By: Ogden S.B. No. 748
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ratification, creation, administration, powers,
1-3 duties, operation, and financing of groundwater conservation
1-4 districts in and coordinated management of groundwater resources
1-5 for the central Carrizo-Wilcox area.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE I. GENERAL PROVISIONS
1-8 SECTION 1.01. TITLE. This Act may be referred to as the
1-9 Central Carrizo-Wilcox Groundwater Management Act.
1-10 SECTION 1.02. PURPOSE. The purpose of this Act is:
1-11 (1) to ratify and create locally controlled
1-12 groundwater districts in order to protect, recharge, and prevent
1-13 the waste of groundwater in the central Carrizo-Wilcox area, to
1-14 control subsidence caused by withdrawal of water from the
1-15 groundwater reservoirs in that area, and to regulate the transport
1-16 of water out of the boundaries of the districts;
1-17 (2) to create the Central Carrizo-Wilcox Coordinating
1-18 Council to provide for the regional management of groundwater while
1-19 preserving local control, to protect, recharge, and prevent the
1-20 waste of groundwater, and to control subsidence caused by
1-21 withdrawal of water from the groundwater reservoirs; and
1-22 (3) to allow the groundwater conservation districts to
1-23 coordinate activities through the Central Carrizo-Wilcox
2-1 Coordinating Council to the extent authorized by this Act and
2-2 considered to be in the public interest.
2-3 ARTICLE II. BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT
2-4 SECTION 2.01. RATIFICATION OF CREATION. The creation by
2-5 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
2-6 (Senate Bill No. 1911), of the Brazos Valley Groundwater
2-7 Conservation District in Robertson and Brazos counties is ratified
2-8 as required by Section 15(a) of that Act, subject to approval at a
2-9 confirmation election under Section 2.17 of this article.
2-10 SECTION 2.02. DEFINITION. In this article, "district" means
2-11 the Brazos Valley Groundwater Conservation District.
2-12 SECTION 2.03. BOUNDARIES. The boundaries of the district
2-13 are coextensive with the boundaries of Robertson and Brazos
2-14 counties, Texas.
2-15 SECTION 2.04. GENERAL POWERS. (a) Except as otherwise
2-16 provided by this article, the district has all of the rights,
2-17 powers, privileges, authority, functions, and duties provided by
2-18 the general law of this state, including Chapter 36, Water Code,
2-19 applicable to groundwater conservation districts created under
2-20 Section 59, Article XVI, Texas Constitution. This article prevails
2-21 over any provision of general law that is in conflict or
2-22 inconsistent with this article, including any provision of Chapter
2-23 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
2-24 Regular Session, 1999 (Senate Bill No. 1911).
2-25 (b) The district does not have the authority granted by the
2-26 following provisions of Chapter 36, Water Code:
3-1 (1) Section 36.105, relating to eminent domain; and
3-2 (2) Sections 36.020 and 36.201-36.204, relating to
3-3 taxes.
3-4 SECTION 2.05. BONDS. The district may issue bonds and notes
3-5 under Sections 36.171-36.181, Water Code, up to $500,000.00 of
3-6 total indebtedness at any time.
3-7 SECTION 2.06. PURCHASE, SALE, TRANSPORTATION, OR
3-8 DISTRIBUTION OF WATER. The district may not purchase, sell,
3-9 transport, or distribute surface water or groundwater for any
3-10 purpose.
3-11 SECTION 2.07. FEES. (a) The board of directors of the
3-12 district by rule may impose reasonable fees on each well for which
3-13 a permit is issued by the district and that is not exempt from
3-14 regulation by the district. A fee may be based on the size of
3-15 column pipe used by the well or on the actual, authorized, or
3-16 anticipated amount of water to be withdrawn from the well.
3-17 (b) The initial fee shall be based on the amount of water to
3-18 be withdrawn from the well. The initial fee:
3-19 (1) may not exceed:
3-20 (A) $0.25 per acre foot for water used for
3-21 irrigating agricultural crops or operating existing steam electric
3-22 stations; or
3-23 (B) $0.0425 per thousand gallons for water used
3-24 for any other purpose; and
3-25 (2) may be increased at a cumulative rate not to
3-26 exceed three percent per year.
4-1 (c) In addition to the fee authorized under Subsection (b)
4-2 of this section, the district may assess a fee on groundwater from
4-3 a well that is produced for transport outside the district. The
4-4 combined fees may not exceed the limit on a fee amount set by
4-5 Section 36.205(c), Water Code.
4-6 (d) Fees authorized by this section may be assessed annually
4-7 and may be used to fund the cost of District operations and
4-8 expenses of the district's or council's operations.
4-9 SECTION 2.08. EXEMPTIONS.
4-10 (a) Pursuant to Section 36.117, Water Code, as amended, a
4-11 district may exempt wells from the requirements to obtain a
4-12 drilling permit, an operating permit, or any other permit required
4-13 by this chapter or the district's rules. A district may not
4-14 require a permit for:
4-15 (1) drilling or producing from a well either drilled,
4-16 completed, or equipped so that it is incapable of producing more
4-17 than 25,000 gallons of groundwater a day;
4-18 (2) the drilling or alteration of the size of a well
4-19 or to restrict the production of a well if the water produced or to
4-20 be produced from the well is used or to be used to supply the
4-21 domestic needs of 10 or fewer households and a person who is a
4-22 member of each household is either the owner of the well, a person
4-23 related to the owner or a member of the owner's household within
4-24 the second degree by consanguinity, or an employee of the owner;
4-25 (3) the drilling or alteration of the size of a well
4-26 or to restrict the production from the well if the water produced
5-1 or to be produced from the well is used or to be used to provide
5-2 water for feeding livestock and poultry connected with farming,
5-3 ranching, or dairy enterprises; or
5-4 (4) water wells to supply water for hydrocarbon
5-5 production activities, regardless of whether those wells are
5-6 producing, that are associated with any well permitted by the
5-7 Railroad Commission of Texas drilled before September 1, 1985.
5-8 (b) The board shall adopt rules determining the
5-9 applicability of Subsection (a)(3) to facilities used primarily for
5-10 feeding livestock.
5-11 (c) The district shall not deny the owner of a tract of
5-12 land, or his lessee, who has no well equipped to produce more than
5-13 25,000 gallons a day on the tract, either a permit to drill a well
5-14 on his land or the privilege to produce groundwater from his land,
5-15 subject to the rules of the district.
5-16 (d) A district may not restrict the production of any well
5-17 equipped to produce 25,000 gallons or less a day.
5-18 (e) Water wells exempted under this section shall be
5-19 equipped and maintained so as to conform to the district's rules
5-20 requiring installation of casing, pipe, and fittings to prevent the
5-21 escape of groundwater from a groundwater reservoir to any reservoir
5-22 not containing groundwater and to prevent the pollution or harmful
5-23 alteration of the character of the water in any groundwater
5-24 reservoir.
5-25 (f) A district shall require water wells exempted under this
5-26 section to be registered with the district before drilling. All
6-1 exempt water wells shall be equipped and maintained so as to
6-2 conform to the district's rules requiring installation of casing,
6-3 pipe, and fittings to prevent the escape of groundwater from a
6-4 groundwater reservoir to any reservoir not containing groundwater
6-5 and to prevent the pollution or harmful alteration of the character
6-6 of the water in any groundwater reservoir.
6-7 (g) A well to supply water for a subdivision of land for
6-8 which a plat approval is required by law is not exempted under this
6-9 section.
6-10 SECTION 2.09. MINING EXEMPTION. (a) A groundwater well
6-11 that is used by a mining operation and permitted by the Railroad
6-12 Commission of Texas is exempt from permit requirements,
6-13 regulations, and fees imposed by the district if the amount of
6-14 water withdrawn from the well is not greater than the amount
6-15 required by the mining operation for mining purposes. A mining
6-16 operation that withdraws the amount of water required for mining
6-17 purposes, uses that water for mining purposes, and then puts that
6-18 water to another use does not forfeit the exemption granted by this
6-19 section, but any production of water in addition to water withdrawn
6-20 for mining purposes is subject to district permitting and
6-21 regulation.
6-22 (b) The district may require a well used for mining purposes
6-23 and exempt under this section to comply with the spacing
6-24 requirements of the district if any withdrawals from that well are
6-25 in addition to withdrawals for mining purposes.
6-26 (c) A mining operation may voluntarily waive the exemption
7-1 granted by this section.
7-2 SECTION 2.10. MITIGATION ASSISTANCE. In addition to the
7-3 authority granted under Chapter 36, Water Code, the district may
7-4 assist in the mediation between landowners regarding the mitigation
7-5 of the loss of existing groundwater supply of exempt domestic and
7-6 livestock users due to the groundwater pumping of others.
7-7 SECTION 2.11. MEMBERSHIP ON COORDINATING COUNCIL. The
7-8 district is a member of the Central Carrizo-Wilcox Coordinating
7-9 Council created by Section 5.01(a) of this Act.
7-10 SECTION 2.12. MANAGEMENT PLAN. The district shall develop
7-11 or contract to develop its own management plan under Section
7-12 36.1071, Water Code, and submit it to the Central Carrizo-Wilcox
7-13 Coordinating Council to be included in the management plan
7-14 developed by the Central Carrizo-Wilcox Coordinating Council under
7-15 Section 5.06 of this Act.
7-16 SECTION 2.13. PERMITTING. (a) The district shall issue
7-17 permits for wells based on the consideration of whether:
7-18 (1) the application conforms to the requirements
7-19 prescribed by Chapter 36, Water Code, and is accompanied by the
7-20 prescribed fees;
7-21 (2) the proposed use of water is consistent with the
7-22 district's certified water management plan;
7-23 (3) the proposed use of water is dedicated to any
7-24 beneficial use;
7-25 (4) the applicant has agreed to avoid waste and
7-26 achieve water conservation; and
8-1 (5) the applicant has agreed that reasonable diligence
8-2 will be used to protect groundwater quality and that the applicant
8-3 will follow well plugging guidelines at the time of well closure.
8-4 (6) the proposed use would not present the possibility
8-5 of unreasonable interference with the production of water from
8-6 exempt, existing, or previously permitted wells;
8-7 (7) the proposed use would not unreasonably interfere
8-8 with an adjoining landowner's ability to produce water from his
8-9 property.
8-10 SECTION 2.14. BOARD OF DIRECTORS. (a) The district is
8-11 governed by a board of eight directors.
8-12 (b) Initial directors serve until permanent directors are
8-13 appointed under Section 2.15 of this article and qualified as
8-14 required by Subsection (d) of this section.
8-15 (c) Permanent directors serve four-year staggered terms.
8-16 (d) Each director must qualify to serve as a director in the
8-17 manner provided by Section 36.055, Water Code.
8-18 (e) A director serves until the director's successor has
8-19 qualified.
8-20 (f) A director may serve consecutive terms.
8-21 (g) If there is a vacancy on the board, the governing body
8-22 of the entity that appointed the director who vacated the office
8-23 shall appoint a director to serve the remainder of the term.
8-24 (h) Directors are not entitled to receive compensation for
8-25 serving as a director but may be reimbursed for actual, reasonable
8-26 expenses incurred in the discharge of official duties.
9-1 (i) A majority vote of a quorum is required for board
9-2 action. If there is a tie vote, the proposed action fails.
9-3 SECTION 2.15. APPOINTMENT OF DIRECTORS. (a) The Robertson
9-4 County Commissioners Court shall appoint four directors, of whom:
9-5 (1) one must represent municipal interests in the
9-6 county;
9-7 (2) one must represent agriculture interests in the
9-8 county;
9-9 (3) one must represent rural water suppliers'
9-10 interests in the county; and
9-11 (4) one must represent industrial interests in the
9-12 county.
9-13 (b) The Brazos County Commissioners Court shall appoint two
9-14 directors, of whom:
9-15 (1) one must represent rural water suppliers'
9-16 interests in the county; and
9-17 (2) one must represent agriculture interests in the
9-18 county.
9-19 (c) The governing body of the City of Bryan shall appoint
9-20 one director.
9-21 (d) The governing body of the City of College Station shall
9-22 appoint one director.
9-23 (e) Each of the governing bodies authorized by this section
9-24 to make an appointment shall appoint the appropriate number of
9-25 initial directors as soon as practicable following the effective
9-26 date of this Act, but not later than the 45th day after the
10-1 effective date of this Act.
10-2 (f) The four initial directors from Robertson County shall
10-3 draw lots to determine their terms. Two initial directors from
10-4 Robertson County and the two initial directors from Brazos County
10-5 serve terms that expire on January 1 of the second year following
10-6 the confirmation of the district at an election held under Section
10-7 2.17 of this article. The remaining four initial directors serve
10-8 terms that expire on January 1 of the fourth year following the
10-9 confirmation of the district. On January 1 of the second year
10-10 following confirmation of the district and every two years after
10-11 that date, the appropriate governing body shall appoint the
10-12 appropriate number of permanent directors.
10-13 SECTION 2.16. ORGANIZATIONAL MEETING. As soon as
10-14 practicable after all the initial directors have been appointed and
10-15 have qualified as provided in this article, a majority of the
10-16 directors shall convene the organizational meeting of the district
10-17 at a location within the district agreeable to a majority of the
10-18 directors. If no location can be agreed on, the organizational
10-19 meeting of the directors shall be at the Robertson County
10-20 Courthouse.
10-21 SECTION 2.17. CONFIRMATION ELECTION. (a) The initial board
10-22 of directors shall call and hold an election on the same date in
10-23 each county within the district to confirm the creation of the
10-24 district.
10-25 (b) Except as provided by this section, a confirmation
10-26 election must be conducted as provided by Sections 36.017, 36.018,
11-1 and 36.019, Water Code, and Section 41.001, Election Code.
11-2 (c) Confirmation of the district requires a vote in favor of
11-3 confirmation by a majority of the qualified voters voting in the
11-4 election.
11-5 (d) If the establishment of the district is not confirmed by
11-6 an election held under this section before the second anniversary
11-7 of the effective date of this Act, the district is dissolved and
11-8 this article expires on that date.
11-9 ARTICLE III. MILAM BURLESON GROUNDWATER CONSERVATION DISTRICT
11-10 SECTION 3.01. CREATION. (a) A groundwater conservation
11-11 district, to be known as the Milam Burleson Groundwater
11-12 Conservation District, is created in Milam county, subject to
11-13 approval at a confirmation election under Section 3.16 of this
11-14 article. The district is a governmental agency and a body politic
11-15 and corporate.
11-16 (b) The district is created under and is essential to
11-17 accomplish the purposes of Section 59, Article XVI, Texas
11-18 Constitution.
11-19 SECTION 3.02. DEFINITION. In this article, "district" means
11-20 the Milam Burleson Groundwater Conservation District.
11-21 SECTION 3.03. BOUNDARIES. The boundaries of the Milam
11-22 Burleson Groundwater Conservation District are coextensive with the
11-23 boundaries of Milam county.
11-24 SECTION 3.04. FINDING OF BENEFIT. All of the land and other
11-25 property included within the boundaries of the district will be
11-26 benefited by the works and projects that are to be accomplished by
12-1 the district under powers conferred by Section 59, Article XVI,
12-2 Texas Constitution. The district is created to serve a public use
12-3 and benefit.
12-4 SECTION 3.05. GENERAL POWERS. (a) Except as otherwise
12-5 provided by this article, the district has all of the rights,
12-6 powers, privileges, authority, functions, and duties provided by
12-7 the general law of this state, including Chapter 36, Water Code,
12-8 applicable to groundwater conservation districts created under
12-9 Section 59, Article XVI, Texas Constitution. This article prevails
12-10 over any provision of general law that is in conflict or
12-11 inconsistent with this article, including any provision of Chapter
12-12 36, Water Code.
12-13 (b) The district does not have the authority granted by the
12-14 following provisions of Chapter 36, Water Code:
12-15 (1) Section 36.105, relating to eminent domain; and
12-16 (2) Sections 36.020 and 36.201-36.204, relating to
12-17 taxes.
12-18 SECTION 3.06. FEES. (a) The board of directors of the
12-19 district by rule may impose reasonable fees on each well for which
12-20 a permit is issued by the district and that is not exempt from
12-21 regulation by the district. A fee may be based on the size of
12-22 column pipe used by the well or on the actual, authorized, or
12-23 anticipated amount of water to be withdrawn from the well.
12-24 (b) Fees shall not exceed:
12-25 (1) one dollar per acre foot for water used for
12-26 irrigating agricultural crops; or
13-1 (2) 17 cents per thousand gallons for water used for
13-2 any other purpose.
13-3 (c) In addition to the fee authorized under Subsection (b)
13-4 of this section, the district may assess a fee on groundwater from
13-5 a well that is produced for transport outside the district. The
13-6 combined fees may not exceed the limit on a fee amount set by
13-7 Section 36.205(c), Water Code.
13-8 (d) Fees authorized by this section may be assessed annually
13-9 and may be used to fund the cost of District operations and
13-10 expenses of the district's or council's operations.
13-11 SECTION 3.07. EXEMPTIONS.
13-12 (a) Pursuant to Section 36.117, Water Code, as amended, a
13-13 district may exempt wells from the requirements to obtain a
13-14 drilling permit, an operating permit, or any other permit required
13-15 by this chapter or the district's rules. A district may not
13-16 require a permit for:
13-17 (1) drilling or producing from a well either drilled,
13-18 completed, or equipped so that it is incapable of producing more
13-19 than 25,000 gallons of groundwater a day;
13-20 (2) the drilling or alteration of the size of a well
13-21 or to restrict the production of a well if the water produced or to
13-22 be produced from the well is used or to be used to supply the
13-23 domestic needs of 10 or fewer households and a person who is a
13-24 member of each household is either the owner of the well, a person
13-25 related to the owner or a member of the owner's household within
13-26 the second degree by consanguinity, or an employee of the owner;
14-1 (3) the drilling or alteration of the size of a well
14-2 or to restrict the production from the well if the water produced
14-3 or to be produced from the well is used or to be used to provide
14-4 water for feeding livestock and poultry connected with farming,
14-5 ranching, or dairy enterprises; or
14-6 (4) water wells to supply water for hydrocarbon
14-7 production activities, regardless of whether those wells are
14-8 producing, that are associated with any well permitted by the
14-9 Railroad Commission of Texas drilled before September 1, 1985.
14-10 (b) The board shall adopt rules determining the
14-11 applicability of Subsection (a)(3) to facilities used primarily for
14-12 feeding livestock.
14-13 (c) The district shall not deny the owner of a tract of
14-14 land, or his lessee, who has no well equipped to produce more than
14-15 25,000 gallons a day on the tract, either a permit to drill a well
14-16 on his land or the privilege to produce groundwater from his land,
14-17 subject to the rules of the district.
14-18 (d) A district may not restrict the production of any well
14-19 equipped to produce 25,000 gallons or less a day.
14-20 (e) Water wells exempted under this section shall be
14-21 equipped and maintained so as to conform to the district's rules
14-22 requiring installation of casing, pipe, and fittings to prevent the
14-23 escape of groundwater from a groundwater reservoir to any reservoir
14-24 not containing groundwater and to prevent the pollution or harmful
14-25 alteration of the character of the water in any groundwater
14-26 reservoir.
15-1 (f) A district shall require water wells exempted under this
15-2 section to be registered with the district before drilling. All
15-3 exempt water wells shall be equipped and maintained so as to
15-4 conform to the district's rules requiring installation of casing,
15-5 pipe, and fittings to prevent the escape of groundwater from a
15-6 groundwater reservoir to any reservoir not containing groundwater
15-7 and to prevent the pollution or harmful alteration of the character
15-8 of the water in any groundwater reservoir.
15-9 (g) A well to supply water for a subdivision of land for
15-10 which a plat approval is required by law is not exempted under this
15-11 section.
15-12 SECTION 3.08. MINING EXEMPTION. (a) A groundwater well
15-13 that is used by a mining operation and permitted by the Railroad
15-14 Commission of Texas is exempt from permit requirements,
15-15 regulations, and fees imposed by the district if the amount of
15-16 water withdrawn from the well is not greater than the amount
15-17 required by the mining operation for mining purposes. A mining
15-18 operation that withdraws the amount of water required for mining
15-19 purposes, uses that water for mining purposes, and then puts that
15-20 water to another use does not forfeit the exemption granted by this
15-21 section, but any production of water in addition to water withdrawn
15-22 for mining purposes is subject to district permitting and
15-23 regulation.
15-24 (b) The district may require a well used for mining purposes
15-25 and exempt under this section to comply with the spacing
15-26 requirements of the district if any withdrawals from that well are
16-1 in addition to withdrawals for mining purposes.
16-2 (c) A mining operation may voluntarily waive the exemption
16-3 granted by this section.
16-4 SECTION 3.09. MITIGATION ASSISTANCE. In addition to the
16-5 authority granted under Chapter 36, Water Code, the district may
16-6 assist in the mediation between landowners regarding the mitigation
16-7 of the loss of existing groundwater supply of exempt domestic and
16-8 livestock users due to the groundwater pumping of others.
16-9 SECTION 3.10. MEMBERSHIP ON COORDINATING COUNCIL. The
16-10 district is a member of the Central Carrizo-Wilcox Coordinating
16-11 Council created by Section 5.01(a) of this Act.
16-12 SECTION 3.11. MANAGEMENT PLAN. The district shall develop
16-13 or contract to develop its own management plan under Section
16-14 36.1071, Water Code, and submit it to the Central Carrizo-Wilcox
16-15 Coordinating Council to be included in the management plan
16-16 developed by the Central Carrizo-Wilcox Coordinating Council under
16-17 Section 5.06 of this Act.
16-18 SECTION 3.12. PERMITTING. (a) The district shall issue
16-19 permits for wells based on the consideration of whether:
16-20 (1) the application conforms to the requirements
16-21 prescribed by Chapter 36, Water Code, and is accompanied by the
16-22 prescribed fees;
16-23 (2) the proposed use of water is consistent with the
16-24 district's certified water management plan;
16-25 (3) the proposed use of water is dedicated to any
16-26 beneficial use;
17-1 (4) the applicant has agreed to avoid waste and
17-2 achieve water conservation; and
17-3 (5) the applicant has agreed that reasonable diligence
17-4 will be used to protect groundwater quality and that the applicant
17-5 will follow well plugging guidelines at the time of well closure.
17-6 (6) the proposed use would not present the possibility
17-7 of unreasonable interference with the production of water from
17-8 exempt, existing, or previously permitted wells;
17-9 (7) the proposed use would not unreasonably interfere
17-10 with an adjoining landowner's ability to produce water from his
17-11 property.
17-12 SECTION 3.13. BOARD OF DIRECTORS. (a) The district is
17-13 governed by a board of 10 directors.
17-14 (b) Initial directors serve until permanent directors are
17-15 appointed under Section 3.14 of this article and qualified as
17-16 required by Subsection (d) of this section.
17-17 (c) Permanent directors serve four-year staggered terms.
17-18 (d) Each director must qualify to serve as a director in the
17-19 manner provided by Section 36.055, Water Code.
17-20 (e) A director serves until the director's successor has
17-21 qualified.
17-22 (f) A director may serve consecutive terms.
17-23 (g) If there is a vacancy on the board, the governing body
17-24 of the entity that appointed the director who vacated the office
17-25 shall appoint a director to serve the remainder of the term.
17-26 (h) Directors are not entitled to receive compensation for
18-1 serving as a director but may be reimbursed for actual, reasonable
18-2 expenses incurred in the discharge of official duties.
18-3 (i) A quorum exists when at least two-thirds of the board
18-4 members are present. A majority vote of a quorum is required for
18-5 board action. If there is a tie vote, the proposed action fails.
18-6 SECTION 3.14. APPOINTMENT OF DIRECTORS. (a) The Milam
18-7 County Commissioners Court shall appoint ten directors, of whom:
18-8 (1) two must represent municipal interests in the
18-9 county;
18-10 (2) two must represent agriculture interests in the
18-11 county;
18-12 (3) two must represent rural water suppliers'
18-13 interests in the county;
18-14 (4) two must represent industrial interests in the
18-15 county; and
18-16 (5) two must represent the interests of the county at
18-17 large.
18-18 (b) The governing body authorized by this section to make an
18-19 appointment shall appoint the appropriate number of initial
18-20 directors as soon as practicable following the effective date of
18-21 this Act, but not later than the 45th day after the effective date
18-22 of this Act.
18-23 (c) The initial directors shall draw lots to determine their
18-24 terms. Five initial directors from Milam County serve terms that
18-25 expire on January 1 of the second year following the confirmation
18-26 of the district at an election held under Section 3.16 of this
19-1 article. The remaining five initial directors serve terms that
19-2 expire on January 1 of the fourth year following the confirmation
19-3 of the district. On January 1 of the second year following
19-4 confirmation of the district and every two years after that date,
19-5 the commissioners court shall appoint the appropriate number of
19-6 permanent directors.
19-7 SECTION 3.15. ORGANIZATIONAL MEETING. As soon as
19-8 practicable after all the initial directors have been appointed and
19-9 have qualified as provided in this article, a majority of the
19-10 directors shall convene the organizational meeting of the district
19-11 at a location within the district agreeable to a majority of the
19-12 directors. If no location can be agreed upon, the organizational
19-13 meeting of the directors shall be at the Milam County Courthouse.
19-14 SECTION 3.16. CONFIRMATION ELECTION. (a) The initial board
19-15 of directors shall call and hold an election on the same date in
19-16 each county within the district to confirm the creation of the
19-17 district.
19-18 (b) Except as provided by this section, a confirmation
19-19 election must be conducted as provided by Sections 36.017, 36.018,
19-20 and 36.019, Water Code, and Section 41.001, Election Code.
19-21 (c) Confirmation of the district requires a vote in favor of
19-22 confirmation by a majority of the qualified voters voting in the
19-23 election.
19-24 (d) If the establishment of the district is not confirmed by
19-25 an election held under this section before the second anniversary
19-26 of the effective date of this Act, the district is dissolved and
20-1 this article expires on that date.
20-2 ARTICLE IV. LEON, MADISON, AND FREESTONE GROUNDWATER CONSERVATION
20-3 DISTRICT
20-4 SECTION 4.01. CREATION. (a) A groundwater conservation
20-5 district, to be known as the Leon, Madison, and Freestone
20-6 Groundwater Conservation District, is created in Leon, Madison, and
20-7 Freestone counties, subject to approval at a confirmation election
20-8 under Section 4.15 of this article. The district is a governmental
20-9 agency and a body politic and corporate.
20-10 (b) The district is created under and is essential to
20-11 accomplish the purposes of Section 59, Article XVI, Texas
20-12 Constitution.
20-13 SECTION 4.02. DEFINITION. In this article, "district" means
20-14 the Leon, Madison, and Freestone Groundwater Conservation District.
20-15 SECTION 4.03. BOUNDARIES. The boundaries of the Leon,
20-16 Madison, and Freestone Groundwater Conservation District are
20-17 coextensive with the boundaries of Leon, Madison, and Freestone
20-18 counties.
20-19 SECTION 4.04. FINDING OF BENEFIT. All of the land and other
20-20 property included within the boundaries of the district will be
20-21 benefitted by the works and projects that are to be accomplished by
20-22 the district under powers conferred by Section 59, Article XVI,
20-23 Texas Constitution. The district is created to serve a public use
20-24 and benefit.
20-25 SECTION 4.05. GENERAL POWERS. (a) Except as otherwise
20-26 provided by this article, the district has all of the rights,
21-1 powers, privileges, authority, functions, and duties provided by
21-2 the general law of this state, including Chapter 36, Water Code,
21-3 applicable to groundwater conservation districts created under
21-4 Section 59, Article XVI, Texas Constitution. This article prevails
21-5 over any provision of general law that is in conflict or
21-6 inconsistent with this article, including any provision of Chapter
21-7 36, Water Code.
21-8 (b) The district does not have the authority granted by the
21-9 following provisions of Chapter 36, Water Code:
21-10 (1) Section 36.105, relating to eminent domain; and
21-11 (2) Sections 36.020 and 36.201-36.204, relating to
21-12 taxes.
21-13 SECTION 4.06. FEES. (a) The board of directors of the
21-14 district by rule may impose reasonable fees on each well for which
21-15 a permit is issued by the district and that is not exempt from
21-16 regulation by the district. A fee may be based on the size of
21-17 column pipe used by the well or on the actual, authorized, or
21-18 anticipated amount of water to be withdrawn from the well.
21-19 (b) Fees shall not exceed:
21-20 (1) one dollar per acre foot for water used for
21-21 irrigating agricultural crops; or
21-22 (2) 17 cents per thousand gallons for water used for
21-23 any other purpose.
21-24 (c) In addition to the fee authorized under Subsection (b)
21-25 of this section, the district may assess a fee on groundwater from
21-26 a well that is produced for transport outside the district. The
22-1 combined fees may not exceed the limit on a fee amount set by
22-2 Section 36.205(c), Water Code.
22-3 (d) Fees authorized by this section may be assessed annually
22-4 and may be used to fund the cost of District operations and
22-5 operations.
22-6 SECTION 4.07. EXEMPTIONS.
22-7 (a) Pursuant to Section 36.117, Water Code, as amended, a
22-8 district may exempt wells from the requirements to obtain a
22-9 drilling permit, an operating permit, or any other permit required
22-10 by this chapter or the district's rules. A district may not
22-11 require a permit for:
22-12 (1) drilling or producing from a well either drilled,
22-13 completed, or equipped so that it is incapable of producing more
22-14 than 25,000 gallons of groundwater a day;
22-15 (2) the drilling or alteration of the size of a well
22-16 or to restrict the production of a well if the water produced or to
22-17 be produced from the well is used or to be used to supply the
22-18 domestic needs of 10 or fewer households and a person who is a
22-19 member of each household is either the owner of the well, a person
22-20 related to the owner or a member of the owner's household within
22-21 the second degree by consanguinity, or an employee of the owner;
22-22 (3) the drilling or alteration of the size of a well
22-23 or to restrict the production from the well if the water produced
22-24 or to be produced from the well is used or to be used to provide
22-25 water for feeding livestock and poultry connected with farming,
22-26 ranching, or dairy enterprises; or
23-1 (4) water wells to supply water for hydrocarbon
23-2 production activities, regardless of whether those wells are
23-3 producing, that are associated with any well permitted by the
23-4 Railroad Commission of Texas drilled before September 1, 1985.
23-5 (b) The board shall adopt rules determining the
23-6 applicability of Subsection (a)(3) to facilities used primarily for
23-7 feeding livestock.
23-8 (c) The district shall not deny the owner of a tract of
23-9 land, or his lessee, who has no well equipped to produce more than
23-10 25,000 gallons a day on the tract, either a permit to drill a well
23-11 on his land or the privilege to produce groundwater from his land,
23-12 subject to the rules of the district.
23-13 (d) A district may not restrict the production of any well
23-14 equipped to produce 25,000 gallons or less a day.
23-15 (e) Water wells exempted under this section shall be
23-16 equipped and maintained so as to conform to the district's rules
23-17 requiring installation of casing, pipe, and fittings to prevent the
23-18 escape of groundwater from a groundwater reservoir to any reservoir
23-19 not containing groundwater and to prevent the pollution or harmful
23-20 alteration of the character of the water in any groundwater
23-21 reservoir.
23-22 (f) A district shall require water wells exempted under this
23-23 section to be registered with the district before drilling. All
23-24 exempt water wells shall be equipped and maintained so as to
23-25 conform to the district's rules requiring installation of casing,
23-26 pipe, and fittings to prevent the escape of groundwater from a
24-1 groundwater reservoir to any reservoir not containing groundwater
24-2 and to prevent the pollution or harmful alteration of the character
24-3 of the water in any groundwater reservoir.
24-4 (g) A well to supply water for a subdivision of land for
24-5 which a plat approval is required by law is not exempted under this
24-6 section.
24-7 SECTION 4.08. MINING EXEMPTION. (a) A groundwater well
24-8 that is used by a mining operation and permitted by the Railroad
24-9 Commission of Texas is exempt from permit requirements,
24-10 regulations, and fees imposed by the district if the amount of
24-11 water withdrawn from the well is not greater than the amount
24-12 required by the mining operation for mining purposes. A mining
24-13 operation that withdraws the amount of water required for mining
24-14 purposes, uses that water for mining purposes, and then puts that
24-15 water to another use does not forfeit the exemption granted by this
24-16 section, but any production of water in addition to water withdrawn
24-17 for mining purposes is subject to district permitting and
24-18 regulation.
24-19 (b) The district may require a well used for mining purposes
24-20 and exempt under this section to comply with the spacing
24-21 requirements of the district if any withdrawals from that well are
24-22 in addition to withdrawals for mining purposes.
24-23 (c) A mining operation may voluntarily waive the exemption
24-24 granted by this section.
24-25 SECTION 4.09. MITIGATION ASSISTANCE. In addition to the
24-26 authority granted under Chapter 36, Water Code, the district may
25-1 assist in the mediation between landowners regarding the mitigation
25-2 of the loss of existing groundwater supply of exempt domestic and
25-3 livestock users due to the groundwater pumping of others.
25-4 SECTION 4.10. MEMBERSHIP ON COORDINATING COUNCIL. The
25-5 district is a member of the Central Carrizo-Wilcox Coordinating
25-6 Council created by Section 5.01(a) of this Act.
25-7 SECTION 4.11. MANAGEMENT PLAN. The district shall develop
25-8 or contract to develop its own management plan under Section
25-9 36.1071, Water Code, and submit it to the Central Carrizo-Wilcox
25-10 Coordinating Council to be included in the management plan
25-11 developed by the Central Carrizo-Wilcox Coordinating Council under
25-12 Section 5.06 of this Act.
25-13 SECTION 4.12. PERMITTING. (a) The district shall issue
25-14 permits for wells based on the consideration of whether:
25-15 (1) the application conforms to the requirements
25-16 prescribed by Chapter 36, Water Code, and is accompanied by the
25-17 prescribed fees;
25-18 (2) the proposed use of water is consistent with the
25-19 district's certified water management plan;
25-20 (3) the proposed use of water is dedicated to any
25-21 beneficial use;
25-22 (4) the applicant has agreed to avoid waste and
25-23 achieve water conservation; and
25-24 (5) the applicant has agreed that reasonable diligence
25-25 will be used to protect groundwater quality and that the applicant
25-26 will follow well plugging guidelines at the time of well closure.
26-1 (6) the proposed use would not present the possibility
26-2 of unreasonable interference with the production of water from
26-3 exempt, existing, or previously permitted wells;
26-4 (7) the proposed use would not unreasonably interfere
26-5 with an adjoining landowner's ability to produce water from his
26-6 property.
26-7 SECTION 4.13. BOARD OF DIRECTORS. (a) The district is
26-8 governed by a board of nine directors.
26-9 (b) Initial directors serve until permanent directors are
26-10 appointed under Section 4.13 of this article and qualified as
26-11 required by Subsection (d) of this section.
26-12 (c) Permanent directors serve four-year staggered terms.
26-13 (d) Each director must qualify to serve as a director in the
26-14 manner provided by Section 36.055, Water Code.
26-15 (e) A director serves until the director's successor has
26-16 qualified.
26-17 (f) A director may serve consecutive terms.
26-18 (g) If there is a vacancy on the board, the governing body
26-19 of the entity that appointed the director who vacated the office
26-20 shall appoint a director to serve the remainder of the term.
26-21 (h) Directors are not entitled to receive compensation for
26-22 serving as a director but may be reimbursed for actual, reasonable
26-23 expenses incurred in the discharge of official duties.
26-24 (i) A majority vote of a quorum is required for board
26-25 action. If there is a tie vote, the proposed action fails.
26-26 SECTION 4.14. APPOINTMENT OF DIRECTORS. (a) The Leon
27-1 County Commissioners Court shall appoint three directors, of whom:
27-2 (1) one must represent the interests of rural water
27-3 suppliers or municipalities in the county, or both;
27-4 (2) one must represent agriculture interests in the
27-5 county; and
27-6 (3) one must represent industrial interests in the
27-7 county.
27-8 (b) The Madison County Commissioners Court shall appoint
27-9 three directors, of whom:
27-10 (1) one must represent the interests of rural water
27-11 suppliers or municipalities in the county, or both;
27-12 (2) one must represent agriculture interests in the
27-13 county; and
27-14 (3) one must represent industrial interests in the
27-15 county.
27-16 (c) The Freestone County Commissioners Court shall appoint
27-17 three directors, of whom:
27-18 (1) one must represent the interests of rural water
27-19 suppliers or municipalities in the county, or both;
27-20 (2) one must represent agriculture interests in the
27-21 county; and
27-22 (3) one must represent industrial interests in the
27-23 county.
27-24 (d) Each of the governing bodies authorized by this section
27-25 to make an appointment shall appoint the appropriate number of
27-26 initial directors as soon as practicable following the effective
28-1 date of this Act, but not later than the 45th day after the
28-2 effective date of this Act.
28-3 (e) The initial directors shall draw lots to determine their
28-4 terms. A simple majority of the initial directors, if an odd
28-5 number of initial directors are appointed, or half the initial
28-6 directors, if an even number of initial directors are appointed,
28-7 serve terms that expire on January 1 of the fourth year following
28-8 the confirmation of the district at an election held under Section
28-9 4.15 of this article. The remaining initial directors serve terms
28-10 that expire on January 1 of the second year following the
28-11 confirmation of the district. On January 1 of the second year
28-12 following confirmation of the district and every two years after
28-13 that date, the appropriate commissioners courts shall appoint the
28-14 appropriate number of permanent directors.
28-15 SECTION 4.15. ORGANIZATIONAL MEETING. As soon as
28-16 practicable after all the initial directors have been appointed and
28-17 have qualified as provided by this article, a majority of the
28-18 directors shall convene the organizational meeting of the district
28-19 at a location within the district agreeable to a majority of the
28-20 directors. If no location can be agreed upon, the organizational
28-21 meeting of the directors shall be at the Leon County Courthouse.
28-22 SECTION 4.16. CONFIRMATION ELECTION. (a) The initial board
28-23 of directors shall call and hold an election on the same date in
28-24 each county within the district to confirm the creation of the
28-25 district.
28-26 (b) Except as provided by this section, a confirmation
29-1 election must be conducted as provided by Sections 36.017, 36.018,
29-2 and 36.019, Water Code, and Section 41.001, Election Code.
29-3 (c) If the majority of qualified voters in a county who vote
29-4 in the election vote to confirm the creation of the district, that
29-5 county is included in the district. If the majority of qualified
29-6 voters in a county who vote in the election vote not to confirm the
29-7 creation of the district, that county is excluded from the
29-8 district.
29-9 (d) If the creation of the district is not confirmed by an
29-10 election held under this section before the second anniversary of
29-11 the effective date of this Act, the district is dissolved and this
29-12 article expires on that date.
29-13 ARTICLE V. CENTRAL CARRIZO-WILCOX COORDINATING COUNCIL
29-14 SECTION 5.01. CREATION. (a) The Central Carrizo-Wilcox
29-15 Coordinating Council is created.
29-16 (b) The council is created under and is essential to
29-17 accomplish the purposes of Section 59, Article XVI, Texas
29-18 Constitution.
29-19 (c) The council is created to provide regional management of
29-20 groundwater resources within its boundaries in order to preserve a
29-21 sustainable water supply for the future by protecting, recharging,
29-22 and preventing the waste of groundwater and by controlling
29-23 subsidence caused by withdrawal of water from the groundwater
29-24 reservoirs.
29-25 SECTION 5.02. BOUNDARIES. The boundaries of the Central
29-26 Carrizo-Wilcox Coordinating Council are coextensive with the
30-1 boundaries of Bastrop, Lee, Robertson, Brazos, Milam, Leon,
30-2 Madison, and Freestone counties.
30-3 SECTION 5.03. DEFINITIONS. In this article:
30-4 (1) "Council" means the Central Carrizo-Wilcox
30-5 Coordinating Council.
30-6 (2) "District" includes:
30-7 (A) the Brazos Valley Groundwater Conservation
30-8 District;
30-9 (B) the Milam Burleson Groundwater Conservation
30-10 District;
30-11 (C) the Leon, Madison, and Freestone Groundwater
30-12 Conservation District;
30-13 (D) the Lost Pines Groundwater Conservation
30-14 District; and
30-15 (E) any other groundwater district created in
30-16 Bastrop, Lee, Robertson, Brazos, Milam, Leon, Madison, or Freestone
30-17 County, or in any combination of any of those counties.
30-18 SECTION 5.04. FINDING OF BENEFIT. All of the land and other
30-19 property included within the boundaries of the council will be
30-20 benefitted by regional management of groundwater resources, the
30-21 works and projects that are to be accomplished by the council under
30-22 powers conferred by Section 59, Article XVI, Texas Constitution.
30-23 The council is created to serve a public use and benefit.
30-24 SECTION 5.05. AUTHORITY OF COUNCIL. The council does not
30-25 have the powers granted by Chapter 36, Water Code, except as stated
30-26 in this article and as authorized by the districts. The failure of
31-1 one or more of the districts' confirmation elections does not
31-2 affect the authority of the council.
31-3 SECTION 5.06. MANAGEMENT PLAN. (a) The council shall:
31-4 (1) coordinate and maintain a management plan for the
31-5 council's coordinating area;
31-6 (2) collect and maintain data required for management
31-7 of groundwater resources within its boundaries;
31-8 (3) coordinate the districts regarding management plan
31-9 issues; and
31-10 (4) disseminate information and monitor implementation
31-11 of the management plan among the districts.
31-12 (b) The council shall coordinate the comprehensive
31-13 management plan, as required by Sections 36.1071 and 36.1073, Water
31-14 Code, for all of the counties within its boundaries. In
31-15 coordinating the comprehensive management plan, the council shall
31-16 include and use the management plans developed by the individual
31-17 districts.
31-18 (c) In the management plan the council may establish an
31-19 annual total groundwater withdrawal limit and equitable allocation
31-20 for each district as determined from an evaluation of the overall
31-21 scientific data of the groundwater resources in the region,
31-22 including the Texas Water Development Board's groundwater
31-23 availability model. The determination of sustainable groundwater
31-24 withdrawal shall be reviewed at least every five years. An
31-25 individual district may not restrict the total amount of
31-26 groundwater withdrawn in the district to less than the limit as
32-1 determined from the evaluation of scientific data established under
32-2 this subsection. If the council establishes an annual total
32-3 groundwater withdrawal limit and that limit is reached, groundwater
32-4 withdrawal used for public water supply shall only be restricted by
32-5 unanimous vote of the council.
32-6 (d) On completion of the comprehensive management plan and
32-7 after approval of the plan by vote of at least 75 percent of the
32-8 council, the council shall forward a copy of the management plan
32-9 and any amendment to the plan to the Texas Water Development Board
32-10 as required by Section 36.1072, Water Code. In preparing the
32-11 comprehensive management plan and its amendments, the council shall
32-12 consider:
32-13 (1) the goals of the management plan and its impact on
32-14 planning throughout the management area;
32-15 (2) the effectiveness of the measures established by
32-16 the management plan for conserving and protecting groundwater and
32-17 preventing waste, and the effectiveness of these measures in the
32-18 management area generally; and
32-19 (3) any other matters that the council considers
32-20 relevant to the protection and conservation of groundwater and the
32-21 prevention of waste in the management area.
32-22 SECTION 5.07. MANAGEMENT OF COUNCIL. (a) The districts'
32-23 representatives appointed to the council shall manage all affairs
32-24 of the council.
32-25 (b) The council may contract with any person, public or
32-26 private, as the council requires to conduct its affairs. The
33-1 council shall set the compensation and terms for consultants.
33-2 (c) In selecting an attorney, engineer, auditor, financial
33-3 advisor, or other professional consultant, the council must follow
33-4 the procedures of Subchapter A, Chapter 2254, Government Code
33-5 (Professional Services Procurement Act).
33-6 (d) The council shall require an officer or consultant who
33-7 collects, pays, or handles any council funds to furnish good and
33-8 sufficient bond, payable to the council, in an amount determined by
33-9 the council to be sufficient to safeguard the council. The bond
33-10 shall be conditioned on the faithful performance of that person's
33-11 duties and on an accounting for all council funds and property.
33-12 The bond shall be signed or endorsed by a surety company authorized
33-13 to do business in this state.
33-14 SECTION 5.08. MEETINGS. (a) The council shall hold a
33-15 regular annual meeting. It may hold meetings at other times as
33-16 required for council business.
33-17 (b) Notice of council meetings shall be given as required by
33-18 the open meetings law, Chapter 551, Government Code.
33-19 (c) The council shall hold its meetings in accordance with
33-20 the open meetings law, Chapter 551, Government Code.
33-21 SECTION 5.09. RECORDS. (a) The council shall keep a
33-22 complete account of all its meetings and proceedings and shall
33-23 preserve all council records in a safe place.
33-24 (b) Council records are the property of the council and are
33-25 subject to Chapter 552, Government Code.
33-26 (c) The preservation, storage, destruction, or other
34-1 disposition of council records are subject to Chapter 201, Local
34-2 Government Code, and rules adopted under that chapter.
34-3 SECTION 5.10. RESEARCH, SURVEYS, AND COLLECTION AND
34-4 DISSEMINATION OF INFORMATION. (a) The council may, but only as
34-5 authorized by the districts:
34-6 (1) perform research projects authorized by Section
34-7 36.107, Water Code;
34-8 (2) coordinate surveys under Section 36.106, Water
34-9 Code, of the groundwater reservoir or subdivision and of the
34-10 facilities for development, production, transportation,
34-11 distribution, and use of the water, to determine the:
34-12 (A) quantity of water available for production
34-13 and use; and
34-14 (B) improvements, development, and recharging
34-15 needed by a reservoir or its subdivision;
34-16 (3) collect information under Section 36.107, Water
34-17 Code, including information regarding the use of groundwater, water
34-18 conservation, and the practicability of recharging a groundwater
34-19 reservoir;
34-20 (4) publish its plans and the information it develops,
34-21 bring them to the attention of the users of groundwater in the
34-22 council area, and encourage the users to adopt and use them, under
34-23 Section 36.110, Water Code; and
34-24 (5) develop programs to educate the public about the
34-25 aquifers in the management area, water conservation, and the
34-26 prevention of pollution of the aquifer.
35-1 (b) A unanimous vote of the council is required before the
35-2 council may take an action authorized by Subsection (a) of this
35-3 section.
35-4 SECTION 5.11. FUNDING. (a) The council shall be funded by
35-5 assessments to each district, in proportion to the amount of
35-6 groundwater pumped on which production fees are assessed by the
35-7 district, for:
35-8 (1) coordination and maintenance of a management plan
35-9 for the council's coordinating area;
35-10 (2) collection and maintenance of data required for
35-11 management of groundwater resources within its boundaries;
35-12 (3) coordination of the districts regarding management
35-13 plan issues;
35-14 (4) dissemination of information and monitoring of
35-15 implementation of the management plan among the districts;
35-16 (5) holding of regular council meetings; and
35-17 (6) contracting with any person, public or private, as
35-18 the council requires to accomplish the duties of this subsection.
35-19 (b) The council may be funded for services other than those
35-20 listed in Subsection (a) of this section, in any manner determined
35-21 appropriate by unanimous vote of the council, or provided for by
35-22 interlocal agreement.
35-23 SECTION 5.12. SUITS. All courts shall take judicial notice
35-24 of the creation of the council and of its boundaries. Sections
35-25 36.066(f) and (g), Water Code, pertaining to suits, apply to the
35-26 council.
36-1 SECTION 5.13. CONTRACTS. The council may contract in the
36-2 name of the council.
36-3 SECTION 5.14. DISTRICT COORDINATION. (a) The council may
36-4 enter into interlocal agreements with its member districts to
36-5 provide for administrative assistance and other services identified
36-6 in Section 5.10 of this article.
36-7 (b) The council may coordinate the activities of the
36-8 districts to the extent authorized by the districts.
36-9 (c) The council may mediate disputes concerning the
36-10 regulation of groundwater along the boundaries of each district
36-11 and, in the event that the council is unable to reach a resolution,
36-12 it may petition the Texas Natural Resource Conservation Commission
36-13 for resolution of the dispute under Section 36.108, Water Code.
36-14 SECTION 5.15. MITIGATION OF GROUNDWATER DEPLETION. (a) The
36-15 council shall determine biennially, using the overall available
36-16 scientific data of groundwater resources in the Central
36-17 Carrizo-Wilcox area, whether pumping within one district is
36-18 unreasonably affecting groundwater wells in one or more other
36-19 member districts. The council may enact mitigation measures in
36-20 response to such unreasonable adverse effects only if the measures
36-21 are based on a scientific determination made under this Subsection
36-22 and three-fourths of the members of the council vote to enact the
36-23 measures.
36-24 (b) The council may assist in the mediation between
36-25 landowners regarding the mitigation of the loss of existing
36-26 groundwater supply of exempt domestic and livestock users due to
37-1 the groundwater pumping of others in adjoining districts within the
37-2 council boundaries.
37-3 SECTION 5.16. COMPOSITION OF COUNCIL. (a) The council
37-4 consists of three representatives of each district, appointed by
37-5 and serving at the pleasure of the directors of the district.
37-6 (b) After the council is created and the districts select
37-7 their three representatives to serve on the council, the council
37-8 shall meet and elect a president, vice president, secretary, and
37-9 any other officers or assistant officers the council considers
37-10 necessary and shall begin to discharge its duties.
37-11 (c) A quorum for a council meeting is achieved only if:
37-12 (1) a majority of the membership of the council is
37-13 present; and
37-14 (2) each district has a representative at the meeting.
37-15 SECTION 5.17. COORDINATION WITH THE BLUEBONNET GROUNDWATER
37-16 CONSERVATION DISTRICT. (a) The council shall coordinate
37-17 activities with the Bluebonnet Groundwater Conservation District or
37-18 any other groundwater conservation district created in Grimes,
37-19 Washington, Austin, or Waller counties if the groundwater
37-20 conservation district chooses to coordinate activities.
37-21 (b) The Bluebonnet Groundwater Conservation District or any
37-22 other groundwater conservation district created in Grimes,
37-23 Washington, Austin, or Waller counties may appoint a nonvoting
37-24 representative to the council.
37-25 (c) The council may perform duties described in this article
37-26 for the Bluebonnet Groundwater Conservation District or any other
38-1 groundwater conservation district created in Grimes, Washington,
38-2 Austin, or Waller counties through interlocal agreements.
38-3 ARTICLE VI. PROCEDURAL REQUIREMENTS; EFFECTIVE DATE
38-4 SECTION 6.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
38-5 (a) The proper and legal notice of the intention to introduce this
38-6 Act, setting forth the general substance of this Act, has been
38-7 published as provided by law, and the notice and a copy of this Act
38-8 have been furnished to all persons, agencies, officials, or
38-9 entities to which they are required to be furnished by the
38-10 constitution and other laws of this state, including the governor,
38-11 who has submitted the notice and Act to the Texas Natural Resource
38-12 Conservation Commission.
38-13 (b) The Texas Natural Resource Conservation Commission has
38-14 filed its recommendations relating to this Act with the governor
38-15 and speaker of the house of representatives within the required
38-16 time.
38-17 (c) All requirements of the constitution and laws of this
38-18 state and the rules and procedures of the legislature with respect
38-19 to the notice, introduction, and passage of this Act are fulfilled
38-20 and accomplished.
38-21 SECTION 6.02. EFFECTIVE DATE. This Act takes effect
38-22 September 1, 2001.