require wholesale and
17-18 retail public water suppliers and irrigation districts to develop
17-19 drought contingency plans consistent with the state [appropriate
17-20 approved regional] water plan to be implemented during periods of
17-21 water shortages and drought.
17-22 SECTION 2.07. Subsection (b), Section 11.134, Water Code, is
17-23 amended to read as follows:
17-24 (b) The commission shall grant the application only if:
17-25 (1) the application conforms to the requirements
17-26 prescribed by this chapter and is accompanied by the prescribed
18-1 fee;
18-2 (2) unappropriated water is available in the source of
18-3 supply;
18-4 (3) the proposed appropriation:
18-5 (A) is intended for a beneficial use;
18-6 (B) does not impair existing water rights or
18-7 vested riparian rights;
18-8 (C) is not detrimental to the public welfare;
18-9 (D) considers the assessments performed under
18-10 Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152
18-11 [effects of any hydrological connection between surface water and
18-12 groundwater]; and
18-13 (E) addresses a water supply need in a manner
18-14 that is consistent with the state water plan and an approved
18-15 regional water plan [for any area in which the proposed
18-16 appropriation is located], unless the commission determines that
18-17 conditions warrant waiver of this requirement; and
18-18 (4) the applicant has provided evidence that
18-19 reasonable diligence will be used to avoid waste and achieve water
18-20 conservation as defined by Subdivision (8)(B), Section 11.002[, of
18-21 this code].
18-22 SECTION 2.08. Subsection (a), Section 11.138, Water Code, is
18-23 amended to read as follows:
18-24 (a) The commission may issue temporary permits for
18-25 beneficial purposes to the extent that they do not interfere with
18-26 or adversely affect prior appropriations or vested rights on the
19-1 stream from which water is to be diverted under such temporary
19-2 permit. The commission may, by appropriate order, authorize any
19-3 member of the commission to approve and issue temporary permits
19-4 without notice and hearing if it appears to such issuing party that
19-5 sufficient water is available at the proposed point of diversion to
19-6 satisfy the requirements of the temporary permit as well as all
19-7 existing rights. No temporary permit issued without notice and
19-8 hearing shall authorize more than 10 acre-feet of water, nor may it
19-9 be for a term in excess of one year. The commission by rule may
19-10 authorize the beneficial use, without a permit, of not more than 25
19-11 acre-feet of water, for a term not to exceed one year, if the
19-12 diversion of water will not affect existing water right holders and
19-13 the user of the water registers the use with the commission in the
19-14 manner required by the commission.
19-15 SECTION 2.09. Subsection (a), Section 11.142, Water Code, is
19-16 amended to read as follows:
19-17 (a) Without obtaining a permit, a person may construct on
19-18 the person's [his] own property a dam or reservoir with normal
19-19 storage of not more than 200 acre-feet of water for domestic and
19-20 livestock purposes. A person who temporarily stores more than 200
19-21 acre-feet of water in a dam or reservoir described by this
19-22 subsection is not required to obtain a permit for the dam or
19-23 reservoir if the person can demonstrate that the person has not
19-24 stored in the dam or reservoir more than 200 acre-feet of water on
19-25 average in any 12-month period.
19-26 SECTION 2.10. Section 11.146, Water Code, is amended by
20-1 adding Subsection (g) to read as follows:
20-2 (g) This section does not apply to a permit for construction
20-3 of a reservoir designed for the storage of more than 75,000
20-4 acre-feet of water.
20-5 SECTION 2.11. Section 11.1501, Water Code, is amended to
20-6 read as follows:
20-7 Sec. 11.1501. CONSIDERATION AND REVISION OF PLANS. In
20-8 considering an application for a permit to store, take, or divert
20-9 surface water, or for an amendment to a permit, certified filing,
20-10 or certificate of adjudication, the commission shall consider the
20-11 state water plan [and any approved regional water plan for the area
20-12 or areas in which the water is proposed to be stored, diverted, or
20-13 used].
20-14 SECTION 2.12. Subsection (b), Section 11.173, Water Code, is
20-15 amended to read as follows:
20-16 (b) A permit, certified filing, or certificate of
20-17 adjudication or a portion of a permit, certified filing, or
20-18 certificate of adjudication is exempt from cancellation under
20-19 Subsection (a) of this section:
20-20 (1) to the extent of the owner's participation in the
20-21 Conservation Reserve Program authorized by the Food Security Act,
20-22 Pub.L. No. 99-198, Secs. 1231-1236, 99 Stat. 1354, 1509-1514 (1985)
20-23 or a similar governmental program; [or]
20-24 (2) if any portion of the water authorized to be used
20-25 pursuant to a permit, certified filing, or certificate of
20-26 adjudication has been used in accordance with the state [a
21-1 regional] water plan adopted [approved] pursuant to Section 16.051;
21-2 (3) if the permit, certified filing, or certificate of
21-3 adjudication was obtained to meet demonstrated long-term public
21-4 water supply or electric generation needs as evidenced by a water
21-5 management plan developed by the holder and is consistent with
21-6 projections of future water needs contained in the state water
21-7 plan;
21-8 (4) if the permit, certified filing, or certificate of
21-9 adjudication was obtained as the result of the construction of a
21-10 reservoir funded, in whole or in part, by the holder of the permit,
21-11 certified filing, or certificate of adjudication as part of the
21-12 holder's long-term water planning; or
21-13 (5) if the water right has been converted to an
21-14 instream use for fish and wildlife habitat purposes [16.053 of this
21-15 code].
21-16 SECTION 2.13. Subsection (b), Section 11.177, Water Code, is
21-17 amended to read as follows:
21-18 (b) In determining what constitutes reasonable diligence or
21-19 a justified nonuse as used in Subsection (a)(2) [of this section],
21-20 the commission shall give consideration to:
21-21 (1) whether sufficient water is available in the
21-22 source of supply to meet all or part of the appropriation during
21-23 the 10-year period of nonuse;
21-24 (2) whether the nonuse is justified by the holder's
21-25 participation in the federal Conservation Reserve Program or a
21-26 similar governmental program as provided by Section 11.173(b)(1)
22-1 [of this code];
22-2 (3) [whether the permit, certified filing, or
22-3 certificate of adjudication was obtained to meet demonstrated
22-4 long-term public water supply or electric generation needs as
22-5 evidenced by a water management plan developed by the holder and
22-6 consistent with projections of future water needs contained in the
22-7 state water plan;]
22-8 [(4) whether the permit, certified filing, or
22-9 certificate of adjudication was obtained as the result of the
22-10 construction of a reservoir funded, in whole or in part, by the
22-11 holder of the permit, certified filing, or certificate of
22-12 adjudication as part of the holder's long-term water planning;]
22-13 [(5)] whether the existing or proposed authorized
22-14 purpose and place of use are consistent with the state [an approved
22-15 regional] water plan as provided by Section 16.051 [16.053 of this
22-16 code];
22-17 (4) [(6)] whether the permit, certified filing, or
22-18 certificate of adjudication has been deposited into the Texas Water
22-19 Bank as provided by Sections 15.7031 and 15.704 of this code or
22-20 whether it can be shown that the water right or water available
22-21 under the right is currently being made available for purchase
22-22 through private marketing efforts; or
22-23 (5) [(7)] whether the permit, certified filing, or
22-24 certificate of adjudication has been reserved to provide for
22-25 instream flows or bay and estuary inflows.
22-26 SECTION 2.14. Section 16.012, Water Code, is amended by
23-1 adding Subsections (l) and (m) to read as follows:
23-2 (l) The executive administrator shall obtain or develop
23-3 groundwater availability models for major and minor aquifers in
23-4 coordination with regional water planning groups created under
23-5 Section 16.053 that overlie the aquifers. On completing a
23-6 groundwater availability model for an aquifer, the executive
23-7 administrator shall provide the model to each groundwater
23-8 conservation district and each regional water planning group
23-9 created under Section 16.053 overlying that aquifer.
23-10 (m) The executive administrator shall conduct surveys of
23-11 persons using groundwater and surface water at intervals determined
23-12 appropriate by the executive administrator to gather data to be
23-13 used for long-term water supply planning. Recipients of the survey
23-14 shall complete and return the survey to the executive
23-15 administrator. Persons who fail to timely return the survey shall
23-16 not be eligible for funding from the board for board programs and
23-17 shall be ineligible to obtain permits, permit amendments, or permit
23-18 renewals from the commission under Chapter 11.
23-19 SECTION 2.15. Subsections (a), (f), (g), and (h), Section
23-20 16.051, Water Code, are amended to read as follows:
23-21 (a) No later than January 5, 2002, and before the end of
23-22 each successive five-year period after that date [every five years
23-23 thereafter], the board shall prepare, develop, formulate, and adopt
23-24 a comprehensive state water plan that incorporates the regional
23-25 water plans approved under Section 16.053 to the extent the board
23-26 determines that such plans provide for the efficient use and
24-1 development of the groundwater and surface water resources of the
24-2 state. The state water plan shall provide for the orderly
24-3 development, management, and conservation of water resources and
24-4 preparation for and response to drought conditions, in order that
24-5 sufficient water will be available at a reasonable cost to ensure
24-6 public health, safety, and welfare; further economic development;
24-7 and protect the agricultural and natural resources of the entire
24-8 state.
24-9 (f) The legislature may designate a[:]
24-10 [(1)] river or stream segment of unique ecological
24-11 value. This designation solely means that a state agency or
24-12 political subdivision of the state may not finance the construction
24-13 of a reservoir in a stream segment designated by the legislature
24-14 under this subsection.
24-15 (g) The legislature may designate a[; or]
24-16 [(2)] site of unique value for the construction of a
24-17 reservoir.
24-18 [(g)] A state agency or political subdivision of the state
24-19 may not obtain a fee title or an easement that would[:]
24-20 [(1) destroy the unique ecological value of a river or
24-21 stream segment designated by the legislature under Subsection (f)
24-22 of this section; or]
24-23 [(2)] significantly prevent the construction of a
24-24 reservoir on a site designated by the legislature under [Subsection
24-25 (f) of] this subsection [section].
24-26 (h) The board, the commission, or the Parks and Wildlife
25-1 Department or a political subdivision affected by an action taken
25-2 in violation of Subsections (f) and [Subsection] (g) [of this
25-3 section] may bring a cause of action to remedy or prevent the
25-4 violation. A cause of action brought under this subsection must be
25-5 filed in a district court in Travis County or in the county in
25-6 which the action is proposed or occurring.
25-7 SECTION 2.16. Subsections (d) and (e), Section 16.053, Water
25-8 Code, are amended to read as follows:
25-9 (d) The board shall provide guidelines for the consideration
25-10 of existing regional planning efforts by regional water planning
25-11 groups. The board shall provide guidelines for the format in which
25-12 information shall be presented in the regional water plans. The
25-13 board by rule shall require a holder of a surface water permit, a
25-14 certified filing, or a certificate of adjudication for surface
25-15 water, a holder of a permit for the export of groundwater from a
25-16 groundwater conservation district, a retail public water supplier,
25-17 a wholesale water provider, and an irrigation district to report to
25-18 the board information on certain water pipelines and other
25-19 facilities that can be used for water conveyance. Nothing in the
25-20 initial planning effort shall prevent development of a management
25-21 plan or project where local or regional needs require action prior
25-22 to completion of the initial regional water plan under this
25-23 section.
25-24 (e) Each regional water planning group shall submit to the
25-25 board a regional water plan that:
25-26 (1) is consistent with the guidance principles for the
26-1 state water plan adopted by the board under Section 16.051(d);
26-2 (2) provides information based on data provided or
26-3 approved by the board in a format consistent with the guidelines
26-4 provided by the board under Subsection (d);
26-5 (3) identifies:
26-6 (A) each source of water supply in the regional
26-7 water planning area in accordance with the guidelines provided by
26-8 the board under Subsections (d) and (f);
26-9 (B) factors specific to each source of water
26-10 supply to be considered in determining whether to initiate a
26-11 drought response; [and]
26-12 (C) actions to be taken as part of the response;
26-13 and
26-14 (D) information on water pipelines and other
26-15 facilities that can be used for water conveyance as provided by
26-16 board rules and guidelines;
26-17 (4) has specific provisions for water management
26-18 strategies to be used during a drought of record;
26-19 (5) includes but is not limited to consideration of
26-20 the following:
26-21 (A) any existing water or drought planning
26-22 efforts addressing all or a portion of the region;
26-23 (B) certified groundwater conservation district
26-24 management plans and other plans submitted under Section 16.054;
26-25 (C) all potentially feasible water management
26-26 strategies, including but not limited to improved conservation,
27-1 reuse, and management of existing water supplies, acquisition of
27-2 available existing water supplies, and development of new water
27-3 supplies;
27-4 (D) protection of existing water rights in the
27-5 region;
27-6 (E) opportunities for and the benefits of
27-7 developing regional water supply facilities or providing regional
27-8 management of water supply facilities;
27-9 (F) appropriate provision for environmental
27-10 water needs and for the effect of upstream development on the bays,
27-11 estuaries, and arms of the Gulf of Mexico and the effect of plans
27-12 on navigation;
27-13 (G) provisions in Section 11.085(k)(1) if
27-14 interbasin transfers are contemplated;
27-15 (H) voluntary transfer of water within the
27-16 region using, but not limited to, regional water banks, sales,
27-17 leases, options, subordination agreements, and financing
27-18 agreements; and
27-19 (I) emergency transfer of water under Section
27-20 11.139, including information on the part of each permit, certified
27-21 filing, or certificate of adjudication for nonmunicipal use in the
27-22 region that may be transferred without causing unreasonable damage
27-23 to the property of the nonmunicipal water rights holder; and
27-24 (6) identifies river and stream segments of unique
27-25 ecological value and sites of unique value for the construction of
27-26 reservoirs that the regional water planning group recommends for
28-1 protection under Section 16.051.
28-2 SECTION 2.17. Subdivision (8), Subsection (h), Section
28-3 16.053, Water Code, is amended to read as follows:
28-4 (8) Notice required by Subdivision (1), (3), or (6) of
28-5 this subsection or by Section 16.0531 must be:
28-6 (A) published once in a newspaper of general
28-7 circulation in each county located in whole or in part in the
28-8 regional water planning area before the 30th day preceding the date
28-9 of the public meeting or hearing; and
28-10 (B) mailed to:
28-11 (i) each mayor of a municipality with a
28-12 population of 1,000 or more that is located in whole or in part in
28-13 the regional water planning area;
28-14 (ii) each county judge of a county located
28-15 in whole or in part in the regional water planning area;
28-16 (iii) each special or general law district
28-17 or river authority with responsibility to manage or supply water in
28-18 the regional water planning area;
28-19 (iv) each retail public utility that:
28-20 (a) serves any part of the regional
28-21 water planning area; or
28-22 (b) receives water from the regional
28-23 water planning area; and
28-24 (v) each holder of record of a permit,
28-25 certified filing, or certificate of adjudication for the use of
28-26 surface water the diversion of which occurs in the regional water
29-1 planning area.
29-2 SECTION 2.18. Subsection (j), Section 16.053, Water Code, is
29-3 amended to read as follows:
29-4 (j) The board may provide financial assistance to political
29-5 subdivisions under Subchapters E and F of this chapter, Subchapters
29-6 C, D, E, F, and J, Chapter 15, and Subchapters D, I, K, and L,
29-7 Chapter 17, for water supply projects only if:
29-8 (1) the board determines that the needs to be
29-9 addressed by the project will be addressed in a manner that is
29-10 consistent with the state water plan; and
29-11 (2) beginning January 5, 2002, the board[:]
29-12 [(A)] has approved a regional water plan as
29-13 provided by Subsection (i), and any required updates of the plan,
29-14 for the region of the state that includes the area benefiting from
29-15 the proposed project[; and]
29-16 [(B) determines that the needs to be addressed
29-17 by the project will be addressed in a manner that is consistent
29-18 with that regional water plan].
29-19 SECTION 2.19. Subchapter A, Chapter 16, Water Code, is
29-20 amended by adding Sections 16.0531 and 16.0532 to read as follows:
29-21 Sec. 16.0531. GROUNDWATER MANAGEMENT STANDARD. (a) As part
29-22 of a regional water plan required by Section 16.053(e), each
29-23 regional water planning group shall adopt a groundwater management
29-24 standard for each source of groundwater that is a source of water
29-25 for the regional planning area in accordance with the guidelines
29-26 provided by Sections 16.053(d) and (f).
30-1 (b) The groundwater management standards shall describe the
30-2 desired condition of the groundwater source as indicated by indices
30-3 of quantity of water in the source, quality of water produced from
30-4 the source, or subsidence of the land surface. The groundwater
30-5 management standard shall describe this condition for various time
30-6 periods throughout the planning period.
30-7 (c) A regional water planning group shall consider the
30-8 groundwater management standards contained in certified groundwater
30-9 conservation plans submitted to the regional water planning group
30-10 under Section 16.054.
30-11 (d) Prior to the adoption of groundwater management
30-12 standards, a regional water planning group shall, after providing
30-13 notice in accordance with Section 16.053(h)(8), hold at least one
30-14 public meeting at a central location to gather suggestions and
30-15 recommendations from the public about what issues to consider with
30-16 regard to groundwater management standards.
30-17 Sec. 16.0532. GROUNDWATER WITHDRAWAL RATE. (a) Each
30-18 regional water planning group shall determine groundwater
30-19 withdrawal rates based on the groundwater management standard
30-20 adopted under Section 16.0531(a) for each source of groundwater
30-21 that is a source of water for the regional water planning area in
30-22 accordance with the guidelines provided by Sections 16.053(d) and
30-23 (f). The regional water planning groups shall use groundwater
30-24 availability modeling information provided by the executive
30-25 administrator to determine these rates.
30-26 (b) The groundwater withdrawal rate shall be the maximum
31-1 rate of production that will allow the groundwater management
31-2 standard to be realized.
31-3 (c) A groundwater withdrawal rate shall be set for various
31-4 time periods throughout the planning period.
31-5 (d) The regional water planning group shall consider the
31-6 groundwater withdrawal rates contained in certified groundwater
31-7 conservation plans submitted to the regional water planning group
31-8 under Section 16.054.
31-9 SECTION 2.20. Subsections (a), (c), and (d), Section 16.054,
31-10 Water Code, are amended to read as follows:
31-11 (a) It is the policy of the state that water resource
31-12 management, water conservation, and drought planning should occur
31-13 on an ongoing basis. The board, commission, and Parks and Wildlife
31-14 Department shall make available where appropriate technical and
31-15 financial assistance for such planning. In addition, the
31-16 Department of Agriculture may provide input and assistance, as
31-17 appropriate, for local water [such] planning.
31-18 (c) When preparing a plan to be submitted under this
31-19 section, a person shall consider the implementation of a
31-20 desalination program if practicable.
31-21 (d) The regional water planning group shall consider any
31-22 plan submitted under this section when preparing the regional water
31-23 plan under Section 16.053 of this code.
31-24 (e) After January 5, 2002, when [(d) When] preparing
31-25 individual water plans that address drought or the development,
31-26 management, or conservation of water resources from the holders of
32-1 existing permits, certified filings, or certificates of
32-2 adjudication, the water suppliers, groundwater districts, special
32-3 districts, irrigation districts, and other water users should
32-4 ensure that the plan is not in conflict with the state [applicable
32-5 approved regional] water plan [for their region].
32-6 SECTION 2.21. Subsection (b), Section 18.081, Water Code, is
32-7 amended to read as follows:
32-8 (b) The commission may [shall], if requested by at least 25
32-9 persons, hold at least one public meeting [hearing] in the area
32-10 where the operation is to be conducted prior to the issuance of a
32-11 permit.
32-12 SECTION 2.22. Subdivision (11), Section 35.002, Water Code,
32-13 is amended to read as follows:
32-14 (11) "Management area" means an area designated and
32-15 delineated by the Texas Water Development Board [commission] as an
32-16 area suitable for management of groundwater resources.
32-17 SECTION 2.23. Section 35.004, Water Code, is amended to read
32-18 as follows:
32-19 Sec. 35.004. DESIGNATION OF MANAGEMENT AREAS. (a) The
32-20 Texas Water Development Board, with assistance and cooperation from
32-21 the commission, shall designate groundwater management areas
32-22 covering all major and minor aquifers in the state. The initial
32-23 designation of management areas shall be completed by September 1,
32-24 2003 [On its own motion from time to time, or on receiving a
32-25 petition, the commission may designate groundwater management
32-26 areas]. Each management area shall be designated with the
33-1 objective of providing the most suitable area for the management of
33-2 the groundwater resources. To the extent feasible, the management
33-3 area shall coincide with the boundaries of a groundwater reservoir
33-4 or a subdivision of a groundwater reservoir. The Texas Water
33-5 Development Board [commission] also may consider other factors,
33-6 including the boundaries of political subdivisions.
33-7 (b) [On the request of any person interested in the
33-8 petition, or on the request of the commission, the executive
33-9 director shall prepare available evidence relating to the
33-10 configuration of a groundwater management area. Before making the
33-11 designation, the commission shall consider the evidence prepared by
33-12 the executive director and other evidence submitted at the hearing.]
33-13 [(c)] The Texas Water Development Board [commission] may
33-14 alter the boundaries of designated management areas as required by
33-15 future conditions and as justified by factual data. An alteration
33-16 of boundaries does not invalidate the previous creation of any
33-17 district.
33-18 (c) [(d)] The Texas Water Development Board [commission]
33-19 shall designate groundwater management areas using the procedures
33-20 applicable to rulemaking under [the Administrative Procedure Act,
33-21 Subchapter B,] Chapter 2001, Government Code.
33-22 SECTION 2.24. Subsections (a) and (f), Section 35.007, Water
33-23 Code, are amended to read as follows:
33-24 (a) The executive director and the executive administrator
33-25 shall meet periodically [at least once a year] to identify, based
33-26 on information gathered by the commission and the Texas Water
34-1 Development Board, those areas of the state that are experiencing
34-2 or that are expected to experience, within the immediately
34-3 following 25-year period, critical groundwater problems, including
34-4 shortages of surface water or groundwater, land subsidence
34-5 resulting from groundwater withdrawal, and contamination of
34-6 groundwater supplies. By September 1, 2005, the commission, with
34-7 assistance and cooperation from the Texas Water Development Board,
34-8 shall complete the initial designation of priority groundwater
34-9 management areas across all major and minor aquifers of the state
34-10 for all areas that meet the criteria for such designation. The
34-11 studies may be prioritized considering information from the
34-12 regional planning process, information from the Texas Water
34-13 Development Board groundwater management areas and groundwater
34-14 conservation districts, and any other information available. After
34-15 the initial designation of priority groundwater management areas,
34-16 the commission and the Texas Water Development Board shall annually
34-17 review the need for additional designations as provided by this
34-18 subsection.
34-19 (f) The report shall include:
34-20 (1) the recommended delineation of the boundaries of
34-21 any proposed priority groundwater management area in the form of an
34-22 order to be considered for adoption by the commission;
34-23 (2) the reasons and supporting information for or
34-24 against designating the area as a priority groundwater management
34-25 area;
34-26 (3) a recommendation regarding whether one or more
35-1 districts [a district] should be created in the priority
35-2 groundwater management area, [or whether] the priority groundwater
35-3 management area should be added to an existing district, or a
35-4 combination of those actions should be taken;
35-5 (4) a recommendation as to actions that should be
35-6 considered to conserve natural resources;
35-7 (5) an evaluation of information or studies submitted
35-8 to the executive director under Subsection (c); and
35-9 (6) any other information that the executive director
35-10 considers helpful to the commission.
35-11 SECTION 2.25. Section 35.008, Water Code, is amended to read
35-12 as follows:
35-13 Sec. 35.008. PROCEDURES FOR DESIGNATION OF PRIORITY
35-14 GROUNDWATER MANAGEMENT AREA; CONSIDERATION OF CREATION OF NEW
35-15 DISTRICT OR ADDITION OF LAND IN PRIORITY GROUNDWATER MANAGEMENT
35-16 AREA TO EXISTING DISTRICT; COMMISSION ORDER. (a) The commission
35-17 shall designate priority groundwater management areas using the
35-18 procedures provided by this chapter in lieu of those provided by
35-19 Subchapter B, Chapter 2001, Government Code.
35-20 (b) The commission shall call an evidentiary hearing to
35-21 consider:
35-22 (1) the designation of a priority groundwater
35-23 management area; and
35-24 (2) whether one or more districts [a district] should
35-25 be created over all or part of a priority groundwater management
35-26 area,[; or]
36-1 [(3) whether] all or part of the land in the priority
36-2 groundwater management area should be added to an existing
36-3 district, or a combination of those actions should be taken.
36-4 (c) Evidentiary hearings shall be held at a location in one
36-5 of the counties in which the priority groundwater management area
36-6 is located, or proposed to be located, or in the nearest convenient
36-7 location if adequate facilities are not available in those
36-8 counties.
36-9 (d) At the hearing, the commission shall hear testimony and
36-10 receive evidence from affected persons. Affected persons shall
36-11 include landowners and well owners in the proposed priority
36-12 groundwater management area. The commission shall consider the
36-13 executive director's report and supporting information and the
36-14 testimony and evidence received at the hearing. If the commission
36-15 considers further information necessary, the commission may request
36-16 such information from any source.
36-17 (e) Any evidentiary hearing shall be concluded not later
36-18 than the 75th day after the date notice of the hearing is
36-19 published.
36-20 (f) At the conclusion of the hearing and the commission's
36-21 considerations, the commission shall issue an order stating its
36-22 findings and conclusions, including whether a priority groundwater
36-23 management area should be designated in the area and
36-24 recommendations regarding district creation as set forth in
36-25 Subsection (g).
36-26 (g) The commission's order designating a priority
37-1 groundwater management area must recommend that the area be covered
37-2 by a district in any of the following ways:
37-3 (1) creation of one or more new districts;
37-4 (2) addition of the land in the priority groundwater
37-5 management area to one or more existing districts; or
37-6 (3) a combination of actions under Subdivisions (1)
37-7 and (2).
37-8 (h) In recommending the boundaries of a district or
37-9 districts under Subsection (g), the commission shall give
37-10 preference to boundaries that are coterminous with those of the
37-11 priority groundwater management area, but may recommend district
37-12 boundaries along existing political subdivision boundaries at the
37-13 discretion of the commission to facilitate district creation and
37-14 confirmation.
37-15 (i) The designation of a priority groundwater management
37-16 area may not be appealed nor may it be challenged under [the
37-17 Administrative Procedure Act,] Section 2001.038, Government Code.
37-18 SECTION 2.26. Subsections (a) and (b), Section 35.009, Water
37-19 Code, are amended to read as follows:
37-20 (a) The commission shall have notice of the hearing
37-21 published in at least one newspaper with general circulation in the
37-22 county or counties in which the area proposed for designation as a
37-23 priority groundwater management area [or the area within a priority
37-24 groundwater management area being considered for district creation
37-25 or for addition to an existing district] is located. Notice must
37-26 be published not later than the 30th day before the date set for
38-1 the hearing [commission to consider the designation of the priority
38-2 groundwater management area, the creation of a district in a
38-3 priority groundwater management area, or the addition of land in a
38-4 priority groundwater management area to an existing district].
38-5 (b) The notice must include:
38-6 (1) if applicable, a statement of the general purpose
38-7 and effect of designating the proposed priority groundwater
38-8 management area;
38-9 (2) if applicable, a statement of the general purpose
38-10 and effect of creating a new district in the priority groundwater
38-11 management area;
38-12 (3) if applicable, a statement of the general purpose
38-13 and effect of adding all or part of the land in the priority
38-14 groundwater management area to an existing district;
38-15 (4) a map generally outlining the boundaries of the
38-16 area being considered for priority groundwater management area
38-17 designation [or the priority groundwater management area being
38-18 considered for district creation or for addition to an existing
38-19 district,] or notice of the location at which a copy of the map may
38-20 be examined or obtained;
38-21 (5) a statement that the executive director's report
38-22 concerning the priority groundwater management area or proposed
38-23 area is available at the commission's main office in Austin, Texas,
38-24 and at regional offices of the commission for regions which include
38-25 territory within the priority groundwater management area or
38-26 proposed priority groundwater management area and that the report
39-1 is available for inspection during regular business hours;
39-2 (6) a description or the name of the locations in the
39-3 affected area at which the commission has provided copies of the
39-4 executive director's report to be made available for public
39-5 inspection;
39-6 (7) the name and address of each public library, each
39-7 county clerk's office, and each district to which the commission
39-8 has provided copies of the executive director's report; and
39-9 (8) the date, time, and place of the hearing.
39-10 SECTION 2.27. Section 35.012, Water Code, is amended to read
39-11 as follows:
39-12 Sec. 35.012. CREATION OF DISTRICT IN PRIORITY GROUNDWATER
39-13 MANAGEMENT AREA [COMMISSIONER ORDER]. (a) [At the conclusion of
39-14 its hearing and considerations, the commission shall issue an] [order
39-15 stating its findings and conclusions.]
39-16 [(b) If the commission finds that the land and other
39-17 property in the priority groundwater management area would benefit
39-18 from the creation of one or more districts, that there is a public
39-19 need for one or more districts, and that the creation of one or
39-20 more districts would further the public welfare, the commission
39-21 shall issue an order stating that the creation of one or more
39-22 districts is needed.]
39-23 [(c)] Following the issuance of a commission order under
39-24 Section 35.008 designating a priority groundwater management area
39-25 and recommending the creation of one or more districts, or the
39-26 addition of land to an existing district [Subsection (b)], the
40-1 landowners in the priority groundwater management area may:
40-2 (1) create one or more districts under Subchapter B,
40-3 Chapter 36;
40-4 (2) have the area annexed to a district that adjoins
40-5 the area; or
40-6 (3) create one or more districts through the
40-7 legislative process.
40-8 (b) Within two years, but no sooner than 120 days, from the
40-9 date on which the commission issues an order under Section 35.008
40-10 designating a priority groundwater management area, for those areas
40-11 that are not within a district, the commission shall:
40-12 (1) create one or more new districts under Section
40-13 36.0151;
40-14 (2) recommend that the areas, or a portion of the
40-15 areas, be added to an existing district under Section 35.013; or
40-16 (3) take any combination of the actions under
40-17 Subdivisions (1) and (2).
40-18 (c) Following the issuance of a commission order under
40-19 Section 35.008 [(d) The commission shall identify the areas
40-20 subject to the order of the commission issued under Subsection (b)
40-21 that have not been incorporated into a district and shall delineate
40-22 proposed boundaries of a district to include those areas. If the
40-23 commission proposes the creation of one or more districts], the
40-24 Texas Agricultural Extension Service shall begin an educational
40-25 program within such areas with the assistance and cooperation of
40-26 the Texas Water Development Board, the commission, the Department
41-1 of Agriculture, other state agencies, and existing districts to
41-2 inform the residents of the status of the area's water resources
41-3 and management options including possible formation of a district[,
41-4 before beginning the procedures for creation of a district provided
41-5 in Subchapter B, Chapter 36]. The county commissioners court of
41-6 each county in the priority groundwater management area shall form
41-7 a steering committee to provide assistance to the Texas
41-8 Agricultural Extension Service in accomplishing the goals of the
41-9 education program within the area.
41-10 [(e) If the commission fails to find that the district would
41-11 be a benefit to the land and other property within the priority
41-12 groundwater management area, that there is a public need for the
41-13 district, or that creation of the district will further the public
41-14 welfare, the commission shall issue an order stating that a
41-15 district should not be created within the boundaries of the
41-16 priority groundwater management area.]
41-17 [(f) An order of the commission issued under this section
41-18 may not be appealed.]
41-19 SECTION 2.28. Section 35.013, Water Code, is amended to read
41-20 as follows:
41-21 Sec. 35.013. ADDING PRIORITY GROUNDWATER MANAGEMENT AREA TO
41-22 EXISTING DISTRICT. (a) [If land in a priority groundwater
41-23 management area is located adjacent to one or more existing
41-24 districts, the commission, instead of issuing an order under
41-25 Section 35.012, may issue an order recommending that the priority
41-26 groundwater management area be added to the existing district
42-1 designated by the commission. In its order, the commission must
42-2 find that the land and other property in the priority groundwater
42-3 management area and the land in the existing district will benefit
42-4 from the addition of the area, that there is a public need to add
42-5 the priority groundwater management area to the existing district,
42-6 and that the addition of the land to the existing district would
42-7 further the public welfare.]
42-8 [(b)] If the commission in its order under Section 35.008
42-9 [executive director] recommends that the priority groundwater
42-10 management area, or a portion of the priority groundwater
42-11 management area, be added to an existing district [or if the
42-12 commission considers it possible to add the priority groundwater
42-13 management area to an adjacent existing district], the commission
42-14 shall give notice to the board of the existing district recommended
42-15 in its order [by the executive director or considered by the
42-16 commission to possibly serve the area] and to any other existing
42-17 districts adjacent to the priority groundwater management area.
42-18 (b) [(c)] The commission shall submit a copy of the order to
42-19 the board of the district to which it is recommending the priority
42-20 groundwater management area be added. The board shall vote on the
42-21 addition of the priority groundwater management area to the
42-22 district and shall advise the commission of the outcome.
42-23 (c) [(d)] If the board votes to accept the addition of the
42-24 priority groundwater management area to the district, the board:
42-25 (1) may request the Texas Agricultural Extension
42-26 Service, the commission, and the Texas Water Development Board,
43-1 with the cooperation and assistance of the Department of
43-2 Agriculture and other state agencies, to administer an educational
43-3 program to inform the residents of the status of the area's water
43-4 resources and management options including possible annexation into
43-5 a district;
43-6 (2) shall call an election within the priority
43-7 groundwater management area, or portion of the priority groundwater
43-8 management area, as delineated by the commission to determine if
43-9 the priority groundwater management area will be added to the
43-10 district; and
43-11 (3) shall designate election precincts and polling
43-12 places for the elections in the order calling an election under
43-13 this subsection.
43-14 (d) [(e)] The board shall give notice of the election and
43-15 the proposition to be voted on. The board shall publish notice of
43-16 the election at least one time in one or more newspapers with
43-17 general circulation within the boundaries of the priority
43-18 groundwater management area. The notice must be published before
43-19 the 30th day preceding the date set for the election.
43-20 (e) [(f)] The ballots for the election shall be printed to
43-21 provide for voting for or against the proposition: "The inclusion
43-22 of __________ (briefly describe priority groundwater management
43-23 area) in the __________ District." If the district has outstanding
43-24 debts or taxes, the proposition shall include the following
43-25 language: "and assumption by the described area of a proportional
43-26 share of the debts or taxes of the district."
44-1 (f) [(g)] Immediately after the election, the presiding
44-2 judge of each polling place shall deliver the returns of the
44-3 election to the board, and the board shall canvass the returns for
44-4 the election within the priority groundwater management area and
44-5 declare the results. If a majority of the voters in the priority
44-6 groundwater management area voting on the proposition vote in favor
44-7 of the proposition, the board shall declare that the priority
44-8 groundwater management area is added to the district. If a
44-9 majority of the voters in the priority groundwater management area
44-10 voting on the proposition vote against adding the priority
44-11 groundwater management area to the district, the board shall
44-12 declare that the priority groundwater management area is not added
44-13 to the district. The board shall file a copy of the election
44-14 results with the commission.
44-15 (g) [(h)] If the voters approve adding the priority
44-16 groundwater management area to the district, the board of the
44-17 district to which the priority groundwater management area is added
44-18 shall provide reasonable representation on that board compatible
44-19 with the district's existing scheme of representation.
44-20 (h) [(i)] If the proposition is defeated, or if the board of
44-21 the existing district votes not to accept the addition of the area
44-22 to the district, then the commission shall, except as provided
44-23 under Subsection (i), create under Section 36.0151 one or more
44-24 districts covering the priority groundwater management area within
44-25 one year of the date on which the proposition is defeated or the
44-26 board votes not to accept the area. [another] election to add the priority
45-7 groundwater management area to an existing district may not be
45-8 called before the first anniversary of the date on which the
45-9 election on the proposition was held.
45-10 SECTION 2.29. Subsection (c), Section 35.018, Water Code, is
45-11 amended to read as follows:
45-12 (c) If the commission determines that a district created
45-13 under Chapter 36 is not appropriate for, or capable of, the
45-14 protection of the groundwater resources for a particular management
45-15 area or priority groundwater management area, the commission may
45-16 recommend in its report to the legislature the creation of a
45-17 special district or amendment of an existing district. [(1) If
45-18 voters fail to create a groundwater district in a priority
45-19 groundwater management area or if voters fail to add the priority
45-20 groundwater management area to an existing groundwater district,
45-21 the report shall include recommendations for the future management
45-22 of the priority groundwater management area. The recommendations
45-23 may include but are not limited to the following:]
45-24 [(A) creation of a groundwater district by the
45-25 legislature;]
45-26 [(B) annexation of a priority groundwater
46-1 management area into an existing district by the legislature; or]
46-2 [(C) management of the priority groundwater
46-3 management area by the nearest regional office of the commission.
46-4 The commission may be authorized to:]
46-5 [(i) adopt spacing and annual per acre
46-6 pumping restrictions;]
46-7 [(ii) issue well permits in accordance
46-8 with Sections 36.113 and 36.1131;]
46-9 [(iii) prevent waste and protect the
46-10 quality of groundwater in accordance with Sections
46-11 36.001(8)(A)-(G);]
46-12 [(iv) levy administrative penalties for
46-13 violations; and]
46-14 [(v) collect fees in accordance with
46-15 Sections 36.206(a) and (b).]
46-16 [(2) If the commission is required by the legislature
46-17 to manage the priority groundwater management area, a new election
46-18 may not be called for three years from the date of the last
46-19 election.]
46-20 SECTION 2.30. Section 36.001, Water Code, is amended by
46-21 amending Subdivision (13) and adding Subdivisions (18), (19), and
46-22 (20) to read as follows:
46-23 (13) "Management area" means an area designated and
46-24 delineated by the Texas Water Development Board [commission] under
46-25 Chapter 35 as an area suitable for management of groundwater
46-26 resources.
47-1 (18) "River basin" means a river or coastal basin as
47-2 designated as a river basin by the board under Section 16.051. The
47-3 term does not include waters of the bays or arms of the Gulf of
47-4 Mexico.
47-5 (19) "Agriculture" means any of the following
47-6 activities:
47-7 (A) cultivating the soil;
47-8 (B) producing crops for human food, animal feed,
47-9 or planting seed or for the production of fibers;
47-10 (C) floriculture, viticulture, silviculture, and
47-11 horticulture, including the cultivation of plants in containers or
47-12 nonsoil media;
47-13 (D) raising, feeding, or keeping animals for the
47-14 production of food or fiber, leather, pelts, or other tangible
47-15 products having a commercial value;
47-16 (E) wildlife management; and
47-17 (F) planting cover crops, including cover crops
47-18 cultivated for transplantation, or leaving land idle for the
47-19 purpose of participating in any governmental program or normal crop
47-20 or livestock rotation procedure.
47-21 (20) "Agricultural use" means any use or activity
47-22 involving agriculture, including irrigation.
47-23 SECTION 2.31. Section 36.002, Water Code, is amended to read
47-24 as follows:
47-25 Sec. 36.002. OWNERSHIP OF GROUNDWATER. The ownership and
47-26 rights of the owners of the land and their lessees and assigns in
48-1 groundwater are hereby recognized, and nothing in this code shall
48-2 be construed as depriving or divesting the owners or their lessees
48-3 and assigns of the ownership or rights, except as such rights may
48-4 be limited or altered by [subject to] rules promulgated by a
48-5 district.
48-6 SECTION 2.32. Subsection (b), Section 36.011, Water Code, is
48-7 amended to read as follows:
48-8 (b) The commission has exclusive jurisdiction over the
48-9 [delineation of management areas and the] creation of districts.
48-10 SECTION 2.33. Section 36.012, Water Code, is amended by
48-11 adding Subsection (f) to read as follows:
48-12 (f) This section does not apply to districts created under
48-13 Section 36.0151.
48-14 SECTION 2.34. Section 36.014, Water Code, is amended to read
48-15 as follows:
48-16 Sec. 36.014. NOTICE AND HEARING ON DISTRICT CREATION.
48-17 (a) If a petition is filed under Section 36.013, the commission
48-18 shall give notice of an application as required by Section
48-19 49.011(a) and shall [may] conduct an evidentiary [a] hearing in a
48-20 central location within the area of the proposed district on the
48-21 application not later than the 120th day after the date the
48-22 commission issues notice [if the commission determines that a
48-23 hearing is necessary] under Section 49.011(a).
48-24 (b) At the evidentiary hearing, the commission shall receive
48-25 evidence from affected persons [If the petition contains a request
48-26 to create a management area in all or part of the proposed
49-1 district, the notice must also be given in accordance with the
49-2 requirements in Section 35.006 for the designation of management
49-3 areas].
49-4 SECTION 2.35. Section 36.015, Water Code, is amended to read
49-5 as follows:
49-6 Sec. 36.015. CREATION OF A DISTRICT BY PETITION; COMMISSION
49-7 FINDING AND ORDER [FINDINGS]. (a) After the completion of an
49-8 evidentiary hearing held under Section 36.014, [If] the commission
49-9 shall consider the evidence received at the hearing. If the
49-10 commission considers further information necessary, the commission
49-11 may request such information from any source [finds that a district
49-12 is feasible and practicable, that it would be a benefit to the land
49-13 in the district, and that it would be a public benefit or utility,
49-14 the commission shall issue an order containing these findings
49-15 granting the petition].
49-16 (b) Within 120 days of the date the commission held the
49-17 evidentiary hearing under Section 36.014, the commission shall:
49-18 (1) make a finding whether the proposed district is
49-19 feasible and practicable, that it would be a benefit to the land in
49-20 the district, and that it would be a public benefit or utility; and
49-21 (2) issue an order, based on the finding, either
49-22 granting or denying the petition filed under Section 36.013 [If the
49-23 commission finds that a district is not feasible and practicable,
49-24 that it would not be a benefit to the land in the district, that it
49-25 would not be a public benefit or utility, or that it is not needed,
49-26 the commission by order shall deny the petition].
50-1 (c) If the commission issues an order denying the petition,
50-2 the commission shall provide the petitioners, in writing, the
50-3 reasons for the action.
50-4 (d) The commission may adjust the boundaries of the proposed
50-5 district to exclude any land that would not be benefited by
50-6 inclusion in the district and is not necessary to the district for
50-7 proper regulation of the groundwater reservoir. In delineating
50-8 district boundaries, the commission shall give preference to
50-9 boundary lines that are coterminous with those of a groundwater
50-10 management area, but may delineate such boundaries along existing
50-11 political subdivision boundaries at the discretion of the
50-12 commission to facilitate district creation and confirmation.
50-13 (e) [(d)] If the commission grants the petition to create
50-14 the district, it shall direct in its order creating the district
50-15 that an election be called by the temporary directors to confirm
50-16 the creation of the district and to elect permanent directors.
50-17 (f) If the petition requests additional terms or conditions
50-18 restricting the powers of the district that are different from the
50-19 terms or conditions provided by this chapter and the commission
50-20 finds that the requested restriction of powers would still allow
50-21 the district to properly manage the groundwater resources within
50-22 the district, the commission may specify in its order creating the
50-23 district the powers provided in this chapter that do not apply to
50-24 the district.
50-25 (g) [(e)] The refusal to grant a petition to create a
50-26 district does not invalidate or affect the designation of any
51-1 management area [requested in the same petition].
51-2 [(f) The commission shall act on the petition within a
51-3 reasonable amount of time.]
51-4 SECTION 2.36. Subsection (a), Section 36.0151, Water Code,
51-5 is amended to read as follows:
51-6 (a) If the commission is required to create [proposes that]
51-7 a district [be created] under Section 35.012(b) [35.012(d)], it
51-8 shall, without an evidentiary hearing, issue an order creating the
51-9 district and shall provide in its order [creating the district
51-10 provide] that temporary directors be appointed under Section 36.016
51-11 and that an election be called by the temporary directors to
51-12 authorize the district to assess taxes [confirm the creation of the
51-13 district] and to elect permanent directors.
51-14 SECTION 2.37. The section heading and Subsections (a) and
51-15 (d), Section 36.017, Water Code, are amended to read as follows:
51-16 Sec. 36.017. CONFIRMATION AND DIRECTORS' ELECTION FOR
51-17 DISTRICT IN A MANAGEMENT AREA. (a) For a district created under
51-18 Section 36.015, not [Not] later than the 120th [60th] day after the
51-19 date all temporary directors have been appointed and have
51-20 qualified, the temporary directors shall meet and order an election
51-21 to be held within the boundaries of the proposed district to
51-22 approve the creation of the district and to elect permanent
51-23 directors.
51-24 (d) The ballot for the election must be printed to provide
51-25 for voting for or against the proposition: "The creation of the
51-26 ____________ Groundwater Conservation District." If the district
52-1 levies a maintenance tax for payment of its expenses, then an
52-2 additional [the] proposition shall be included with [include] the
52-3 following language: "The [and the] levy of a maintenance tax at a
52-4 rate not to exceed ______ cents for each $100 of assessed
52-5 valuation."
52-6 SECTION 2.38. Subchapter B, Chapter 36, Water Code, is
52-7 amended by adding Section 36.0171 to read as follows:
52-8 Sec. 36.0171. TAX AUTHORITY AND DIRECTORS' ELECTION FOR
52-9 DISTRICT IN A PRIORITY GROUNDWATER MANAGEMENT AREA. (a) For a
52-10 district created under Section 36.0151, not later than the 120th
52-11 day after the date all temporary directors have been appointed and
52-12 have qualified, the temporary directors shall meet and order an
52-13 election to be held within the boundaries of the proposed district
52-14 to authorize the district to assess taxes and to elect permanent
52-15 directors.
52-16 (b) In the order calling the election, the temporary
52-17 directors shall designate election precincts and polling places for
52-18 the election. In designating the polling places, the temporary
52-19 directors shall consider the needs of all voters for conveniently
52-20 located polling places.
52-21 (c) The temporary directors shall publish notice of the
52-22 election at least once in at least one newspaper with general
52-23 circulation within the boundaries of the proposed district. The
52-24 notice must be published before the 30th day preceding the date of
52-25 the election.
52-26 (d) The ballot for the election must be printed to provide
53-1 for voting for or against the proposition: "The levy of a
53-2 maintenance tax by the ________________ Groundwater Conservation
53-3 District at a rate not to exceed ______ cents for each $100 of
53-4 assessed valuation."
53-5 (e) Immediately after the election, the presiding judge of
53-6 each polling place shall deliver the returns of the election to the
53-7 temporary board, and the board shall canvass the returns and
53-8 declare the result. The board shall file a copy of the election
53-9 result with the commission.
53-10 (f) If a majority of the votes cast at the election favor
53-11 the levy of a maintenance tax, the temporary board shall declare
53-12 the levy approved and shall enter the result in its minutes.
53-13 (g) If a majority of the votes cast at the election are
53-14 against the levy of a maintenance tax, the temporary board shall
53-15 declare the levy defeated and shall enter the result in its
53-16 minutes.
53-17 (h) If the majority of the votes cast at the election are
53-18 against the levy of a maintenance tax, the district shall set
53-19 permit fees to pay for the district's regulation of groundwater in
53-20 the district, including fees based on the amount of water to be
53-21 withdrawn from a well.
53-22 SECTION 2.39. Section 36.019, Water Code, is amended to read
53-23 as follows:
53-24 Sec. 36.019. CONFIRMATION ELECTION IN DISTRICT INCLUDING
53-25 LAND IN MORE THAN ONE COUNTY. (a) A district, the major portion
53-26 of which is located in one county, may not be organized to include
54-1 land in another county unless the election held in the other county
54-2 to confirm and ratify the creation of the district is approved by a
54-3 majority of the voters of the other county voting in an election
54-4 called for that purpose.
54-5 (b) This section does not apply to districts created under
54-6 Section 36.0151.
54-7 SECTION 2.40. Subsection (g), Section 36.066, Water Code, is
54-8 amended to read as follows:
54-9 (g) If the district prevails in any suit other than a suit
54-10 in which it voluntarily intervenes, the district may seek and the
54-11 court shall grant [it may], in the same action, recovery [recover
54-12 reasonable fees] for attorney's fees [attorneys], costs for expert
54-13 witnesses, and other costs incurred by the district before the
54-14 court. The amount of the attorney's fees shall be fixed by the
54-15 court.
54-16 SECTION 2.41. Subsection (a), Section 36.101, Water Code, is
54-17 amended to read as follows:
54-18 (a) A district may make and enforce rules, including rules
54-19 limiting groundwater production based on tract size or the spacing
54-20 of wells, to provide for conserving, preserving, protecting, and
54-21 recharging of the groundwater or of a groundwater reservoir or its
54-22 subdivisions in order to control subsidence or prevent waste of
54-23 groundwater and to carry out the powers and duties provided by this
54-24 chapter.
54-25 SECTION 2.42. Subsections (b) and (d), Section 36.102, Water
54-26 Code, are amended to read as follows:
55-1 (b) The board by rule may set reasonable civil penalties for
55-2 breach of any rule of the district [that shall] not to exceed
55-3 $5,000 per day per violation, and each day of a continuing
55-4 violation constitutes a separate violation. In addition to this
55-5 penalty or any other penalty provided by law, the district may seek
55-6 and the court shall grant a penalty equal to 115 percent of the
55-7 economic benefit gained from the violation [the jurisdiction of a
55-8 justice court as provided by Section 27.031, Government Code].
55-9 (d) If the district prevails in any suit to enforce its
55-10 rules, the district may seek and the court shall grant [it may], in
55-11 the same action, recovery [recover reasonable fees] for attorney's
55-12 fees [attorneys], costs for expert witnesses, and other costs
55-13 incurred by the district before the court. The amount of the
55-14 attorney's fees shall be fixed by the court.
55-15 SECTION 2.43. Section 36.1071, Water Code, is amended by
55-16 amending Subsections (a), (b), and (e) and adding Subsection (h) to
55-17 read as follows:
55-18 (a) Following notice and hearing, the district shall, in
55-19 coordination with surface water management entities on a regional
55-20 basis, develop a comprehensive management plan which addresses the
55-21 following management goals, as applicable:
55-22 (1) providing the most efficient use of groundwater
55-23 including conservation;
55-24 (2) controlling and preventing waste of groundwater;
55-25 (3) controlling and preventing subsidence;
55-26 (4) addressing conjunctive surface water management
56-1 issues; [and]
56-2 (5) addressing natural resource issues; and
56-3 (6) addressing drought conditions[A] district management plan,
56-5 or any amendments to a district management plan, [adopted after the
56-6 Texas Water Development Board approval of a regional water plan for
56-7 the region in which the district is located] shall be consistent
56-8 with the state [regional] water plan.
56-9 (e) In the management plan described under Subsection (a),
56-10 the district shall:
56-11 (1) identify the performance standards and management
56-12 objectives under which the district will operate to achieve the
56-13 management goals identified under Subsection (a);
56-14 (2) specify, in as much detail as possible, the
56-15 actions, procedures, performance, and avoidance that are or may be
56-16 necessary to effect the plan, including specifications and proposed
56-17 rules;
56-18 (3) include estimates of the following:
56-19 (A) the existing total usable amount of
56-20 groundwater in the district;
56-21 (B) the amount of groundwater being used within
56-22 the district on an annual basis;
56-23 (C) the annual amount of recharge, if any, to
56-24 the groundwater resources within the district and how natural or
56-25 artificial recharge may be increased; [and]
56-26 (D) the projected surface water supply and
57-1 demand for water within the district; and
57-2 (E) the groundwater withdrawal rates based on
57-3 groundwater management standards adopted under Subdivision (5)
57-4 using groundwater availability modeling information as provided by
57-5 the executive administrator;
57-6 (4) address water supply needs in a manner that is not
57-7 in conflict with the appropriate approved regional water plan if a
57-8 regional water plan has been approved under Section 16.053; and
57-9 (5) adopt the groundwater management standard for each
57-10 source of groundwater in the district as provided by Subsection
57-11 (h).
57-12 (h) The groundwater management standard shall describe the
57-13 desired condition of the groundwater source as indicated by indices
57-14 of quantity of water in the source, quality of water produced from
57-15 the source, and subsidence of the land surface for various periods
57-16 throughout the time period covered by the plan.
57-17 SECTION 2.44. Section 36.108, Water Code, is amended to read
57-18 as follows:
57-19 Sec. 36.108. JOINT PLANNING IN MANAGEMENT AREA. (a) If two
57-20 or more districts are located within the boundaries of the same
57-21 management area, each district shall prepare a comprehensive
57-22 management plan as required by Section 36.1071 covering that
57-23 district's respective territory. On completion and certification
57-24 of the plan as required by Section 36.1072, each district shall
57-25 forward a copy of the new or revised management plan to the other
57-26 districts in the management area. The boards of the districts
58-1 shall consider the plans individually and shall compare them to
58-2 other management plans then in force in the management area.
58-3 (b) The board of directors of each district in the
58-4 management area may, by resolution, call for [a] joint planning
58-5 [meeting] with [the boards of directors of] the other districts in
58-6 the management area to review the management plans and
58-7 accomplishments for the management area. [The boards shall meet to
58-8 consider the plans individually and shall compare them to other
58-9 management plans then in force in the management area.] In
58-10 reviewing the management plans, the boards shall consider:
58-11 (1) the goals of each management plan and its impact
58-12 on planning throughout the management area;
58-13 (2) the effectiveness of the measures established by
58-14 each management plan for conserving and protecting groundwater and
58-15 preventing waste, and the effectiveness of these measures in the
58-16 management area generally; and
58-17 (3) any other matters that the boards consider
58-18 relevant to the protection and conservation of groundwater and the
58-19 prevention of waste in the management area.
58-20 (c) If a [A] joint meeting of the boards of directors is
58-21 called, the meeting must be held in accordance with [the Open
58-22 Meetings Act,] Chapter 551, Government Code. Notice of the meeting
58-23 shall be given in accordance with the requirements for notice of
58-24 district board of directors meetings under that Act. In addition,
58-25 notice of the meeting shall be published not later than the 30th
58-26 day before the date of the scheduled meeting in a newspaper with
59-1 general circulation in each county in the management area.
59-2 (d) A district in the management area may file with good
59-3 cause a petition with the commission requesting an inquiry if the
59-4 petitioner district adopted a resolution calling for joint
59-5 planning, and the other district or districts either refused to
59-6 join in the planning process or the process failed to result in
59-7 adequate planning, and the petition provides evidence [believes]
59-8 that:
59-9 (1) another district in the management area has failed
59-10 to adopt rules;
59-11 (2) the groundwater in the management area is not
59-12 adequately protected by the rules adopted by another district; [or]
59-13 (3) the groundwater in the management area is not
59-14 adequately protected due to the failure of another district to
59-15 enforce substantial compliance with its rules; or
59-16 (4) the depletion rate in an aquifer exceeds the rate
59-17 of depletion projected in the adopted regional water plan or in the
59-18 districts' management plans[The] commission shall [may] appoint a review panel consisting
60-2 of a chairman and four other members. A director or general
60-3 manager of a district located outside the management area that is
60-4 the subject of the petition may be appointed to the review panel.
60-5 The commission may not appoint more than two members of the review
60-6 panel from any one district. The commission also shall appoint a
60-7 disinterested person to serve as a nonvoting recording secretary
60-8 for the review panel. The recording secretary may be an employee
60-9 of the commission. The recording secretary shall record and
60-10 document the proceedings of the panel.
60-11 (g) Not later than the 120th day after appointment, the
60-12 review panel shall review the petition and any evidence relevant to
60-13 the petition and, in a public meeting, consider and adopt [prepare]
60-14 a report to be submitted to the commission. The commission may
60-15 direct the review panel to conduct public hearings at a location in
60-16 the management area to take evidence on the petition. The review
60-17 panel may attempt to negotiate a settlement or resolve the dispute
60-18 by any lawful means.
60-19 (h) In its report, the review panel shall include:
60-20 (1) a summary of all evidence taken in any hearing on
60-21 the petition;
60-22 (2) a list of findings and recommended actions
60-23 appropriate for the commission to take and the reasons it finds
60-24 those actions appropriate; and
60-25 (3) any other information the panel considers
60-26 appropriate.
61-1 (i) The review panel shall submit its report to the
61-2 commission.
61-3 (j) Districts located within the same management areas or in
61-4 adjacent management areas may contract to jointly conduct studies
61-5 or research, or to construct projects, under terms and conditions
61-6 that the districts consider beneficial. Such joint efforts may
61-7 include studies of groundwater availability and quality, aquifer
61-8 modeling, and the interaction of groundwater and surface water;
61-9 educational programs; the purchase and sharing of equipment; and
61-10 the implementation of projects to make groundwater available to
61-11 users in the districts, including aquifer recharge, brush control,
61-12 weather modification, desalination, regionalization, and treatment
61-13 or conveyance facilities. The districts may contract under their
61-14 existing authorizations including those of Chapter 791, Government
61-15 Code, provided, however, that their contracting authority is not
61-16 limited by Sections 791.011(c)(2) and 791.011(d)(3) and Section
61-17 791.014, Government Code.
61-18 SECTION 2.45. Section 36.116, Water Code, is amended to read
61-19 as follows:
61-20 Sec. 36.116. REGULATION OF SPACING AND PRODUCTION. In order
61-21 to minimize as far as practicable the drawdown of the water table
61-22 or the reduction of artesian pressure, to control subsidence, to
61-23 prevent interference between wells, to prevent degradation of water
61-24 quality, or to prevent waste, a district by rule may regulate:
61-25 (1) [provide for] the spacing of water wells by:
61-26 (A) requiring all water wells to be spaced a
62-1 certain distance from property lines or adjoining wells;
62-2 (B) requiring wells with a certain production
62-3 capacity, pump size, or other characteristic related to the
62-4 construction or operation of a well to be spaced a certain distance
62-5 from property lines or adjoining wells; or
62-6 (C) imposing spacing requirements adopted by the
62-7 board; and
62-8 (2) the production of groundwater by:
62-9 (A) limiting total annual production;
62-10 (B) limiting the amount of water produced based
62-11 on acreage or tract size;
62-12 (C) limiting the amount of water that may be
62-13 produced from a maximum number of acres assigned by the district to
62-14 an authorized well site;
62-15 (D) limiting the maximum amount of water that
62-16 may be produced from a number of acres assigned by a district on
62-17 the basis of acre-feet per acre or gallons per minute per acre for
62-18 an authorized well site; or
62-19 (E) setting other production limits adopted by
62-20 the district [and may regulate the production of wells].
62-21 SECTION 2.46. Section 36.122, Water Code, is amended to read
62-22 as follows:
62-23 Sec. 36.122. TRANSFER OF GROUNDWATER OUT OF DISTRICT.
62-24 (a) If a permit or an amendment to a permit under Section 36.113
62-25 proposes to transfer groundwater outside of a district's
62-26 boundaries, the district may also consider the provisions of this
63-1 section in determining whether to grant or deny the permit.
63-2 (b) A district may promulgate rules requiring a person to
63-3 obtain a permit or an amendment to a permit under Section 36.113
63-4 from the district for the transfer of groundwater out of the
63-5 district to:
63-6 (1) increase, on or after March 2, 1997, the amount of
63-7 groundwater to be transferred under a continuing arrangement in
63-8 effect before that date; or
63-9 (2) transfer groundwater out of the district on or
63-10 after March 2, 1997, under a new arrangement.
63-11 (c) The district may not impose more restrictive permit
63-12 conditions on transporters than the district imposes on existing
63-13 in-district use.
63-14 (d) [(b)] The district may impose a reasonable fee for
63-15 processing an application [for a permit] under this section. The
63-16 fee may not exceed fees that the district imposes for processing
63-17 other applications under Section 36.113. An application filed to
63-18 comply with this section shall be considered and processed under
63-19 the same procedures as other applications for permits under Section
63-20 36.113 and shall be combined with applications filed to obtain a
63-21 permit for in-district water use under Section 36.113 from the same
63-22 applicant.
63-23 (e) The district may impose a reasonable fee or surcharge
63-24 for an export fee not to exceed:
63-25 (1) a fee negotiated between the district and the
63-26 transporter;
64-1 (2) the equivalent of the district's tax rate per
64-2 hundred dollars of valuation for each thousand gallons of water
64-3 transferred out of the district or 2.5 cents per thousand gallons
64-4 of water, if the district assesses a tax rate of less than 2.5
64-5 cents per hundred dollars of valuation; or
64-6 (3) for a fee-based district, an additional 50 percent
64-7 export surcharge, in addition to the district's production fee, for
64-8 water transferred out of the district.
64-9 (f) A district may not impose a fee under Subsection (e) on
64-10 withdrawal of water from land owned prior to March 1, 2001, by a
64-11 political subdivision if the political subdivision pays a tax
64-12 mitigation fee under Section 36.206(c)
64-13 [(c) Before issuing a permit under this section, the
64-14 district must give notice of the application and hold a public
64-15 hearing.]
64-16 [(d) In determining whether to issue a permit under this
64-17 section, the district shall consider:]
64-18 [(1) the availability of water in the district and in
64-19 the proposed receiving area during the period for which the water
64-20 supply is requested;]
64-21 [(2) the availability of feasible and practicable
64-22 alternative supplies to the applicant;]
64-23 [(3) the amount and purposes of use in the proposed
64-24 receiving area for which water is needed;]
64-25 [(4) the projected effect of the proposed transfer on
64-26 aquifer conditions, depletion, subsidence, or effects on existing
65-1 permit holders or other groundwater users within the district; and]
65-2 [(5) the approved regional water plan and certified
65-3 district management plan].
65-4 (g) [(e)] The district may not deny a permit based on the
65-5 fact that the applicant seeks to transfer groundwater outside of
65-6 the district [limit a permit issued under this section if
65-7 conditions in Subsection (d) warrant the limitation].
65-8 (h) [(f)] In addition to conditions provided by Section
65-9 36.1131, the permit shall specify:
65-10 (1) the amount of water that may be transferred out of
65-11 the district; and
65-12 (2) the period for which the water may be transferred.
65-13 (i) The period specified by Subsection (h)(2) shall be:
65-14 (1) five years if construction of a conveyance system
65-15 has not been initiated prior to the issuance of the permit; or
65-16 (2) 30 years if construction of a conveyance system
65-17 has been initiated prior to the issuance of the permit.
65-18 (j) A term of five years under Subsection (i) shall
65-19 automatically be extended to 30 years if construction of a
65-20 conveyance system is begun before the expiration of the initial
65-21 five-year term.
65-22 (k) In its determination of whether to renew a permit issued
65-23 under this section, the district shall consider relevant and
65-24 current data for the conservation of groundwater resources and
65-25 shall consider the permit in the same manner it would consider any
65-26 other permit in the district.
66-1 (l) A district is prohibited from using revenues obtained
66-2 under Subsection (e) to prohibit the transfer of groundwater
66-3 outside of a district.
66-4 (m) A district that charges a fee under Subsection (e) shall
66-5 provide 50 percent of any revenues resulting from such fee to the
66-6 water infrastructure fund annually beginning September 1, 2002.
66-7 (n) [(g) A district may not prohibit the export of
66-8 groundwater if the purchase was in effect on or before June 1,
66-9 1997.]
66-10 [(h)] This section applies only to a transfer of water that
66-11 is initiated or increased after March 1, 2001 [the effective date
66-12 of this section].
66-13 (o) [(i)] A district shall adopt rules as necessary to
66-14 implement this section.
66-15 SECTION 2.47. Section 36.206, Water Code, is amended by
66-16 adding Subsection (c) to read as follows:
66-17 (c) Political subdivisions that own property that is
66-18 suitable for groundwater development shall annually pay a district
66-19 in which the property is located a fee that is equal to the taxes
66-20 that would be paid to the district if the land were not owned by a
66-21 political subdivision.
66-22 SECTION 2.48. Subchapter I, Chapter 36, Water Code, is
66-23 amended by adding Section 36.3011 to read as follows:
66-24 Sec. 36.3011. FAILURE OF A DISTRICT TO CONDUCT JOINT
66-25 PLANNING. (a) If the board of a district within a common
66-26 management area fails to forward a copy of its new or revised
67-1 certified management plan under Section 36.108, the commission
67-2 shall take appropriate action under Section 36.303.
67-3 (b) Within 45 days after receiving the review panel's report
67-4 under Section 36.108, the executive director or the commission
67-5 shall take action to implement any or all of the panel's
67-6 recommendations. If the commission finds that a district in the
67-7 joint planning area has failed to adopt rules, the groundwater in
67-8 the management area is not adequately protected by the rules
67-9 adopted by the district, or the groundwater in the management area
67-10 is not adequately protected because of the district's failure to
67-11 enforce substantial compliance with its rules, the commission may
67-12 take any action it considers necessary in accordance with Section
67-13 36.303.
67-14 SECTION 2.49. Subsection (a), Section 36.303, Water Code, is
67-15 amended to read as follows:
67-16 (a) If Section 36.108, 36.301, or 36.302(f) applies, the
67-17 commission, after notice and hearing in accordance with Chapter
67-18 2001, Government Code, shall take action the commission considers
67-19 appropriate, including:
67-20 (1) issuing an order requiring the district to take
67-21 certain actions or to refrain from taking certain actions;
67-22 (2) dissolving the board in accordance with Sections
67-23 36.305 and 36.307 and calling an election for the purpose of
67-24 electing a new board;
67-25 (3) requesting the attorney general to bring suit for
67-26 the appointment of a receiver to collect the assets and carry on
68-1 the business of the groundwater conservation district [removing the
68-2 district's taxing authority]; or
68-3 (4) dissolving the district in accordance with
68-4 Sections 36.304, 36.305, and 36.308.
68-5 SECTION 2.50. Subchapter I, Chapter 36, Water Code, is
68-6 amended by adding Section 36.3035 to read as follows:
68-7 Sec. 36.3035. APPOINTMENT OF A RECEIVER. (a) If the
68-8 attorney general brings a suit for the appointment of a receiver
68-9 for a district, a district court shall appoint a receiver if an
68-10 appointment is necessary to protect the assets of the district.
68-11 (b) The receiver shall execute a bond in an amount to be set
68-12 by the court to ensure the proper performance of the receiver's
68-13 duties.
68-14 (c) After appointment and execution of bond, the receiver
68-15 shall take possession of the assets of the district specified by
68-16 the court.
68-17 (d) Until discharged by the court, the receiver shall
68-18 perform the duties that the court directs to preserve the assets
68-19 and carry on the business of the district and shall strictly
68-20 observe the final order involved.
68-21 (e) On a showing of good cause by the district, the court
68-22 may dissolve the receivership and order the assets and control of
68-23 the business returned to the district.
68-24 SECTION 2.51. Section 51.149, Water Code, is amended to read
68-25 as follows:
68-26 Sec. 51.149. CONTRACTS. (a) No approvals other than those
69-1 specified in Subsection (c) and in Section 1, Chapter 778, Acts of
69-2 the 74th Legislature, Regular Session, 1995, need be obtained in
69-3 order for a contract between a district and a municipality to be
69-4 valid, binding, and enforceable against all parties to the
69-5 contract. After approval by a majority of the electors voting at
69-6 an election conducted in the manner of a bond election, a district
69-7 may make payments under a contract from taxes for debt that does
69-8 not exceed 30 years.
69-9 (b) [(d)] A contract may provide that the district will make
69-10 payments under the contract from proceeds from the sale of notes or
69-11 bonds, from taxes, from any other income of the district, or from
69-12 any combination of these.
69-13 (c) [(e)] A district may make payments under a contract from
69-14 taxes, other than maintenance taxes, after the provisions of the
69-15 contract have been approved by a majority of the electors voting at
69-16 an election held for that purpose.
69-17 (d) [(f)] Any contract election may be held at the same time
69-18 as and in conjunction with an election to issue bonds, and the
69-19 procedure for calling the election, giving notice, conducting the
69-20 election, and canvassing the returns shall be the same as the
69-21 procedure for a bond election.
69-22 ARTICLE 3. DISTRICT RATIFICATIONS
69-23 PART 1. COW CREEK GROUNDWATER CONSERVATION DISTRICT
69-24 SECTION 3.101. CREATION. (a) A groundwater conservation
69-25 district to be known as the Cow Creek Groundwater Conservation
69-26 District is created in Kendall County, subject to approval at a
70-1 confirmation election under Section 3.109 of this part. The
70-2 district is a governmental agency and a body politic and corporate.
70-3 (b) The district is created under and is essential to
70-4 accomplish the purposes of Section 59, Article XVI, Texas
70-5 Constitution.
70-6 (c) The district may develop and implement regulatory,
70-7 conservation, and recharge programs that preserve and protect
70-8 groundwater resources located in the district.
70-9 SECTION 3.102. DEFINITIONS. In this part:
70-10 (1) "District" means the Cow Creek Groundwater
70-11 Conservation District.
70-12 (2) "Retail public utility" means a retail public
70-13 utility as defined by Section 13.002, Water Code, that is providing
70-14 service in the district on September 1, 2001.
70-15 (3) "Well" means any excavation drilled or dug into
70-16 the ground that may intercept or penetrate a water-bearing stratum
70-17 or formation.
70-18 SECTION 3.103. BOUNDARIES. The boundaries of the district
70-19 are coextensive with the boundaries of Kendall County.
70-20 SECTION 3.104. FINDING OF BENEFIT. All of the land and
70-21 other property included within the boundaries of the district will
70-22 benefit from the works and projects that are to be accomplished by
70-23 the district under powers conferred by Section 59, Article XVI,
70-24 Texas Constitution. The district is created to serve a public use
70-25 and benefit.
70-26 SECTION 3.105. POWERS. Except as otherwise provided by this
71-1 part, the district has all of the rights, powers, privileges,
71-2 authority, functions, and duties provided by the general law of the
71-3 state, including Chapter 36, Water Code, applicable to groundwater
71-4 conservation districts created under Section 59, Article XVI, Texas
71-5 Constitution. This part prevails over any provision of general law
71-6 that is in conflict or inconsistent with this part.
71-7 SECTION 3.106. ELECTION OF DIRECTORS. (a) The directors of
71-8 the district shall be elected according to the commissioners
71-9 precinct method as provided by this part.
71-10 (b) One director shall be elected by the qualified voters of
71-11 the entire district and one director shall be elected from each
71-12 county commissioners precinct by the qualified voters of that
71-13 precinct.
71-14 (c) A person shall indicate on the application for a place
71-15 on the ballot the precinct that the person seeks to represent or
71-16 that the person seeks to represent the district at large.
71-17 SECTION 3.107. BOARD OF DIRECTORS. (a) The district is
71-18 governed by a board of five directors.
71-19 (b) A vacancy in the office of director shall be filled by
71-20 appointment of the board until the next election for directors. At
71-21 the next election for directors, a person shall be elected to fill
71-22 the position. If the position is not scheduled to be filled at the
71-23 election, the person elected to fill the position shall serve only
71-24 for the remainder of the unexpired term.
71-25 (c) To be eligible to serve as director from a county
71-26 commissioners precinct, a person must be a registered voter in the
72-1 precinct from which the person is elected or appointed. To be
72-2 eligible to serve as director at large, a person must be a
72-3 registered voter in the district.
72-4 SECTION 3.108. TEMPORARY DIRECTORS. (a) The temporary
72-5 board of directors shall be appointed by the county commissioners
72-6 court. A temporary director will be appointed from each
72-7 commissioners precinct, and one temporary director will be a
72-8 director at large.
72-9 (b) If a temporary director fails to qualify for office, the
72-10 temporary directors who have qualified shall appoint a person to
72-11 fill the vacancy. If at any time there are fewer than three
72-12 qualified temporary directors, the Texas Natural Resource
72-13 Conservation Commission shall appoint the necessary number of
72-14 persons to fill all vacancies on the board.
72-15 SECTION 3.109. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
72-16 (a) The temporary board of directors shall call and hold an
72-17 election to confirm establishment of the district and to elect five
72-18 initial directors.
72-19 (b) Section 41.001(a), Election Code, does not apply to a
72-20 confirmation and initial directors election held as provided by
72-21 this section.
72-22 (c) If a majority of the votes cast at the election favor
72-23 the creation of the district, the temporary directors shall declare
72-24 the district created. If a majority of the votes cast at the
72-25 election are against the creation of the district, the temporary
72-26 directors shall declare the district defeated. The temporary
73-1 directors shall file a copy of the election results with the Texas
73-2 Natural Resource Conservation Commission.
73-3 (d) If a majority of the votes cast at the election are
73-4 against the creation of the district, the temporary directors may
73-5 call and hold subsequent elections to confirm establishment of the
73-6 district and to elect initial directors. A subsequent election may
73-7 not be held earlier than the first anniversary of the date on which
73-8 the previous election was held. If the district is not created
73-9 before September 1, 2006, this part expires on that date.
73-10 (e) Section 36.017(a), Water Code, does not apply to the
73-11 district.
73-12 (f) Except as provided by this section, a confirmation and
73-13 directors election must be conducted as provided by Sections
73-14 36.017(b)-(h), Water Code, and the Election Code.
73-15 SECTION 3.110. INITIAL DIRECTORS. (a) A person who wishes
73-16 to be a candidate for the office of initial director may file an
73-17 application with the temporary board of directors to have the
73-18 candidate's name printed on the ballot as provided by Section 3.106
73-19 of this part.
73-20 (b) At the confirmation and initial directors election, the
73-21 temporary board of directors shall have the names of the five
73-22 persons serving as temporary directors placed on the ballot by
73-23 commissioners precinct and as at-large director, together with the
73-24 name of any candidate filing for the office of director as provided
73-25 by this section.
73-26 (c) If the district is created at the election, the
74-1 temporary directors, at the time the vote is canvassed, shall
74-2 declare the candidate receiving the most votes for each
74-3 commissioners precinct or for the at-large director to be elected
74-4 as the initial directors.
74-5 (d) The initial directors for Precincts 2 and 3 shall serve
74-6 as initial directors until the first regular meeting of the board
74-7 of directors held after the first permanent directors election
74-8 under Section 3.112 of this part. The initial directors for
74-9 Precincts 1 and 4 and the initial director representing the
74-10 district at large shall serve as initial directors until the first
74-11 regular meeting of the board of directors held after the second
74-12 permanent directors election under Section 3.112 of this part.
74-13 SECTION 3.111. SERVICE OF DIRECTORS. (a) Temporary
74-14 directors serve until the temporary directors become initial
74-15 directors under Section 3.110 of this part or until this part
74-16 expires under Section 3.109, whichever occurs earlier.
74-17 (b) Initial directors serve until permanent directors are
74-18 elected under Section 3.112 of this part.
74-19 (c) Permanent directors serve staggered four-year terms.
74-20 (d) A director serves until the director's successor has
74-21 qualified.
74-22 (e) Each director must qualify to serve as director in the
74-23 manner provided by Section 36.055, Water Code.
74-24 SECTION 3.112. ELECTION OF PERMANENT DIRECTORS. Beginning
74-25 in the second year after the year in which the district is
74-26 authorized to be created at a confirmation election, an election
75-1 shall be held in the district on the first Saturday in May every
75-2 two years to elect the appropriate number of directors to the
75-3 board.
75-4 SECTION 3.113. ADDITIONAL AUTHORITY. (a) The district may
75-5 contract with one or more state agencies or other governmental
75-6 bodies, including a county, a river authority, or another district,
75-7 to carry out any function of the district.
75-8 (b) The district may require a drilling permit before a new
75-9 well is drilled or an existing well is substantially altered.
75-10 Notwithstanding an exemption for a well under Section 36.117, Water
75-11 Code, written authorization granted by the district must be
75-12 received before a new well is drilled or an existing well is
75-13 substantially altered.
75-14 (c) The district may participate in the construction,
75-15 implementation, and maintenance of best management practices for
75-16 water resource management in the district and may engage in and
75-17 promote the acceptance of best management practices through
75-18 education efforts sponsored by the district. Construction,
75-19 implementation, and maintenance of best management practices must
75-20 address water quantity and quality practices such as brush
75-21 management, prescribed grazing, recharge structures, water and silt
75-22 detention and retention structures, plugging of abandoned wells,
75-23 rainwater harvesting, and other treatment measures for the
75-24 conservation of water resources.
75-25 (d) Reasonable fees, as determined by the district, may be
75-26 imposed on an annual basis on each nonexempt well. The district
76-1 shall adopt any rules necessary for the assessment and collection
76-2 of fees under this subsection.
76-3 (e) The district may use money collected from fees:
76-4 (1) in any manner necessary for the management and
76-5 operation of the district;
76-6 (2) to pay all or part of the principal of and
76-7 interest on district bonds or notes; and
76-8 (3) for any purpose consistent with the district's
76-9 certified water management plan.
76-10 (f) The district shall grant an exemption or other relief
76-11 from ad valorem taxes on property on which a water conservation
76-12 initiative has been implemented. The district shall adopt rules to
76-13 implement this subsection. A retail public utility shall receive
76-14 the same exemption or relief from ad valorem taxes on property as
76-15 any other customer of the district would receive.
76-16 (g) As a water conservation initiative to encourage retail
76-17 public utilities to obtain water supplies from sources other than
76-18 groundwater, the district shall grant an exemption or other relief
76-19 from ad valorem taxes on property served by a retail public utility
76-20 based on (i) the percentage of potable water supplied within the
76-21 district by the retail public utility from sources other than
76-22 groundwater compared to the total water supplied by the retail
76-23 public utility for the preceding year and (ii) the percentage of
76-24 wastewater effluent produced by the retail public utility that is
76-25 used as reclaimed water within the district compared to the total
76-26 wastewater effluent produced by the retail public utility for the
77-1 preceding year. The district may consider the impact of floods
77-2 and equipment breakage on the retail public utility's ability to
77-3 supply water from sources other than groundwater. The total amount
77-4 of the exemption or other relief from ad valorem taxes shall not
77-5 exceed one half of the tax levied by the district.
77-6 SECTION 3.114. PROHIBITED ACTS. The district may not:
77-7 (1) impose an ad valorem property tax for
77-8 administrative, operation, or maintenance expenses that exceeds the
77-9 lesser of the rate approved by the majority of the qualified voters
77-10 voting in the election authorizing the tax, or three cents per $100
77-11 valuation;
77-12 (2) require the owner of a well used solely for
77-13 domestic or livestock purposes to install a meter or measuring
77-14 device on the well;
77-15 (3) sell, transport, or export groundwater outside the
77-16 district; or
77-17 (4) enter into any contract or engage in any action to
77-18 supply water to any person in the service area of any municipality
77-19 or retail public utility located in the district, except with the
77-20 consent of the municipality or retail public utility.
77-21 SECTION 3.115. VALIDATION. An act or proceeding heretofore
77-22 taken by or on behalf of the district, as created and organized
77-23 under Chapter 1331, Acts of the 76th Legislature, Regular Session,
77-24 1999, is conclusively presumed, as of the date it occurred, to be
77-25 valid and to have occurred in accordance with all applicable laws,
77-26 and all actions are in all things validated, ratified, and
78-1 confirmed in all respects by this part.
78-2 PART 2. CROSSROADS GROUNDWATER CONSERVATION DISTRICT
78-3 SECTION 3.201. RATIFICATION OF CREATION. The creation by
78-4 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
78-5 of the Crossroads Groundwater Conservation District in Victoria
78-6 County is ratified as required by Section 15(a) of that chapter,
78-7 subject to approval at a confirmation election under Section 3.207
78-8 of this part. The district is a governmental agency and a body
78-9 politic and corporate.
78-10 SECTION 3.202. DEFINITIONS. In this part:
78-11 (1) "District" means the Crossroads Groundwater
78-12 Conservation District.
78-13 (2) "Board" means the district's board of directors.
78-14 SECTION 3.203. LEGISLATIVE FINDINGS. The legislature finds
78-15 that:
78-16 (1) the organization of the district is feasible and
78-17 practicable;
78-18 (2) all of the land to be included in, and the
78-19 residents of, the district will benefit from the creation of the
78-20 district;
78-21 (3) there is a public necessity for the district; and
78-22 (4) the creation of the district will provide a
78-23 benefit and utility to the public.
78-24 SECTION 3.204. BOUNDARIES. The district is composed of all
78-25 the territory located within Victoria County.
78-26 SECTION 3.205. APPLICATION OF CHAPTER 36, WATER CODE;
79-1 GENERAL POWERS AND DUTIES. Except to the extent of any conflict
79-2 with this part or as specifically limited by this part, the
79-3 district is governed by and subject to Chapter 36, Water Code, and
79-4 may exercise all of the powers contained in that chapter, including
79-5 the power to issue bonds and levy and collect taxes and the power
79-6 of eminent domain. The district shall exercise all of the duties
79-7 provided by Chapter 36, Water Code.
79-8 SECTION 3.206. TEMPORARY DIRECTORS. (a) On September 1,
79-9 2001, the following persons are designated as temporary directors
79-10 of the district:
79-11 (1) Place 1: Mark Dierlam
79-12 (2) Place 2: Rocky Sanders
79-13 (3) Place 3: S. F. Ruschhaupt, III
79-14 (4) Place 4: Joseph Dial
79-15 (5) Place 5: Stephen Diebel
79-16 (6) Place 6: Jerry James
79-17 (7) Place 7: Denise McCue
79-18 (b) If a temporary director fails to qualify for office or
79-19 if a vacancy occurs in the office of temporary director for any
79-20 reason, the Victoria County Commissioners Court shall appoint
79-21 persons to fill vacancies in Places 1-4 and the city council of the
79-22 City of Victoria shall appoint persons to fill vacancies in Places
79-23 5-7.
79-24 (c) The temporary directors shall select from their members
79-25 persons to serve as chairman, vice-chairman, and secretary.
79-26 (d) The temporary directors shall serve until they shall
80-1 have declared the district created, at which time they become the
80-2 initial directors of the district under Section 3.209 of this part.
80-3 (e) To be qualified to serve as a temporary director, a
80-4 person must be a resident of Victoria County and at least 18 years
80-5 of age.
80-6 SECTION 3.207. CREATION ELECTION. (a) Not later than
80-7 October 1, 2001, and without the necessity of having a petition
80-8 presented, the temporary directors shall meet and shall call an
80-9 election to be held not later than January 1, 2002, within the
80-10 boundaries of the proposed district to approve the creation of the
80-11 district.
80-12 (b) Section 41.001(a), Election Code, does not apply to an
80-13 election called under this section.
80-14 (c) The ballot for the election shall be printed to provide
80-15 for or against the following propositions:
80-16 (1) the creation of the Crossroads Groundwater
80-17 Conservation District in Victoria County; and
80-18 (2) the levy and collection of a property tax in the
80-19 district.
80-20 (d) The temporary board may include other propositions on
80-21 the ballot that it considers necessary.
80-22 (e) If a majority of votes cast at the election favor the
80-23 creation of the district, the temporary directors shall declare the
80-24 district created. If a majority of the votes cast at the election
80-25 are against the creation of the district, the temporary directors
80-26 shall declare the district defeated. The temporary directors shall
81-1 file a copy of the election results with the Texas Natural Resource
81-2 Conservation Commission.
81-3 (f) If the creation of the district is defeated, further
81-4 elections may be called and held after the first anniversary of the
81-5 most recent creation election. If the district is not created by
81-6 September 1, 2006, this part expires.
81-7 SECTION 3.208. INITIAL DIRECTORS. (a) On approval of the
81-8 creation of the district under Section 3.207 of this part, the
81-9 temporary directors become the initial directors of the district
81-10 and shall serve on the board for terms as provided by Subsection
81-11 (b) of this section; provided that within 60 days after the
81-12 creation of the district, the Victoria County Commissioners Court
81-13 may replace any director in Places 1-4 and the city council of the
81-14 City of Victoria may replace any director in Places 5-7.
81-15 (b) The persons serving as directors for Places 1, 3, 5, and
81-16 7 shall serve as directors for four years following the creation of
81-17 the district. The persons serving as directors for Places 2, 4,
81-18 and 6 shall serve as directors for two years following the creation
81-19 of the district.
81-20 (c) If, for any reason, an appointed director is not
81-21 qualified to take office at the first regular meeting of the board
81-22 following his or her appointment, the director for that place shall
81-23 continue to serve until a successor has qualified.
81-24 SECTION 3.209. BOARD OF DIRECTORS. (a) The board of
81-25 directors of the district is composed of seven members.
81-26 (b) The directors shall select from their members persons to
82-1 serve as chairman, vice-chairman, and secretary.
82-2 SECTION 3.210. QUALIFICATIONS OF BOARD MEMBERS. To be
82-3 qualified for appointment as a director, a person must be a
82-4 resident of the district and must be at least 18 years of age.
82-5 SECTION 3.211. TERM OF OFFICE. (a) Except for the
82-6 temporary and initial directors of the district, directors shall
82-7 serve for terms of four years.
82-8 (b) Upon the expiration of the terms of directors or any
82-9 vacancy during a term, the Victoria County Commissioners Court
82-10 shall appoint persons to serve in Places 1-4 and the city council
82-11 of the City of Victoria shall appoint persons to serve in Places
82-12 5-7.
82-13 (c) A vacancy in the office of director shall be filled by
82-14 appointment for the remainder of the term.
82-15 SECTION 3.212. LIMITATION ON TAXATION. The district may not
82-16 impose an ad valorem tax at a rate that exceeds two cents on the
82-17 $100 valuation of taxable property in the district.
82-18 PART 3. HAYS TRINITY GROUNDWATER CONSERVATION DISTRICT
82-19 SECTION 3.301. CREATION AND RATIFICATION. (a) A
82-20 groundwater conservation district to be known as the Hays Trinity
82-21 Groundwater Conservation District created by Chapter 1331, Acts of
82-22 the 76th Legislature, Regular Session, 1999, in a portion of Hays
82-23 County subject to approval at a confirmation election under Section
82-24 10 of that chapter, is affirmed, ratified, and validated by this
82-25 part. The district is a governmental agency and a body politic and
82-26 corporate.
83-1 (b) The district is created under and is essential to
83-2 accomplish the purposes of Section 59, Article XVI, Texas
83-3 Constitution.
83-4 SECTION 3.302. DEFINITION. In this part, "district" means
83-5 the Hays Trinity Groundwater Conservation District.
83-6 SECTION 3.303. BOUNDARIES. The boundaries of the district
83-7 are coextensive with the boundaries of Hays County, save and except
83-8 any areas in Hays County that are currently within another
83-9 groundwater conservation district with the authority to require
83-10 permit for the drilling or alteration of wells for the withdrawal
83-11 of groundwater. Within 30 days of its initial meeting and prior to
83-12 holding any confirmation election, the district shall cause a
83-13 description of its boundaries to be prepared and filed with the
83-14 county clerk of Hays County and the Texas Natural Resource
83-15 Conservation Commission.
83-16 SECTION 3.304. FINDING OF BENEFIT. All of the land and
83-17 other property included within the boundaries of the district will
83-18 benefit from the works and projects that are to be accomplished by
83-19 the district under powers conferred by Section 59, Article XVI,
83-20 Texas Constitution. The district is created to serve a public use
83-21 and benefit.
83-22 SECTION 3.305. POWERS. (a) Except as provided by this
83-23 part, the district has all the rights, powers, privileges,
83-24 authority, functions, and duties provided by the general law of the
83-25 state, including Chapter 36, Water Code, applicable to groundwater
83-26 conservation districts created under Section 59, Article XVI, Texas
84-1 Constitution. Chapter 49, Water Code, does not apply to the
84-2 district. This part prevails over any provision of general law
84-3 that is in conflict or inconsistent with this part.
84-4 (b) The rights, powers, privileges, authority, functions,
84-5 and duties of the district are subject to the continuing right of
84-6 supervision of the state, to be exercised by and through the Texas
84-7 Natural Resources Conservation Commission.
84-8 (c) The district has the power to limit the transfer of
84-9 groundwater out of the district, including the power to prohibit
84-10 the transfer.
84-11 (d) The district does not have authority to enter property
84-12 to inspect an exempt well without the property owner's permission.
84-13 (e) The Hays County Commissioners Court, by resolution, may
84-14 require an election to be conducted within six months to affirm or
84-15 reverse a decision of the board of directors of the district.
84-16 (f) The district shall not have the power to require well
84-17 construction standards for residential wells higher than state
84-18 standards for such wells.
84-19 SECTION 3.306. EXEMPTIONS. (a) The following wells are
84-20 exempt from Chapter 36, Water Code, rules and shall not be
84-21 regulated, permitted, or metered by the district:
84-22 (1) a well used to satisfy the domestic needs of a
84-23 single private residential household and producing less than 25,000
84-24 gallons per day; and
84-25 (2) a well used for conventional farming and ranching
84-26 activities, not to include intensive operations such as
85-1 aquaculture, livestock feedlots, and poultry operations.
85-2 (b) A well used for conventional farming and ranching
85-3 activities, excluding intensive operations such as aquaculture,
85-4 livestock feedlots, and poultry operations, is not required to
85-5 obtain construction authorization.
85-6 SECTION 3.307. FISCAL RESPONSIBILITIES. (a) The district
85-7 shall each year cause a budget to be prepared showing the proposed
85-8 expenditures and disbursements and the estimated receipts and
85-9 collections for the following fiscal year and shall hold a public
85-10 hearing on the proposed budget after publication of a notice of
85-11 hearing in a newspaper of general circulation in the county at
85-12 least once not less than 10 days prior to the date set for the
85-13 hearing. Any person who is a taxpayer of the district shall have
85-14 the right to appear at the time and place designated in the notice
85-15 and be heard with reference to any item shown in the proposed
85-16 budget. The proposed budget shall also show the amount of revenues
85-17 expected to be collected during that fiscal year.
85-18 (b) At the written request of the Hays County Commissioners
85-19 Court, the county auditor shall audit the performance of the
85-20 district. The court may request a general audit of the performance
85-21 of the district or may request an audit of only one or more
85-22 particular duties, practices, functions, or other district matters.
85-23 SECTION 3.308. BOARD OF DIRECTORS. (a) The district is
85-24 governed by a board of five elected directors.
85-25 (b) Directors must reside in or own real property in the
85-26 district.
86-1 (c) Each director must qualify to serve as director in the
86-2 manner provided by Section 36.055, Water Code.
86-3 (d) Directors other than initial directors serve staggered
86-4 two-year terms.
86-5 (e) A director serves until the director's successor has
86-6 qualified.
86-7 (f) If there is a vacancy on the board, the Hays County
86-8 Commissioners Court shall appoint a director to serve the remainder
86-9 of the term.
86-10 (g) The Hays County Commissioners Court shall appoint a
86-11 director to succeed a director on or before the date the director's
86-12 term expires.
86-13 (h) A director may not receive a salary or other
86-14 compensation for service as a director but may be reimbursed for
86-15 actual expenses of attending meetings at the rate in effect for
86-16 employees of Hays County.
86-17 SECTION 3.309. APPOINTMENT AND TERMS OF INITIAL DIRECTORS.
86-18 Not later than October 1, 2001, the Hays County Commissioners Court
86-19 shall appoint:
86-20 (1) two directors to serve terms expiring February 1,
86-21 2002;
86-22 (2) two directors to serve terms expiring February 1,
86-23 2003; and
86-24 (3) one director to serve a term expiring February 1,
86-25 2004.
86-26 SECTION 3.310. CONFIRMATION ELECTION. (a) The initial
87-1 board of directors shall call and hold an election to confirm
87-2 establishment of the district not later than September 1, 2001.
87-3 (b) Section 41.001(a), Election Code, does not apply to a
87-4 confirmation election held as provided by this section.
87-5 (c) Except as provided by this section, a confirmation
87-6 election must be conducted as provided by Sections 36.017(b)-(h),
87-7 Water Code, and the Election Code.
87-8 (d) If the establishment of the district has not been
87-9 confirmed at an election held under this section before
87-10 September 1, 2003, this part expires on that date.
87-11 SECTION 3.311. FUNDING AUTHORITY. (a) The district may
87-12 levy or collect a fee, not to exceed $300, for construction
87-13 authorization for new wells completed after September 1, 2001,
87-14 except as prohibited by Section 3.306(b).
87-15 (b) The district may levy or collect a water utility service
87-16 connection fee, not to exceed $300, for all new water service
87-17 connections made after September 1, 2001. This fee may not be
87-18 charged on connection fees to a water utility that has surface
87-19 water as its sole source of water.
87-20 PART 4. MIDDLE PECOS GROUNDWATER CONSERVATION DISTRICT
87-21 SECTION 3.401. RATIFICATION OF CREATION. The creation by
87-22 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
87-23 of the Middle Pecos Groundwater Conservation District in Pecos
87-24 County is ratified, as required by Section 15(a) of that chapter,
87-25 subject to approval at a confirmation election under Section 3.407
87-26 of this part.
88-1 SECTION 3.402. DEFINITION. In this part, "district" means
88-2 the Middle Pecos Groundwater Conservation District.
88-3 SECTION 3.403. BOUNDARIES. The boundaries of the district
88-4 are coextensive with the boundaries of Pecos County.
88-5 SECTION 3.404. GENERAL POWERS. (a) The district has all of
88-6 the rights, powers, privileges, authority, functions, and duties
88-7 provided by the general law of this state, including Chapter 36,
88-8 Water Code, applicable to groundwater conservation districts
88-9 created under Section 59, Article XVI, Texas Constitution. This
88-10 part prevails over any provision of general law that is in conflict
88-11 or inconsistent with this part, including any provision of Chapter
88-12 1331, Acts of the 76th Legislature, Regular Session, 1999.
88-13 (b) Notwithstanding Subsection (a) of this section, the
88-14 following provisions prevail over a conflicting or inconsistent
88-15 provision of this part:
88-16 (1) Sections 36.1071-36.108, Water Code;
88-17 (2) Sections 36.159-36.161, Water Code; and
88-18 (3) Subchapter I, Chapter 36, Water Code.
88-19 (c) Section 36.121, Water Code, does not apply to the
88-20 district.
88-21 (d) The district may restrict or prohibit the transfer of
88-22 groundwater from the district.
88-23 (e) The rights, powers, privileges, authority, functions,
88-24 and duties of the district are not subject to the continuing right
88-25 of supervision of the state through the Texas Natural Resource
88-26 Conservation Commission.
89-1 SECTION 3.405. BOARD OF DIRECTORS. (a) The district is
89-2 governed by a board of 11 directors.
89-3 (b) Temporary directors serve until initial directors are
89-4 elected under Section 3.407 of this part.
89-5 (c) Initial directors serve until permanent directors are
89-6 elected under Section 3.408 of this part.
89-7 (d) Permanent directors serve staggered four-year terms.
89-8 (e) Each director must qualify to serve as director in the
89-9 manner provided by Section 36.055, Water Code.
89-10 (f) A director serves until the director's successor has
89-11 qualified.
89-12 (g) If there is a vacancy on the board, the remaining
89-13 directors shall appoint a director to serve the remainder of the
89-14 term. If at any time there are fewer than three qualified
89-15 directors, the Pecos County Commissioners Court shall appoint the
89-16 necessary number of persons to fill all the vacancies on the board.
89-17 (h) A director may not receive a salary or other
89-18 compensation for service as a director but may be reimbursed for
89-19 actual expenses of attending meetings at the rate in effect for
89-20 employees of Pecos County.
89-21 SECTION 3.406. METHOD OF ELECTING DIRECTORS. (a) The
89-22 directors of the district shall be elected according to the method
89-23 provided by this section.
89-24 (b) One director shall be elected by the qualified voters of
89-25 the entire district, two directors shall be elected from each
89-26 county commissioners precinct by the qualified voters of that
90-1 precinct, one director shall be elected from the city of Iraan by
90-2 the qualified voters of that city, and one director shall be
90-3 elected from the city of Fort Stockton by the qualified voters of
90-4 that city.
90-5 (c) To be qualified to be a candidate for or to serve as a
90-6 director at large, a person must be a registered voter in the
90-7 district. To be a candidate for or to serve as director from a
90-8 county commissioners precinct or a city, a person must be a
90-9 registered voter of that precinct or city, as applicable.
90-10 (d) A person shall indicate on the application for a place
90-11 on the ballot:
90-12 (1) the precinct or city that the person seeks to
90-13 represent; or
90-14 (2) that the person seeks to represent the district at
90-15 large.
90-16 (e) At the first election after the county commissioners
90-17 precincts are redrawn under Section 18, Article V, Texas
90-18 Constitution, eight new directors shall be elected to represent the
90-19 precincts. The directors elected shall draw lots to determine
90-20 which four directors serve two-year terms and which four directors
90-21 serve four-year terms.
90-22 SECTION 3.407. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
90-23 (a) The temporary board of directors shall call and hold an
90-24 election to confirm establishment of the district and to elect
90-25 initial directors.
90-26 (b) At the confirmation and initial directors election, the
91-1 temporary board of directors shall have placed on the ballot the
91-2 name of any candidate filing for an initial director position and
91-3 blank spaces to write in the names of other persons. A temporary
91-4 director who is qualified to be a candidate under Sections 3.405
91-5 and 3.406 of this part may file for an initial director position.
91-6 (c) Section 41.001(a), Election Code, does not apply to a
91-7 confirmation and initial directors election held as provided by
91-8 this section.
91-9 (d) Except as provided by this section, a confirmation and
91-10 initial directors election must be conducted as provided by
91-11 Sections 36.017(b)-(h), Water Code, and the Election Code.
91-12 (e) The elected initial directors shall draw lots to
91-13 determine their terms. One director from each county commissioners
91-14 precinct and the director from the district at large serve terms
91-15 that expire on the date of the first election held under Section
91-16 3.408 of this part. The remaining directors serve terms that
91-17 expire on the date of the second election held under Section 3.408
91-18 of this part.
91-19 (f) If the majority of the votes cast at an election held
91-20 under this section is against the confirmation of the district, the
91-21 temporary directors may call another election under this section
91-22 not later than August 31, 2003.
91-23 SECTION 3.408. ELECTION OF DIRECTORS. On the first Saturday
91-24 in May of the first even-numbered year after the year in which the
91-25 district is authorized to be created at a confirmation election and
91-26 on the first Saturday in May of each subsequent second year, an
92-1 election shall be held in the district to elect the appropriate
92-2 number of directors.
92-3 SECTION 3.409. EXPIRATION DATE. If the creation of the
92-4 district is not confirmed at a confirmation election held under
92-5 Section 3.407 of this part before September 1, 2003, the district
92-6 is dissolved and this part expires on that date.
92-7 PART 5. REFUGIO GROUNDWATER CONSERVATION DISTRICT
92-8 SECTION 3.501. RATIFICATION OF CREATION. The creation by
92-9 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
92-10 of the Refugio Groundwater Conservation District in Refugio County
92-11 is ratified, as required by Section 15(a) of that chapter, subject
92-12 to approval at a confirmation election under Section 3.507 of this
92-13 part.
92-14 SECTION 3.502. DEFINITION. In this part, "district" means
92-15 the Refugio Groundwater Conservation District.
92-16 SECTION 3.503. BOUNDARIES. The boundaries of the district
92-17 are coextensive with the boundaries of Refugio County.
92-18 SECTION 3.504. GENERAL POWERS. (a) The district has all of
92-19 the rights, powers, privileges, authority, functions, and duties
92-20 provided by the general law of this state, including Chapter 36,
92-21 Water Code, applicable to groundwater conservation districts
92-22 created under Section 59, Article XVI, Texas Constitution. This
92-23 part prevails over any provision of general law that is in conflict
92-24 or inconsistent with this part, including any provision of Chapter
92-25 1331, Acts of the 76th Legislature, Regular Session, 1999.
92-26 (b) Notwithstanding Subsection (a) of this section, the
93-1 following provisions prevail over a conflicting or inconsistent
93-2 provision of this Act:
93-3 (1) Sections 36.1071-36.108, Water Code;
93-4 (2) Sections 36.159-36.161, Water Code; and
93-5 (3) Subchapter I, Chapter 36, Water Code.
93-6 SECTION 3.505. BOARD OF DIRECTORS. (a) The district is
93-7 governed by a board of five directors.
93-8 (b) Temporary directors serve until initial directors are
93-9 elected under Section 3.507 of this part.
93-10 (c) Initial directors serve until permanent directors are
93-11 elected under Section 3.508 of this part.
93-12 (d) Permanent directors serve staggered four-year terms.
93-13 (e) Each director must qualify to serve as director in the
93-14 manner provided by Section 36.055, Water Code.
93-15 (f) A director serves until the director's successor has
93-16 qualified.
93-17 (g) If a director fails to qualify for office or if there is
93-18 at any time a vacancy on the temporary board of directors, the
93-19 commissioners court shall appoint a person to fill the vacancy.
93-20 SECTION 3.506. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
93-21 PRECINCTS. (a) The directors of the district shall be elected
93-22 according to the commissioners precinct method as provided by this
93-23 section.
93-24 (b) One director shall be elected by the qualified voters of
93-25 the entire district, and one director shall be elected from each
93-26 county commissioners precinct by the qualified voters of that
94-1 precinct.
94-2 (c) To be qualified to be a candidate for or to serve as
94-3 director at large, a person must be a registered voter in the
94-4 district. To be a candidate for or to serve as director from a
94-5 county commissioners precinct, a person must be a registered voter
94-6 of that precinct.
94-7 (d) A person shall indicate on the application for a place
94-8 on the ballot:
94-9 (1) the precinct that the person seeks to represent;
94-10 or
94-11 (2) that the person seeks to represent the district at
94-12 large.
94-13 (e) At the first election after the county commissioners
94-14 precincts are redrawn under Section 18, Article V, Texas
94-15 Constitution, four new directors shall be elected to represent the
94-16 precincts. The directors elected shall draw lots to determine
94-17 which two directors serve two-year terms and which two directors
94-18 serve four-year terms.
94-19 SECTION 3.507. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
94-20 (a) The temporary board of directors shall call and hold an
94-21 election to confirm establishment of the district and to elect
94-22 initial directors.
94-23 (b) At the confirmation and initial directors election, the
94-24 temporary board of directors shall have placed on the ballot the
94-25 name of any candidate filing for an initial director position and
94-26 blank spaces to write in the names of other persons. A temporary
95-1 director who is qualified to be a candidate under Sections 3.505
95-2 and 3.506 of this part may file for an initial director position.
95-3 (c) Section 41.001(a), Election Code, does not apply to a
95-4 confirmation and initial directors election held as provided by
95-5 this section.
95-6 (d) Except as provided by this section, a confirmation and
95-7 initial directors election must be conducted as provided by
95-8 Sections 36.017(b)-(h), Water Code, and the Election Code.
95-9 SECTION 3.508. ELECTION OF DIRECTORS. (a) On the first
95-10 Saturday in May of the first even-numbered year after the year in
95-11 which the district is authorized to be created at a confirmation
95-12 election, an election shall be held in the district for the
95-13 election of three directors to serve four-year terms and two
95-14 directors to serve two-year terms.
95-15 (b) On the first Saturday in May of each subsequent second
95-16 year following the election, the appropriate number of directors
95-17 shall be elected.
95-18 SECTION 3.509. ADDITIONAL POWERS. (a) Except as provided
95-19 by Subsection (b) of this section, the district by rule shall
95-20 prohibit the sale of groundwater outside the district.
95-21 (b) The district may not prohibit the sale of groundwater
95-22 outside the district by Refugio County.
95-23 SECTION 3.510. EXPIRATION OF PART IF DISTRICT NOT CONFIRMED.
95-24 This part expires on September 1, 2003, if, before that date, the
95-25 establishment of the district has not been confirmed at a
95-26 confirmation election held under Section 3.507 of this part.
96-1 PART 6. SOUTHEAST TRINITY GROUNDWATER CONSERVATION DISTRICT
96-2 SECTION 3.601. PURPOSE. The purpose of this part is to
96-3 ratify the Southeast Trinity Groundwater Conservation District, a
96-4 locally controlled groundwater district, to protect, recharge, and
96-5 prevent the waste of groundwater and to control subsidence of water
96-6 from the groundwater reservoirs.
96-7 SECTION 3.602. RATIFICATION. (a) The Southeast Trinity
96-8 Groundwater Conservation District is ratified.
96-9 (b) The district is a governmental agency and a body politic
96-10 and corporate.
96-11 (c) The district is created and ratified under and is
96-12 essential to accomplish the purposes of Section 59, Article XVI,
96-13 Texas Constitution.
96-14 SECTION 3.603. BOUNDARIES. The boundaries of the district
96-15 are:
96-16 BEGINNING at the point of intersection of the Bexar County -
96-17 Comal County - Kendall County line:
96-18 THENCE following the meanders of the Cibolo Creek, the Bexar
96-19 County - Comal County line in an Easterly direction to the point of
96-20 intersection with latitude 29 40':
96-21 THENCE along 29 40' in a Southeasterly direction to the
96-22 point of intersection with Farm to Market Road 3009:
96-23 THENCE with the centerline of Farm to Market Road 3009 in a
96-24 Southerly direction to the point of intersection with the
96-25 centerline of Schoenthal Road:
96-26 THENCE with the centerline of Schoenthal Road in a
97-1 Northeasterly direction to the point of intersection with the
97-2 centerline of Farm to Market Road 1863:
97-3 THENCE with the centerline of Farm to Market Road 1863 in an
97-4 Easterly direction to the point of intersection with the centerline
97-5 of Mission Valley Road:
97-6 THENCE with the centerline of Mission Valley Road in a
97-7 Northeasterly direction to the point of intersection with the
97-8 centerline of State Highway 46;
97-9 THENCE with the centerline of State Highway 46 in a
97-10 Northwesterly direction to the point of intersection with the
97-11 centerline of Hueco Springs Loop Road:
97-12 THENCE with the centerline of Hueco Springs Loop Road in a
97-13 Northeasterly then Easterly direction to the point of intersection
97-14 with the centerline of River Road:
97-15 THENCE with the centerline of River Road in a Northeasterly
97-16 direction to the point of intersection with the Guadalupe River at
97-17 the First Crossing:
97-18 THENCE following the meanders of the Guadalupe River in a
97-19 Northerly direction to the point of intersection of the centerlines
97-20 of the Guadalupe River and Deep Creek:
97-21 (Note: the next four paragraphs coincide with the Southern
97-22 boundary of Comal County Voters Precinct 18)
97-23 THENCE along the meanders of Deep Creek in a Northeasterly
97-24 direction to the point of intersection of the centerline of Deep
97-25 Creek and the South line of the G. F. Lawrence Survey No. 33,
97-26 Abstract No. 358:
98-1 THENCE with the South line of the G. F. Lawrence Survey No.
98-2 33, Abstract No. 358 in a Northeasterly, Southeasterly, and
98-3 Northeasterly direction to the point of intersection of the South
98-4 centerline of Farm to Market Road 306 being at approximately
98-5 Engineers Station 397+98.3:
98-6 THENCE with the centerline of Farm to Market Road 306 in a
98-7 Southeasterly direction to the point of intersection of the
98-8 centerlines of Farm to Market Road 306 and the William Pfeuffer
98-9 private ranch road:
98-10 THENCE with the approximate bearing N 69o E and approximate
98-11 distance 5,000 feet to an angle point in the Comal County - Hayes
98-12 County Line:
98-13 THENCE with the Comal County - Hays County line in a
98-14 Northwesterly direction to the point of intersection of the Comal
98-15 County - Hays County line with the Comal County - Blanco County
98-16 line:
98-17 THENCE with the Comal County - Blanco County line in a
98-18 Southwesterly direction to the point of intersection of the Comal
98-19 County - Blanco County - Kendall County line, continuing with the
98-20 Comal County - Kendall County line in a Southwesterly direction to
98-21 point of intersection of the Kendall County - Comal County - Bexar
98-22 County line being the Point of Beginning.
98-23 SECTION 3.604. DEFINITIONS. In this part:
98-24 (1) "District" means the Southeast Trinity Groundwater
98-25 Conservation District;
98-26 (2) "Board" means the board of directors of the
99-1 district; and
99-2 (3) "Commission" means the Texas Natural Resource
99-3 Conservation Commission.
99-4 SECTION 3.605. FINDING OF BENEFIT. All of the land and
99-5 other property included within the boundaries of the district will
99-6 benefit from the works and projects that are to be accomplished by
99-7 the district under powers conferred by Section 59, Article XVI,
99-8 Texas Constitution. The district is created to serve a public use
99-9 and benefit.
99-10 SECTION 3.606. AUTHORITY OF DISTRICT. (a) Except as
99-11 provided by this section or otherwise by this part, the district
99-12 has the same permitting and general management powers as those
99-13 granted under Chapter 36, Water Code.
99-14 (b) Chapter 49, Water Code, does not apply to the district.
99-15 (c) The district has no regulatory jurisdiction over the
99-16 Edwards Aquifer or any surface water supply.
99-17 (d) The board of directors of the district by rule may
99-18 impose reasonable fees, including fees for groundwater transported
99-19 out of the district, on each groundwater well in the district that
99-20 is not exempt from regulation by the district, based on the amount
99-21 of water withdrawn from the well. The fees may be assessed
99-22 annually, based on the size of column pipe used in the wells, pump
99-23 capacity, or actual, authorized, or anticipated pumpage, to pay the
99-24 maintenance and operating expenses of the district's regulation of
99-25 groundwater.
99-26 (e) The district may not assess an ad valorem property tax
100-1 for administrative, operation, and maintenance expenses unless
100-2 approved by a majority of the qualified voters voting in an
100-3 election authorizing the tax.
100-4 (f) Any district conservation fee paid by a retail public
100-5 utility to the district shall be:
100-6 (1) collected by the retail public utility directly as
100-7 a regulatory fee from the customers of the utility and paid to the
100-8 district; and
100-9 (2) shown as a separate line item on the customer's
100-10 bill.
100-11 (g) Fees shall not be assessed for groundwater withdrawn
100-12 from the Edwards Aquifer.
100-13 (h) The district shall determine which classes of wells are
100-14 exempt from permitting requirements.
100-15 (i) The district may not require a permit for:
100-16 (1) the drilling of or producing from a well either
100-17 drilled, completed, or equipped so that it is capable of producing
100-18 less than 10,000 gallons of water per day; or
100-19 (2) the drilling of or alteration of the size of a
100-20 well or to restrict the production of a well if the water produced
100-21 or to be produced from the well is or will be used to supply the
100-22 domestic needs of five or fewer households in which a person who is
100-23 a member of each household is either the owner of the well, a
100-24 person related to the owner or to a member of the owner's household
100-25 within the second degree by consanguinity, or an employee of the
100-26 owner.
101-1 (j) The district may construct according to, implement, and
101-2 maintain best management practices in the district and may engage
101-3 in and promote acceptance of best management practices through
101-4 education efforts sponsored by the district for the purposes of
101-5 water quality and water availability practices such as brush
101-6 management, recharge enhancement, water and silt detention and
101-7 retention structures, plugging of abandoned wells, and other
101-8 treatment measures for the conservation of groundwater resources.
101-9 SECTION 3.607. BOARD OF DIRECTORS. (a) The district is
101-10 governed by a board of five directors.
101-11 (b) Temporary directors have been appointed by Comal County
101-12 Commissioners Court and will serve until initial directors are
101-13 elected under Section 3.608 of this part.
101-14 (c) The temporary directors are:
101-15 (1) Christian Dullnig;
101-16 (2) Ernest T. Lee;
101-17 (3) Jill Sondeen;
101-18 (4) Larry Hull; and,
101-19 (5) Stovy Bowlin.
101-20 (d) Initial directors will be elected at a confirmation
101-21 election and will serve until permanent directors are elected under
101-22 Section 3.609 of this part.
101-23 (e) Permanent directors serve staggered four-year terms.
101-24 (f) The directors shall be elected from four precincts, and
101-25 one director will represent the district at large. No more than
101-26 two precincts may be in a single municipality.
102-1 (g) A member of the board must reside in and be a registered
102-2 voter in the precinct from which the person is elected or appointed
102-3 if representing a precinct or must reside and be registered to vote
102-4 in the district if representing the district at large.
102-5 (h) Directors may serve consecutive terms.
102-6 (i) In an election for board members, a write-in vote may
102-7 not be counted unless the name written in appears on the list of
102-8 write-in candidates. A declaration of write-in candidacy must be
102-9 filed not later than 5 p.m. of the 45th day before election day.
102-10 (j) Vacancies in the office of director shall be filled by
102-11 appointment of the board. If the vacant office is not scheduled
102-12 for election within the next two years at the time of the
102-13 appointment, the board shall order an election for the unexpired
102-14 term to be held as part of the next regularly scheduled directors
102-15 election. The appointed director's term shall end on qualification
102-16 of the director elected at that election.
102-17 SECTION 3.608. CONFIRMATION ELECTION AND ELECTION OF INITIAL
102-18 DIRECTORS. (a) As soon as practicable after September 1, 2001,
102-19 the temporary board of directors may set the date for, call, and
102-20 hold an election:
102-21 (1) to confirm establishment of the district;
102-22 (2) to elect five initial directors; and
102-23 (3) for the authority to tax.
102-24 (b) The election shall be held on the first authorized
102-25 election date after the U.S. Department of Justice has pre-cleared
102-26 this part. The district shall contract with the county clerk of
103-1 Comal County to conduct the election.
103-2 (c) The elected initial directors shall draw lots to
103-3 determine their terms so that:
103-4 (1) two of the initial directors serve two-year terms
103-5 that expire on the uniform election date in November of the second
103-6 year after the date the initial directors were elected; and
103-7 (2) the remaining three initial directors serve
103-8 four-year terms that expire on the uniform election date in
103-9 November of the fourth year after the year in which the initial
103-10 directors were elected.
103-11 (d) Section 41.001(a), Election Code, does not apply to a
103-12 confirmation and directors election held as provided by this
103-13 section.
103-14 (e) Except as provided by this section, a confirmation and
103-15 directors election must be conducted as provided by Sections
103-16 36.017(b)-(h), Water Code, and the Election Code.
103-17 (f) The Comal County Commissioners Court shall pay the
103-18 expenses of conducting the confirmation and initial directors
103-19 election, subject to reimbursement from available revenues if the
103-20 establishment of the district is confirmed or from funds allocated
103-21 under Section 36.160, Water Code, if the establishment of the
103-22 district is defeated.
103-23 (g) If the district is defeated, the temporary directors may
103-24 call and hold subsequent elections to confirm establishment of the
103-25 district. A subsequent election may not be held earlier than the
103-26 first anniversary of the date on which the previous election was
104-1 held. If the district has not been confirmed at an election held
104-2 under this section before the fourth anniversary of the effective
104-3 date of this part, the district is dissolved on that date, except
104-4 that any debts incurred shall be paid and the organization of the
104-5 district shall be maintained until all debts are paid.
104-6 SECTION 3.609. ELECTION OF REGULAR DIRECTORS. (a) On the
104-7 uniform election date in November of the second year after the year
104-8 in which the initial directors were elected, an election shall be
104-9 held in the district to elect two regular directors for the
104-10 positions of the two initial directors serving two-year terms.
104-11 (b) On the uniform election date in November of each
104-12 subsequent second year following the election held under Subsection
104-13 (a) of this section, an election shall be held to elect the
104-14 appropriate number of regular directors to the board.
104-15 SECTION 3.610. COORDINATION. The district may coordinate
104-16 activities with other groundwater districts that regulate the
104-17 Trinity Aquifer for the purposes of conjunctively managing the
104-18 common resource.
104-19 SECTION 3.611. MODIFICATION OF DISTRICT. The district may
104-20 be modified only under Subchapter J, Chapter 36, Water Code, and by
104-21 subsequent acts of the legislature.
104-22 SECTION 3.612. STATUTORY INTERPRETATION. Except as
104-23 otherwise provided by this part, if there is a conflict between
104-24 this part and Chapter 36, Water Code, this part controls.
104-25 PART 7. TEXANA GROUNDWATER CONSERVATION DISTRICT
104-26 SECTION 3.701. RATIFICATION OF CREATION. The creation by
105-1 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999,
105-2 of the Texana Groundwater Conservation District in Jackson County
105-3 is ratified as required by Section 15(a) of that Act, subject to
105-4 approval at a confirmation election under Section 3.707 of this
105-5 part.
105-6 SECTION 3.702. DEFINITION. In this part, "district" means
105-7 the Texana Groundwater Conservation District.
105-8 SECTION 3.703. BOUNDARIES. The boundaries of the district
105-9 are coextensive with the boundaries of Jackson County.
105-10 SECTION 3.704. GENERAL POWERS. (a) The district has all of
105-11 the rights, powers, privileges, authority, functions, and duties
105-12 provided by the general law of the state, including Chapter 36,
105-13 Water Code, applicable to groundwater conservation districts
105-14 created under Section 59, Article XVI, Texas Constitution. This
105-15 part prevails over any provision of general law that is in conflict
105-16 or inconsistent with this part, including any provision of Chapter
105-17 1331, Acts of the 76th Legislature, Regular Session, 1999.
105-18 (b) Notwithstanding Subsection (a) of this section, the
105-19 following provisions prevail over a conflicting or inconsistent
105-20 provision of this part:
105-21 (1) Sections 36.1071-36.108, Water Code;
105-22 (2) Sections 36.159-36.161, Water Code; and
105-23 (3) Subchapter I, Chapter 36, Water Code.
105-24 SECTION 3.705. BOARD OF DIRECTORS. (a) The district is
105-25 governed by a board of seven directors.
105-26 (b) Temporary directors serve until initial directors are
106-1 elected under Section 3.707 of this part.
106-2 (c) Initial directors serve until permanent directors are
106-3 elected under Section 3.708 of this part.
106-4 (d) Permanent directors serve staggered four-year terms.
106-5 (e) Each director must qualify to serve as director in the
106-6 manner provided by Section 36.055, Water Code.
106-7 (f) A director serves until the director's successor has
106-8 qualified.
106-9 (g) If there is a vacancy on the board, the remaining
106-10 directors shall appoint a director to serve the remainder of the
106-11 term.
106-12 (h) A director may not receive a salary or other
106-13 compensation for service as a director but may be reimbursed for
106-14 actual expenses of attending meetings at the rate in effect for
106-15 employees of Jackson County.
106-16 SECTION 3.706. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
106-17 PRECINCTS. (a) The directors of the district shall be elected
106-18 according to the commissioners precinct method as provided by this
106-19 section.
106-20 (b) Three directors shall be elected by the electors of the
106-21 entire district, and one director shall be elected from each county
106-22 commissioners precinct by the electors of that precinct.
106-23 (c) To be qualified to be a candidate for or to serve as a
106-24 director at large, a person must be a registered voter in the
106-25 district. To be a candidate for or to serve as director from a
106-26 county commissioners precinct, a person must be a registered voter
107-1 of that precinct.
107-2 (d) A person shall indicate on the application for a place
107-3 on the ballot:
107-4 (1) the precinct that the person seeks to represent;
107-5 or
107-6 (2) that the person seeks to represent the district at
107-7 large.
107-8 (e) At the first election after the county commissioners
107-9 precincts are redrawn under Section 18, Article V, Texas
107-10 Constitution, four new directors shall be elected to represent the
107-11 precincts. The directors elected shall draw lots to determine
107-12 which two directors serve two-year terms and which two directors
107-13 serve four-year terms.
107-14 SECTION 3.707. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
107-15 (a) The temporary board of directors shall call and hold an
107-16 election to confirm establishment of the district and to elect
107-17 initial directors.
107-18 (b) At the confirmation and initial directors election, the
107-19 temporary board of directors shall have placed on the ballot the
107-20 name of any candidate filing for an initial director position and
107-21 blank spaces to write in the names of other persons. A temporary
107-22 director who is qualified to be a candidate under Sections 3.705
107-23 and 3.706 of this part may file for an initial director position.
107-24 (c) Section 41.001(a), Election Code, does not apply to a
107-25 confirmation and initial directors election held as provided by
107-26 this section.
108-1 (d) Except as provided by this section, a confirmation and
108-2 initial directors election must be conducted as provided by
108-3 Sections 36.017(b)-(h), Water Code, and the Election Code.
108-4 (e) If the majority of the votes cast at an election held
108-5 under this section is against the confirmation of the district, the
108-6 temporary directors may not call another election under this
108-7 section before the first anniversary of that election.
108-8 SECTION 3.708. ELECTION OF DIRECTORS. (a) On the first
108-9 Saturday in May of the first even-numbered year after the year in
108-10 which the district is authorized to be created at a confirmation
108-11 election, an election shall be held in the district for the
108-12 election of two directors at large and two directors representing
108-13 precincts to serve four-year terms and one director at large and
108-14 two directors representing precincts to serve two-year terms.
108-15 (b) On the first Saturday in May of each subsequent second
108-16 year following the election, the appropriate number of directors
108-17 shall be elected.
108-18 SECTION 3.709. LIMITATION ON TAXATION. The district may not
108-19 levy or collect an ad valorem tax at a rate that exceeds two cents
108-20 on each $100 valuation of taxable property in the district.
108-21 SECTION 3.710. CONTRACTS WITH GOVERNMENT ENTITIES. (a) The
108-22 district may contract with other government entities.
108-23 (b) The district may contract with other governmental
108-24 entities, including river authorities located in the district, for
108-25 the performance of any or all district functions. A river
108-26 authority with which the district contracts under this section may
109-1 perform district functions as provided by the contract.
109-2 ARTICLE 4. WATER INFRASTRUCTURE FINANCING
109-3 SECTION 4.01. Chapter 15, Water Code, is amended by adding
109-4 Subchapter O to read as follows:
109-5 SUBCHAPTER O. WATER INFRASTRUCTURE FUND
109-6 Sec. 15.901. DEFINITIONS. In this subchapter:
109-7 (1) "Eligible political subdivision" means:
109-8 (A) a municipality;
109-9 (B) a county;
109-10 (C) a river authority or special law district
109-11 that is listed in Section 9.010(b);
109-12 (D) a water improvement district;
109-13 (E) an irrigation district;
109-14 (F) a water control and improvement district;
109-15 and
109-16 (G) a groundwater district with a groundwater
109-17 management plan certified by the board under Section 36.1072.
109-18 (2) "Fund" means the water infrastructure fund.
109-19 (3) "Metropolitan statistical area" means an area so
109-20 designated by the United States Office of Management and Budget.
109-21 (4) "Political subdivision bonds" means bonds or other
109-22 obligations issued by a political subdivision to fund a project and
109-23 purchased by the board from money in the fund.
109-24 (5) "Project" means any undertaking or work, including
109-25 planning and design activities and work to obtain regulatory
109-26 authority, to conserve, convey, and develop water resources of the
110-1 state, including any undertaking or work done outside the state
110-2 that the board determines will result in water being available for
110-3 use in or for the benefit of the state.
110-4 Sec. 15.902. FINDINGS. The legislature finds that:
110-5 (1) the creation of the fund and the administration of
110-6 the fund by the board will encourage the conservation and
110-7 development of the water resources of the state;
110-8 (2) the use of the fund is in furtherance of the
110-9 public purpose of conserving and developing the water resources of
110-10 the state; and
110-11 (3) the use of the fund for the purposes provided by
110-12 this subchapter is for the benefit of both the state and the
110-13 political subdivisions to which the board makes financial
110-14 assistance available in accordance with this subchapter and
110-15 constitutes a program under, and is in furtherance of the public
110-16 purposes set forth in, Section 52-a, Article III, Texas
110-17 Constitution.
110-18 Sec. 15.903. WATER INFRASTRUCTURE FUND. (a) The water
110-19 infrastructure fund is created as a special account in the general
110-20 revenue fund to be administered by the board under this subchapter
110-21 and under rules adopted by the board. The fund shall be available
110-22 to fund the implementation of water projects recommended through
110-23 the state and regional water planning processes under Sections
110-24 16.051 and 16.053.
110-25 (b) The fund consists of:
110-26 (1) appropriations from the legislature;
111-1 (2) the annual water rights fee, as provided by
111-2 Section 11.1352;
111-3 (3) the water fee, as provided by Section 15.013;
111-4 (4) one-half of revenues from export fees imposed by
111-5 any district under Section 36.122;
111-6 (5) tax receipts collected from the sale of domestic
111-7 sewage service, as provided by Section 151.801(f), Tax Code;
111-8 (6) any other fees or sources of revenue that the
111-9 legislature may dedicate for deposit to the fund;
111-10 (7) repayments of loans made from the fund;
111-11 (8) interest earned on money credited to the fund;
111-12 (9) depository interest allocable to the fund in the
111-13 general revenue fund;
111-14 (10) money from gifts, grants, or donations to the
111-15 fund;
111-16 (11) money from revenue bonds or other sources
111-17 designated by the board; and
111-18 (12) proceeds from the sale of any political
111-19 subdivision bonds or obligations held in the fund and not otherwise
111-20 pledged to the discharge, repayment, or redemption of revenue bonds
111-21 or other bonds, the proceeds of which were placed in the fund.
111-22 Sec. 15.904. USE OF WATER INFRASTRUCTURE FUND. (a) The
111-23 board may use the fund:
111-24 (1) to make loans to political subdivisions at or
111-25 below market interest rates for projects;
111-26 (2) to make grants, low-interest loans, or zero
112-1 interest loans to political subdivisions for projects to serve
112-2 areas outside metropolitan statistical areas in order to ensure
112-3 that the projects are implemented, or for projects to serve
112-4 economically distressed areas;
112-5 (3) to make loans at or below market interest rates
112-6 for planning and design costs, permitting costs, and other costs
112-7 associated with state or federal regulatory activities with respect
112-8 to a project;
112-9 (4) as a source of revenue or security for the payment
112-10 of principal and interest on bonds issued by the board if the
112-11 proceeds of the sale of the bonds will be deposited in the fund;
112-12 and
112-13 (5) to pay the necessary and reasonable expenses of
112-14 the board in administering the fund.
112-15 (b) Funding under Subsection (a)(2) or under Subsection
112-16 (a)(3) may not exceed 10 percent of the amount of financial
112-17 assistance budgeted by the board to be made available from the fund
112-18 in a fiscal year.
112-19 (c) Principal and interest payments on loans made under
112-20 Subsection (a)(3) may be deferred for a maximum of 10 years or
112-21 until construction of the project is completed, whichever is
112-22 earlier.
112-23 Sec. 15.905. APPROVAL OF APPLICATIONS. (a) On review and
112-24 recommendation by the executive administrator, the board by
112-25 resolution may approve an application if the board finds that:
112-26 (1) the application and the assistance applied for
113-1 meet the requirements of this subchapter and board rules;
113-2 (2) the revenue or taxes, or both the revenue and
113-3 taxes, pledged by the applicant will be sufficient to meet all the
113-4 obligations assumed by the political subdivision; and
113-5 (3) the project will meet water needs in a manner
113-6 consistent with the state and regional water plans as required by
113-7 Section 16.053(j).
113-8 (b) For an application under this subchapter, a program of
113-9 water conservation through a more effective use of water shall be
113-10 required in the same manner as for approval of an application for
113-11 financial assistance under Section 15.106.
113-12 (c) The board may deliver funds for the portion of a loan or
113-13 grant for a project relating to surface water development, other
113-14 than for planning and design costs, permitting costs, and other
113-15 costs associated with federal and state regulatory activities with
113-16 respect to a project, only if the executive administrator makes a
113-17 written finding:
113-18 (1) that the applicant proposing surface water
113-19 development has the necessary water rights authorizing it to
113-20 appropriate and use the water that the project will provide; or
113-21 (2) that an applicant proposing groundwater
113-22 development has the right to use water that the project will
113-23 provide.
113-24 Sec. 15.906. APPLICABLE PROVISIONS. The provisions of
113-25 Subchapter E, Chapter 17, apply to financial assistance made
113-26 available from the fund; provided, however, that the board may also
114-1 execute contracts as necessary to evidence grant agreements.
114-2 Sec. 15.907. RULES. The board shall adopt rules necessary
114-3 to carry out this subchapter, including rules establishing
114-4 procedures for application for and for the award of financial
114-5 assistance, for the investment of funds, and for the administration
114-6 of the fund.
114-7 Sec. 15.908. SALE OF POLITICAL SUBDIVISION BONDS. (a) The
114-8 board may sell or dispose of political subdivision bonds at the
114-9 price and under the terms that the board determines to be
114-10 reasonable.
114-11 (b) The board may sell political subdivision bonds without
114-12 making a previous offer to the political subdivision that issued
114-13 the bonds and without advertising, soliciting, or receiving bids
114-14 for sale.
114-15 (c) Notwithstanding other provisions of this chapter, the
114-16 board may sell to the Texas Water Resources Finance Authority any
114-17 political subdivision bonds purchased with money in the fund and
114-18 may apply the proceeds of a sale in the manner provided by this
114-19 section.
114-20 (d) Proceeds from the sale of political subdivision bonds
114-21 under this section shall be deposited in the fund for use as
114-22 provided by Section 15.904.
114-23 (e) As part of a sales agreement with the Texas Water
114-24 Resources Finance Authority, the board by contract may agree to
114-25 perform the functions required to ensure that the political
114-26 subdivision pays the debt service on political subdivision bonds
115-1 sold and observes the conditions and requirements stated in those
115-2 bonds.
115-3 (f) The board may exercise any powers necessary to carry out
115-4 the authority granted by this section, including the authority to
115-5 contract with any person to accomplish the purposes of this
115-6 section.
115-7 Sec. 15.909. FUNDING FOR LOCAL ECONOMIC DEVELOPMENT.
115-8 (a) The board may use the fund to provide financial assistance to
115-9 an eligible political subdivision to enable the political
115-10 subdivision to fund loans and grants for projects that develop and
115-11 diversify its local economy, consistent with the terms and
115-12 conditions set forth in a program adopted by the governing body of
115-13 the political subdivision under authority granted by Section
115-14 15.910.
115-15 (b) The board may not purchase political subdivision bonds
115-16 issued for the purposes described by Subsection (a) that are
115-17 secured in whole or in part by a pledge of ad valorem taxes unless
115-18 the political subdivision submits evidence satisfactory to the
115-19 board that the issuance of the bonds has been approved by the
115-20 citizens of the political subdivision voting at an election held
115-21 for the purposes described in Section 15.910.
115-22 Sec. 15.910. AUTHORITY TO ESTABLISH ECONOMIC DEVELOPMENT
115-23 PROGRAMS. (a) An eligible political subdivision may establish
115-24 economic development programs and make loans and grants of public
115-25 funds to assist in providing projects within the political
115-26 subdivision. The authority granted to a political subdivision to
116-1 make loans and grants in accordance with this section constitutes a
116-2 program in furtherance of the public purposes provided by Section
116-3 52-a, Article III, Texas Constitution.
116-4 (b) Financial assistance received from the fund may be used
116-5 by an eligible political subdivision to make loans or grants to
116-6 persons for projects that the political subdivision finds will
116-7 conserve and develop the water resources of the political
116-8 subdivision and assist in diversifying and developing the economy
116-9 of the political subdivision and the state.
116-10 (c) In exercising the authority granted by this section, the
116-11 governing body of an eligible political subdivision may determine
116-12 the terms and conditions governing the loan or grant of money and
116-13 determine whether to approve an agreement with a person who
116-14 receives a loan or grant.
116-15 Sec. 15.911. An eligible political subdivision may not sell
116-16 or incur obligations to fund an economic development program
116-17 established under authority granted by Section 15.910 that are
116-18 payable in whole or in part from ad valorem taxes unless the
116-19 residents of the political subdivision, voting at an election held
116-20 for the purpose, approve the issuance of obligations to fund an
116-21 economic development program for the provision of loans or grants
116-22 to persons to construct projects that will conserve and develop the
116-23 water resources of the political subdivision and assist in
116-24 developing and diversifying the local economy.
116-25 SECTION 4.02. Chapter 15, Water Code, is amended by adding
116-26 Subchapter P to read as follows:
117-1 SUBCHAPTER P. RURAL WATER ASSISTANCE FUND
117-2 Sec. 15.951. PURPOSE. The legislature finds that the rural
117-3 areas of the state, characterized by small populations extended
117-4 over disproportionately large service areas, require a means of
117-5 financing water projects in addition to those established by other
117-6 provisions of this chapter.
117-7 Sec. 15.952. DEFINITIONS. In this subchapter:
117-8 (1) "Federal agency" means an agency or other entity
117-9 of the United States Department of Agriculture or an agency or
117-10 entity that is acting through or on behalf of that department.
117-11 (2) "Fund" means the rural water assistance fund
117-12 established under this subchapter.
117-13 (3) "Rural political subdivision" means:
117-14 (A) a nonprofit water supply or sewer service
117-15 corporation, district, or municipality with a service area of
117-16 10,000 or less in population or that otherwise qualifies for
117-17 financing from a federal agency; or
117-18 (B) a county in which no urban area exceeds
117-19 50,000 in population.
117-20 (4) "State agency" means an agency or other entity of
117-21 the state, including the Department of Agriculture and the Texas
117-22 Department of Housing and Community Affairs and any agency or
117-23 authority that is acting through or on behalf of the Department of
117-24 Agriculture or the Texas Department of Housing and Community
117-25 Affairs.
117-26 Sec. 15.953. CREATION OF FUND. The rural water assistance
118-1 fund is created as a special account in the general revenue fund.
118-2 The fund consists of:
118-3 (1) money directly appropriated to the board;
118-4 (2) repayment of principal and interest from loans
118-5 made from the fund not otherwise needed as a source of revenue
118-6 pursuant to Section 17.9615(b);
118-7 (3) money transferred by the board from any and all
118-8 sources available; and
118-9 (4) interest earned on the investment of money in the
118-10 fund.
118-11 Sec. 15.954. USE OF FUND. (a) The fund may be used to
118-12 provide low-interest loans to rural political subdivisions for
118-13 water or water-related projects, including the purchase of well
118-14 fields, the purchase or lease of rights to produce groundwater, and
118-15 interim financing of construction projects.
118-16 (b) The fund may be used to enable a rural political
118-17 subdivision to obtain water supplied by larger political
118-18 subdivisions or to finance the consolidation or regionalizing of
118-19 neighboring political subdivisions, or both.
118-20 (c) The fund may be used to finance an outreach and
118-21 technical assistance program to assist rural political subdivisions
118-22 in obtaining assistance through the fund. The board may use money
118-23 in the fund to contract for such outreach and technical assistance.
118-24 (d) The fund may be used to buy down interest rates on
118-25 loans.
118-26 (e) A rural political subdivision may enter into an
119-1 agreement with a federal agency or a state agency to submit a joint
119-2 application for financial assistance under this subchapter.
119-3 (f) A nonprofit water supply or sewer service corporation is
119-4 exempt from payment of any sales tax that may be incurred under
119-5 other law or ordinance for any project financed by the fund.
119-6 (g) The fund may be used as a source of revenue for the
119-7 payment of principal and interest on water financial assistance
119-8 bonds issued by the board if the proceeds of the sale of these
119-9 bonds will be deposited into the rural water assistance fund.
119-10 Sec. 15.955. FINANCIAL ASSISTANCE. (a) The board shall
119-11 adopt rules necessary to administer this subchapter, including
119-12 rules establishing procedures for the application for and award of
119-13 loans, the distribution of loans, the investment of funds, and the
119-14 administration of loans and the fund.
119-15 (b) The board shall not deliver funds pursuant to an
119-16 application for financial assistance until the executive
119-17 administrator makes a finding:
119-18 (1) that an applicant proposing surface water
119-19 development has the necessary water rights authorizing it to
119-20 appropriate and use the water which the project will provide; or
119-21 (2) that an applicant proposing groundwater
119-22 development has the right to use water that the project will
119-23 provide.
119-24 (c) In passing on an application from a rural political
119-25 subdivision for financial assistance, the board shall consider:
119-26 (1) the needs of the area to be served by the project,
120-1 the benefit of the project to the area, the relationship of the
120-2 project to the overall state water needs, and the relationship of
120-3 the project to the state water plan; and
120-4 (2) the availability of revenue to the rural political
120-5 subdivision from all sources for the ultimate repayment of the cost
120-6 of the water supply project, including all interest.
120-7 (d) The board by resolution may approve an application if,
120-8 after considering the factors listed in Subsection (c) and other
120-9 relevant factors, the board finds:
120-10 (1) that the public interest is served by state
120-11 assistance in the project; and
120-12 (2) that the revenue or taxes pledged by the rural
120-13 political subdivision will be sufficient to meet all the
120-14 obligations assumed by the rural political subdivision during the
120-15 succeeding period of not more than 50 years.
120-16 (e) A program of water conservation for the more efficient
120-17 use of water shall be required in the same manner as required for
120-18 approval of an application for financial assistance under Section
120-19 15.106.
120-20 (f) Sections 17.183-17.187 apply to the construction of
120-21 projects funded pursuant to this subchapter.
120-22 SECTION 4.03. Subchapter D, Chapter 11, Water Code, is
120-23 amended by adding Section 11.1352 to read as follows:
120-24 Sec. 11.1352. ANNUAL WATER RIGHTS FEE. (a) The commission
120-25 shall assess a fee for water rights held under the authority of
120-26 this chapter and specified under Subsection (b). A fee shall not
121-1 be assessed for water rights for municipal use. The fee shall be
121-2 paid annually and is based on the amount of the water authorized to
121-3 be used.
121-4 (b) Fees under this section shall be assessed for the
121-5 following uses and shall not exceed the following amounts:
121-6 (1) industrial: 50 cents per authorized acre-foot;
121-7 (2) irrigation: 10 cents per authorized acre-foot;
121-8 (3) other consumptive freshwater uses: 50 cents per
121-9 acre-foot; and
121-10 (4) hydro-power: one hundredth of one cent per
121-11 kilowatt produced.
121-12 (c) Fees collected under this section shall be deposited to
121-13 a special fund known as the water infrastructure fund established
121-14 by Section 15.903.
121-15 (d) A water right holder within the jurisdiction of a
121-16 watermaster authorized under this chapter who pays a fee to
121-17 reimburse the watermaster for the expenses of that office is not
121-18 subject to a fee for a water right under this section.
121-19 (e) To receive funding in accordance with Subchapter O,
121-20 Chapter 15, a political subdivision as defined under Chapter 15
121-21 holding a water right located in an area under the jurisdiction of
121-22 a watermaster in accordance with Subsection (d) must pay fees in
121-23 accordance with Subsection (b) and Subchapter O, Chapter 15.
121-24 (f) A groundwater conservation district must pay annual fees
121-25 in accordance with Section 15.010 to receive funding under that
121-26 section. The fees shall be for the following uses and may not
122-1 exceed the following amounts:
122-2 (1) industrial: 50 cents per acre-foot;
122-3 (2) irrigation: 10 cents per acre-foot; and
122-4 (3) all others: 50 cents per acre-foot.
122-5 SECTION 4.04. Subchapter B, Chapter 15, Water Code, is
122-6 amended by adding Section 15.013 to read as follows:
122-7 Sec. 15.013. WATER FEE. (a) Each county shall annually
122-8 remit to the comptroller for deposit to the water infrastructure
122-9 fund a water fee in an amount equal to one dollar per county
122-10 resident as determined by the most recent federal census.
122-11 (b) A county may collect this fee from its residents in a
122-12 manner and in amounts determined by the county.
122-13 SECTION 4.05. Subsection (a), Section 15.002, Water Code, is
122-14 amended to read as follows:
122-15 (a) The legislature finds that it is in the public interest
122-16 and to the benefit of the general public of the state to encourage
122-17 and to assist in the planning and construction of projects to
122-18 develop and conserve the storm water and floodwater as well as the
122-19 ordinary flows of the rivers and streams of the state, to maintain
122-20 and enhance the quality of the water of the state, to provide
122-21 protection to the state's citizens from the floodwater of the
122-22 rivers and streams of the state, to provide drainage, subsidence
122-23 control, public beach nourishment, recharge, chloride control,
122-24 brush control, weather modification, regionalization, and
122-25 desalination [desalinization], to provide for the management of
122-26 aquatic vegetation, and other purposes as provided by law or board
123-1 rule.
123-2 SECTION 4.06. Subsection (b), Section 15.011, Water Code, is
123-3 amended to read as follows:
123-4 (b) After notice and hearing and subject to any limitations
123-5 established by the General Appropriations Act, the board may
123-6 transfer money from the fund to the loan fund created under
123-7 Subchapter C of this chapter, the storage acquisition fund created
123-8 under Subchapter E of this chapter, the research and planning fund
123-9 created under Subchapter F of this chapter, the hydrographic survey
123-10 account created under Subchapter M of this chapter, provided the
123-11 hydrographic survey account transfer does not exceed $425,000,
123-12 [and] the aquatic vegetation management fund created under
123-13 Subchapter N of this chapter, and the rural water assistance fund
123-14 created under Subchapter P.
123-15 SECTION 4.07. Subsections (a) and (b), Section 15.102, Water
123-16 Code, are amended to read as follows:
123-17 (a) The loan fund may be used by the board to provide loans
123-18 of financial assistance to political subdivisions, federal
123-19 agencies, or both political subdivisions and federal agencies
123-20 acting jointly for the construction, acquisition, improvement, or
123-21 enlargement of projects involving water conservation, water
123-22 development, or water quality enhancement, providing nonstructural
123-23 and structural flood control, or drainage, project recreation lands
123-24 and revenue-generating recreational improvements within any
123-25 watershed, or providing recharge, chloride control, subsidence
123-26 control, brush control, weather modification, regionalization, or
124-1 desalination [desalinization] as provided by legislative
124-2 appropriations, this chapter, and the board rules.
124-3 (b) The loan fund may also be used by the board to provide
124-4 grants for:
124-5 (1) projects that include supplying water and
124-6 wastewater services in economically distressed areas, including
124-7 projects involving retail distribution of those services; and
124-8 (2) desalination, brush control, weather modification,
124-9 regionalization, and projects providing regional water quality
124-10 enhancement services as defined by board rule, including regional
124-11 conveyance systems.
124-12 SECTION 4.08. Section 15.105, Water Code, is amended to read
124-13 as follows:
124-14 Sec. 15.105. CONSIDERATIONS IN PASSING ON APPLICATION. In
124-15 passing on an application for financial assistance from the loan
124-16 fund, the board shall consider but is not limited to:
124-17 (1) the needs of the area to be served by the project
124-18 and the benefit of the project to the area in relation to the needs
124-19 of other areas requiring state assistance in any manner and the
124-20 benefits of those projects to the other areas;
124-21 (2) the availability of revenue to the applicant from
124-22 all sources for the ultimate repayment of the cost of the project,
124-23 including all interest;
124-24 (3) the relationship of the project to overall
124-25 statewide needs;
124-26 (4) the ability of the applicant to finance the
125-1 project without state assistance; [and]
125-2 (5) for applications for grants for economically
125-3 distressed areas, the regulatory efforts by the county in which the
125-4 project is located to control the construction of subdivisions that
125-5 lack basic utility services; and
125-6 (6) for applications for grants under Section
125-7 15.102(b)(2), the ability of the applicant to construct the project
125-8 without the grant, and the benefits of the project to water and
125-9 wastewater needs of the state. The board shall pass rules which
125-10 shall further define the eligibility of grants under this
125-11 subchapter.
125-12 SECTION 4.09. Subsection (a), Section 15.106, Water Code, is
125-13 amended to read as follows:
125-14 (a) The board, by resolution, may approve an application for
125-15 financial assistance [a loan] if after considering the factors
125-16 listed in Section 15.105 of this code and any other relevant
125-17 factors, the board finds:
125-18 (1) that the public interest requires state
125-19 participation in the project; and
125-20 (2) that in its opinion the revenue or taxes pledged
125-21 by the political subdivision will be sufficient to meet all the
125-22 obligations assumed by the political subdivision.
125-23 SECTION 4.10. Section 15.107, Water Code, is amended to read
125-24 as follows:
125-25 Sec. 15.107. METHOD OF MAKING [LOANS OF] FINANCIAL
125-26 ASSISTANCE AVAILABLE. (a) The board may make financial assistance
126-1 available to successful applicants in any manner that it considers
126-2 economically feasible including:
126-3 (1) contracts or agreements with a political
126-4 subdivision for the payment of the principal of or interest on or
126-5 both the principal of and interest on bonds or other obligations
126-6 issued or to be issued by the political subdivision;
126-7 (2) contracts or agreements with a political
126-8 subdivision for the purpose of providing the political
126-9 subdivision's share of any cost-sharing required as a participant
126-10 in or local sponsor of any federal project; [or]
126-11 (3) purchase of the bonds or other obligations of a
126-12 political subdivision for the purpose of completely or partially
126-13 financing the project for which the application is being submitted;
126-14 or
126-15 (4) contracts or agreements for the receipt of funds
126-16 and performance of obligations in relation to any grant of funds
126-17 provided by the board.
126-18 (b) Contracts or agreements entered into under Subdivision
126-19 (1) of Subsection (a) of this section may cover all or any part of
126-20 the debt service requirements in a given year and may cover debt
126-21 service requirements in as many years of an issue as the board
126-22 considers appropriate.
126-23 (c) In a determination on a loan for financial assistance,
126-24 the board may approve interest deferral or the capitalization of
126-25 interest costs and may approve periods of repayment for the loans
126-26 of up to 50 years.
127-1 SECTION 4.11. Subsection (f), Section 15.406, Water Code, is
127-2 amended to read as follows:
127-3 (f) The board shall adopt rules establishing criteria of
127-4 eligibility for regional facility planning money that considers:
127-5 (1) the relative need of the political subdivision for
127-6 the money;
127-7 (2) the legal authority of the political subdivision
127-8 to plan, develop, and operate regional facilities;
127-9 (3) the effect of regional facility planning by the
127-10 political subdivision on overall regional facility planning,
127-11 development, and operation in the state and within the area in
127-12 which the political subdivision is located; and
127-13 (4) the degree to which the regional facility planning
127-14 by the political subdivision is consistent with the state [an
127-15 approved regional] water plan [for the area in which the political
127-16 subdivision is located].
127-17 SECTION 4.12. Section 15.434, Water Code, is amended to read
127-18 as follows:
127-19 Sec. 15.434. USE OF MONEY IN FUND. Money deposited to the
127-20 credit of the agricultural soil and water conservation fund, on
127-21 appropriation by the legislature to the board, the Department of
127-22 Agriculture, the State Soil and Water Conservation Board, the Texas
127-23 Agricultural Experiment Station, the Texas Agricultural Extension
127-24 Service, public colleges and universities, and other state agencies
127-25 shall be used for the following purposes:
127-26 (1) agricultural water conservation technical
128-1 assistance programs;
128-2 (2) agricultural water conservation, education, and
128-3 demonstration programs;
128-4 (3) purchase of equipment, including demonstration and
128-5 educational equipment;
128-6 (4) grants made to groundwater [underground water]
128-7 conservation districts and political subdivisions for the purchase
128-8 of equipment under programs established by Subchapter H of this
128-9 chapter;
128-10 (5) research in water utilization and conservation
128-11 including artificial recharge and secondary recovery of groundwater
128-12 [underground water];
128-13 (6) desalination [desalinization];
128-14 (7) weather modification;
128-15 (8) technical assistance programs for developing
128-16 on-farm soil and water conservation plans developed jointly by
128-17 landowners and operators and local soil and water conservation
128-18 districts, as provided by Subchapter H, Chapter 201, Agriculture
128-19 Code;
128-20 (9) research and demonstration relating to the
128-21 production of native and low-water-use plants and water-efficient
128-22 crops;
128-23 (10) a pilot program for low-interest loans for the
128-24 purchase of agricultural water conservation systems established by
128-25 Subchapter I of this chapter; [and]
128-26 (11) research, demonstration, and education relating
129-1 to brush control; and
129-2 (12) regionalization.
129-3 SECTION 4.13. Section 15.471, Water Code, is amended to read
129-4 as follows:
129-5 Sec. 15.471. GRANTS; PURPOSES. The board may make grants of
129-6 money to groundwater [underground water] conservation districts, to
129-7 political subdivisions, and to other districts created under
129-8 Article III, Sections 52(b)(1) and (2), or Article XVI, Section 59,
129-9 of the Texas Constitution for purchasing equipment required for:
129-10 (1) measurement and evaluation of irrigation systems
129-11 and agricultural water conservation practices on irrigated land,
129-12 dryland, and rangeland;
129-13 (2) demonstration of efficient irrigation systems and
129-14 agricultural water conservation practices on irrigated land,
129-15 dryland, and rangeland;
129-16 (3) testing and evaluation of water quality and the
129-17 suitability of water from groundwater or surface water resources
129-18 for irrigation, rural domestic use, livestock, or agricultural
129-19 industry use;
129-20 (4) demonstration of efficient or sound chemical
129-21 application and evaluation or demonstration of systems which will
129-22 prevent contamination of groundwater and surface water from
129-23 chemicals and other substances used in agriculture; or
129-24 (5) measurement and data collection related to the
129-25 conservation of groundwater resources.
129-26 SECTION 4.14. Section 15.602, Water Code, is amended by
130-1 adding a new Subdivision (8) and redesignating existing
130-2 Subdivisions (8) through (14) to read as follows:
130-3 (8) "Person" means an individual, corporation,
130-4 partnership, association, state, municipality, commission, or
130-5 political subdivision of a state or any interstate body, as defined
130-6 by Section 502 of the federal act, including a political
130-7 subdivision as defined by this subchapter, if the person is
130-8 eligible for financial assistance under federal law establishing
130-9 the revolving fund.
130-10 (9) "Political subdivision" means a municipality,
130-11 intermunicipal, interstate, or state agency, any other public
130-12 entity eligible for assistance under this subchapter, or a
130-13 nonprofit water supply corporation created and operating under
130-14 Chapter 67, if such entity is eligible for financial assistance
130-15 under federal law establishing the state revolving fund or an
130-16 additional state revolving fund.
130-17 (10) [(9)] "Public water system" means a system that
130-18 is owned by any person and that meets the definition of public
130-19 water system in the Safe Drinking Water Act.
130-20 (11) [(10)] "Public works" means any project to
130-21 acquire, construct, improve, repair, or otherwise provide any
130-22 buildings, structures, facilities, equipment, or other real or
130-23 personal property or improvements designed for public use,
130-24 protection, or enjoyment undertaken by a political subdivision and
130-25 paid for, in whole or in part, out of public funds.
130-26 (12) [(11)] "Revolving fund" means the state water
131-1 pollution control revolving fund.
131-2 (13) [(12)] "Safe Drinking Water Act" means Title XIV
131-3 of the federal Public Health Service Act, commonly known as the
131-4 Safe Drinking Water Act, as amended (42 U.S.C. Section 300f et
131-5 seq.).
131-6 (14) [(13)] "Safe drinking water revolving fund" means
131-7 the fund established by the board as an additional state revolving
131-8 fund to provide financial assistance in accordance with the federal
131-9 program established pursuant to the provisions of the Safe Drinking
131-10 Water Act.
131-11 (15) [(14)] "Treatment works" has the meaning
131-12 established by the federal act and the eligible components of the
131-13 management programs established by Sections 319 and 320 of the
131-14 federal act.
131-15 SECTION 4.15. Subsection (a), Section 15.603, Water Code, is
131-16 amended to read as follows:
131-17 (a) The revolving fund is held separately from other funds
131-18 by the board outside the State Treasury to provide financial
131-19 assistance to political subdivisions for construction of treatment
131-20 works and to persons for nonpoint source pollution control and
131-21 estuary management projects.
131-22 SECTION 4.16. Subsection (a), Section 15.604, Water Code, is
131-23 amended to read as follows:
131-24 (a) The board may use the revolving fund for financial
131-25 assistance only as provided by the federal act:
131-26 (1) to make loans, on the conditions that:
132-1 (A) those loans are made at or below market
132-2 interest rates, including interest-free loans, at terms not to
132-3 exceed 20 years;
132-4 (B) principal and interest payments will begin
132-5 not later than one year after completion of any treatment works and
132-6 all loans will be fully amortized not later than 20 years after
132-7 completion of the treatment works;
132-8 (C) the recipient of a loan will establish a
132-9 dedicated source of revenue for repayment of loans; and
132-10 (D) the revolving fund will be credited with all
132-11 payments of principal of and interest on all loans;
132-12 (2) to buy or refinance the debt obligation of
132-13 political subdivisions at or below market rates if the debt
132-14 obligations were incurred after March 7, 1985;
132-15 (3) to guarantee or purchase insurance for political
132-16 subdivisions if the guarantee or insurance would improve access to
132-17 market credit or reduce interest rates;
132-18 (4) as a source of revenue or security for the payment
132-19 of principal and interest on bonds issued by the state if the
132-20 proceeds of the sale of those bonds will be deposited in the
132-21 revolving fund;
132-22 (5) to provide loan guarantees to similar revolving
132-23 funds established by municipalities or intermunicipal agencies;
132-24 (6) to earn interest on revolving fund accounts;
132-25 (7) for the reasonable costs of administering the
132-26 revolving fund and conducting activities provided for by Title VI
133-1 of the federal act, except that those amounts may not exceed the
133-2 amount authorized under Title VI of the federal act; [and]
133-3 (8) to provide financial assistance to persons for a
133-4 nonpoint source pollution control project pursuant to Section 319
133-5 of the federal act or for an estuary management project pursuant to
133-6 Section 320 of the federal act; and
133-7 (9) for other purposes as provided by the federal act.
133-8 SECTION 4.17. Section 15.607, Water Code, is amended to read
133-9 as follows:
133-10 Sec. 15.607. APPROVAL OF APPLICATION. On review of
133-11 recommendations by the executive administrator, the board by
133-12 resolution may approve an application if the board finds that in
133-13 its opinion the revenue or taxes or both revenue and taxes pledged
133-14 by the applicant will be sufficient to meet all the obligations
133-15 assumed by the applicant [political subdivision] and that the
133-16 application and assistance applied for meet the requirements of the
133-17 federal act and state law. A program of water conservation for the
133-18 more effective use of water shall be required in the same manner as
133-19 required for approval of an application for financial assistance
133-20 under Section 15.106 of this code.
133-21 SECTION 4.18. Subsection (c), Section 17.853, Water Code, is
133-22 amended to read as follows:
133-23 (c) The board may use the fund only:
133-24 (1) to provide state matching funds for federal funds
133-25 provided to the state water pollution control revolving fund or to
133-26 any additional state revolving fund created under Subchapter J,
134-1 Chapter 15;
134-2 (2) to provide financial assistance from the proceeds
134-3 of taxable bond issues to water supply corporations organized under
134-4 Chapter 67, and other participants;
134-5 (3) to provide financial assistance to participants
134-6 for the construction of water supply projects and treatment works;
134-7 (4) to provide financial assistance for an interim
134-8 construction period to participants for projects for which the
134-9 board will provide long-term financing through the water
134-10 development fund; [and]
134-11 (5) to provide financial assistance for water supply
134-12 and sewer service projects in economically distressed areas as
134-13 provided by Subchapter K, Chapter 17, to the extent the board can
134-14 make that assistance without adversely affecting the current or
134-15 future integrity of the fund or of any other financial assistance
134-16 program of the board; and
134-17 (6) to provide funds to the water infrastructure fund
134-18 created under Section 15.903.
134-19 SECTION 4.19. Subdivisions (2) and (6), Section 17.871,
134-20 Water Code, are amended to read as follows:
134-21 (2) "Borrower district" means a political subdivision,
134-22 including a district or authority created under Article III,
134-23 Sections 52(b)(1) and (2), or Article XVI, Section 59, of the Texas
134-24 Constitution, that receives or is eligible to receive a
134-25 conservation loan from the board for a purpose described by Section
134-26 17.895 or 17.8955 [improvement to district facilities].
135-1 (6) "Lender district" means a political subdivision,
135-2 including a soil and water conservation district under Chapter 201,
135-3 Agriculture Code, a groundwater [an underground water] conservation
135-4 district created under Article XVI, Section 59, of the Texas
135-5 Constitution, or a district or authority created under Article III,
135-6 Section 52(b)(1), or Article XVI, Section 59, of the Texas
135-7 Constitution authorized to supply water for irrigation purposes,
135-8 that is eligible to receive or that receives a loan from the board
135-9 for the purpose of making conservation loans to individual
135-10 borrowers.
135-11 SECTION 4.20. Section 17.895, Water Code, is amended to read
135-12 as follows:
135-13 Sec. 17.895. CONSERVATION LOANS. (a) This section applies
135-14 only to a conservation loan from a lender district that is:
135-15 (1) a soil and water conservation district under
135-16 Chapter 201, Agriculture Code;
135-17 (2) a groundwater conservation district created under
135-18 Section 59, Article XVI, Texas Constitution; or
135-19 (3) a district or authority created under Section
135-20 52(b)(1), Article III, or Section 59, Article XVI, Texas
135-21 Constitution.
135-22 (b) The board or a lender district [districts] may make
135-23 conservation loans for capital equipment or materials, labor,
135-24 preparation costs, and installation costs:
135-25 (1) to improve water use efficiency of water delivery
135-26 and application on existing irrigation systems;
136-1 (2) for preparing irrigated land to be converted to
136-2 dryland conditions; and
136-3 (3) for preparing dryland for more efficient use of
136-4 natural precipitation[;]
136-5 [(4) for preparing and maintaining land to be used for
136-6 brush control activities, including but not limited to activities
136-7 conducted pursuant to Chapter 203, Agriculture Code; or]
136-8 [(5) for implementing precipitation enhancement
136-9 activities in areas of the state where such activities would be, in
136-10 the board's judgment, most effective].
136-11 (c) [(b)] Conservation loans for the purposes listed in
136-12 Subsection (b) [(a)] may be made by lender districts to individual
136-13 borrowers for use on private property or by the board to borrower
136-14 districts [for use on district facilities].
136-15 (d) [(c)] The board may make conservation loans to borrower
136-16 districts for the cost of purchasing and installing devices, on
136-17 public or private property, designed to indicate the amount of
136-18 water withdrawn for irrigation purposes.
136-19 (e) [(d)] For purposes of this section, the board or lender
136-20 districts may seek the advice of the Department of Agriculture
136-21 regarding the feasibility of a project for which a conservation
136-22 loan is sought.
136-23 SECTION 4.21. Subchapter J, Chapter 17, Water Code, is
136-24 amended by adding Section 17.8955 to read as follows:
136-25 Sec. 17.8955. CONSERVATION LOANS FOR BRUSH CONTROL AND
136-26 PRECIPITATION ENHANCEMENT. (a) The board or a lender district may
137-1 make a conservation loan for capital equipment or materials, labor,
137-2 preparation costs, and installation costs for:
137-3 (1) preparing and maintaining land to be used for
137-4 brush control activities, including activities conducted under
137-5 Chapter 203, Agriculture Code; or
137-6 (2) implementing precipitation enhancement activities
137-7 in areas of the state where those activities would be, in the
137-8 board's judgment, most effective.
137-9 (b) A conservation loan for a purpose listed in Subsection
137-10 (a) may be made by a lender district to an individual borrower for
137-11 use on private property or by the board to a borrower district.
137-12 SECTION 4.22. Subchapter L, Chapter 17, Water Code, is
137-13 amended by adding Section 17.9615 to read as follows:
137-14 Sec. 17.9615. TRANSFERS TO RURAL WATER ASSISTANCE FUND.
137-15 (a) The board may direct the comptroller to transfer amounts from
137-16 the financial assistance account to the rural water assistance fund
137-17 created by Subchapter P, Chapter 15, to provide financial
137-18 assistance pursuant to this subchapter for the purposes provided in
137-19 Section 15.954.
137-20 (b) The board shall use the rural water assistance fund as a
137-21 source of revenue to be deposited in accordance with this
137-22 subchapter for the payment of principal and interest on water
137-23 financial assistance bonds issued by the board, the proceeds of
137-24 which are to be deposited into the rural water assistance fund and
137-25 to be used to make payments under a bond enhancement agreement with
137-26 respect to principal or interest on the water financial assistance
138-1 bonds.
138-2 SECTION 4.23. Section 11.32, Tax Code, is amended to read as
138-3 follows:
138-4 Sec. 11.32. CERTAIN WATER CONSERVATION INITIATIVES. The
138-5 governing body of a taxing unit by official action of the governing
138-6 body adopted in the manner required by law for official actions may
138-7 exempt from taxation part or all of the assessed value of property
138-8 on which approved water conservation initiatives, desalination
138-9 projects, or brush control initiatives have been implemented. For
138-10 purposes of this section, approved water conservation,
138-11 desalination, and brush control initiatives shall be designated
138-12 pursuant to an ordinance or other law adopted by the governing
138-13 unit.
138-14 SECTION 4.24. Subsection (a), Section 151.0048, Tax Code, is
138-15 amended to read as follows:
138-16 (a) Except as provided by Subsection (b), "real property
138-17 service" means:
138-18 (1) landscaping;
138-19 (2) the care and maintenance of lawns, yards, or
138-20 ornamental trees or other plants;
138-21 (3) the removal or collection of garbage, rubbish, or
138-22 other solid waste other than:
138-23 (A) hazardous waste;
138-24 (B) industrial solid waste;
138-25 (C) waste material that results from an activity
138-26 associated with the exploration, development, or production of oil,
139-1 gas, geothermal resources, or any other substance or material
139-2 regulated by the Railroad Commission of Texas under Section 91.101,
139-3 Natural Resources Code;
139-4 (D) [domestic sewage or] an irrigation return
139-5 flow, to the extent the [sewage or] return flow does not constitute
139-6 garbage or rubbish; and
139-7 (E) industrial discharges subject to regulation
139-8 by permit issued pursuant to Chapter 26, Water Code;
139-9 (4) building or grounds cleaning, janitorial, or
139-10 custodial services;
139-11 (5) a structural pest control service covered by
139-12 Section 2, Texas Structural Pest Control Act (Article 135b-6,
139-13 Vernon's Texas Civil Statutes); [or]
139-14 (6) the surveying of real property;
139-15 (7) domestic sewage service; or
139-16 (8) domestic potable water service.
139-17 SECTION 4.25. Section 151.315, Tax Code, is amended to read
139-18 as follows:
139-19 Sec. 151.315. WATER. Except as provided in Section
139-20 151.0048(a)(8), water [Water] is exempted from the taxes imposed by
139-21 this chapter.
139-22 SECTION 4.26. Subchapter H, Chapter 151, Tax Code, is
139-23 amended by adding Section 151.355 to read as follows:
139-24 Sec. 151.355. WATER-RELATED EXEMPTIONS. The following are
139-25 exempted from taxes imposed by this chapter:
139-26 (1) rainwater harvesting equipment or supplies, water
140-1 recycling and reuse equipment or supplies, or other equipment,
140-2 services, or supplies used to reduce or eliminate water use;
140-3 (2) equipment, services, or supplies used for
140-4 desalination of surface water or groundwater;
140-5 (3) equipment, services, or supplies used for brush
140-6 control designed to enhance the availability of water;
140-7 (4) equipment, services, or supplies used for
140-8 precipitation enhancement;
140-9 (5) equipment, services, or supplies used to construct
140-10 or operate a water or wastewater system certified by the Texas
140-11 Natural Resource Conservation Commission as a regional system; and
140-12 (6) equipment, services, or supplies used to construct
140-13 or operate a water supply or wastewater system by a private entity
140-14 as a public-private partnership, as certified by the political
140-15 subdivision that is a party to the project.
140-16 SECTION 4.27. Section 151.801, Tax Code, is amended by
140-17 adding Subsection (f) to read as follows:
140-18 (f) The proceeds due the state from the collection of the
140-19 taxes imposed by this chapter on the sale of domestic sewage
140-20 service and domestic potable water service shall be deposited in
140-21 the general revenue fund to the credit of the water infrastructure
140-22 fund.
140-23 ARTICLE 5. REPEALER; TRANSITION; SAVING; EFFECTIVE DATE
140-24 SECTION 5.01. (a) Sections 35.005 and 35.006 and Subsection
140-25 (d), Section 36.013, Water Code, are repealed.
140-26 (b) Chapter 453, Acts of the 73rd Legislature, Regular
141-1 Session, 1993, is repealed on the date the results of an election
141-2 confirming the establishment of the Hays Trinity Groundwater
141-3 Conservation District, as ratified by Part 3, Article 3 of this
141-4 Act, are canvassed.
141-5 SECTION 5.02. (a) The changes in law made by this Act to
141-6 Section 11.085, Water Code, apply to an application for a water
141-7 right, or an amendment to a permit, certified filing, or
141-8 certificate of adjudication authorizing an interbasin transfer of
141-9 water, that is accepted for filing on or after the effective date
141-10 of this Act. An application for a water right, or an amendment to
141-11 a permit, certified filing, or certificate of adjudication
141-12 authorizing an interbasin transfer of water, that is accepted for
141-13 filing before the effective date of this Act is governed by the law
141-14 in effect immediately before that date, and that law is continued
141-15 in effect for that purpose.
141-16 (b) The changes in law made by this Act by amending Section
141-17 17.895, Water Code, and adding Section 17.8955, Water Code, apply
141-18 only to a conservation loan for which an application is filed on or
141-19 after the effective date of this Act. A conservation loan for
141-20 which an application was filed before the effective date of this
141-21 Act is governed by the law in effect immediately before that date,
141-22 and that law is continued in effect for that purpose.
141-23 (c) Not later than January 1, 2002, the Texas Water Policy
141-24 Council, as created by this Act, shall adopt rules necessary to
141-25 implement the provisions of Chapter 9, Water Code, as added by this
141-26 Act.
142-1 (d) The Texas Water Policy Council shall review the first
142-2 group described under Section 9.010, Water Code, as added by this
142-3 Act, at the third quarterly meeting held by the council.
142-4 (e) Not later than January 1, 2002, the Texas Water
142-5 Development Board shall adopt rules to administer Subchapter O,
142-6 Chapter 15, Water Code, as added by this Act, including rules
142-7 establishing procedures for applications for and for the awarding
142-8 of financial assistance for water projects, for the investment of
142-9 funds, and for the administration of the water infrastructure fund
142-10 created by this Act.
142-11 (f) Not later than January 1, 2002, the Texas Water
142-12 Development Board shall adopt rules to administer Subchapter P,
142-13 Chapter 15, Water Code, as added by this Act, including
142-14 establishing procedures for the application for and award of loans,
142-15 the distribution of loans, the investment of funds, and the
142-16 administration of loans and the fund.
142-17 (g) Not later than January 1, 2002, the Texas Water
142-18 Development Board shall adopt rules requiring a holder of a surface
142-19 water permit, certified filing, or certificate of adjudication for
142-20 surface water, a holder of a permit for the export of groundwater
142-21 from a groundwater conservation district, a retail public water
142-22 supplier, a wholesale water provider, and an irrigation district to
142-23 report to the board information on certain water pipelines and
142-24 other facilities that can be used for water conveyance.
142-25 SECTION 5.03. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
142-26 (a) The proper and legal notice of the intention to introduce this
143-1 Act, setting forth the general substance of this Act, has been
143-2 published as provided by law, and the notice and a copy of this Act
143-3 have been furnished to all persons, agencies, officials, or
143-4 entities to which they are required to be furnished by the
143-5 constitution and other laws of this state, including the governor,
143-6 who has submitted the notice and Act to the Texas Natural Resource
143-7 Conservation Commission.
143-8 (b) The Texas Natural Resource Conservation Commission has
143-9 filed its recommendations relating to this Act with the governor,
143-10 lieutenant governor, and speaker of the house of representatives
143-11 within the required time.
143-12 (c) All requirements of the constitution and laws of the
143-13 state and the rules and procedures of the legislature with respect
143-14 to the notice, introduction, and passage of this Act are fulfilled
143-15 and accomplished.
143-16 SECTION 5.04. If any provision of this Act or its
143-17 application to any person or circumstance is held invalid, the
143-18 invalidity does not affect other provisions or applications of this
143-19 Act that can be given effect without the invalid provision or
143-20 application, and to this end the provisions of this Act are
143-21 declared to be severable.
143-22 SECTION 5.05. This Act takes effect September 1, 2001.