By Staples S.B. No. 979
77R3311 QS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operations, and financing of the Pineywoods Groundwater
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A groundwater conservation
1-7 district, to be known as the Pineywoods Groundwater Conservation
1-8 District, is created in Angelina and Nacogdoches counties subject
1-9 to approval at a confirmation election held under Section 10 of
1-10 this Act. The district is a governmental agency and body politic
1-11 and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Pineywoods Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Angelina and Nacogdoches
1-19 counties.
1-20 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-21 property included within the boundaries of the district will be
1-22 benefited by the works and projects that are to be accomplished by
1-23 the district under powers conferred by Section 59, Article XVI,
1-24 Texas Constitution. The district is created to serve a public use
2-1 and benefit.
2-2 SECTION 5. POWERS. (a) Except as provided by this section,
2-3 the district has all of the rights, powers, privileges, authority,
2-4 functions, and duties provided by the general law of this state,
2-5 including Chapter 36, Water Code, applicable to groundwater
2-6 conservation districts created under Section 59, Article XVI, Texas
2-7 Constitution. Chapter 49, Water Code, does not apply to the
2-8 district. This Act prevails over any provision of general law that
2-9 is in conflict or inconsistent with this Act.
2-10 (b) The district by rule may require a person to obtain a
2-11 permit from the district for the transfer of groundwater out of the
2-12 district consistent with Section 36.122, Water Code, and may
2-13 regulate the terms on which a permit holder under those rules may
2-14 conduct such a transfer. A retail public utility as defined by
2-15 Section 13.002, Water Code, is not required to obtain a permit to
2-16 transfer groundwater out of the district if:
2-17 (1) the source of the water is one or more wells
2-18 located within the district; and
2-19 (2) the water is used by the retail public utility to
2-20 provide retail water utility service, as defined by Section 13.002,
2-21 Water Code.
2-22 (c) The district may not require a permit for a well
2-23 incapable of producing more than 25,000 gallons of groundwater a
2-24 day.
2-25 (d) The district may not levy or collect taxes in the
2-26 district.
2-27 (e) The board of directors of the district by rule may
3-1 impose reasonable fees on each well for which a permit is issued by
3-2 the district and which is not exempt from regulation by the
3-3 district. The fee shall be based on the amount of water to be
3-4 withdrawn from the well and may not exceed $0.01 per thousand
3-5 gallons for groundwater withdrawn for any purpose.
3-6 (f) A well meeting the criteria established under Section
3-7 36.117, Water Code, including a well used for dewatering and
3-8 monitoring in the production of coal and lignite, is exempt from
3-9 permit requirements, regulations, and fees imposed by the district.
3-10 (g) The district may not:
3-11 (1) exercise the power of eminent domain;
3-12 (2) issue and sell any type of tax supported bonds or
3-13 notes in the name of the district; or
3-14 (3) purchase, sell, transport, or distribute surface
3-15 water or groundwater for any purpose.
3-16 SECTION 6. BOARD OF DIRECTORS. (a) The district is
3-17 governed by a board of seven directors. Directors are appointed as
3-18 provided by Section 7 of this Act. When a county is added to the
3-19 district, the board may change the number of directors so that an
3-20 equal number of directors is appointed from each county and one
3-21 director is appointed jointly by the counties.
3-22 (b) Except for the initial term, all directors serve
3-23 three-year terms. The terms of two initial directors expire on
3-24 December 31, 2004. The terms of two initial directors expire on
3-25 December 31, 2003. The terms of the three remaining directors,
3-26 including the term of the initial director who will serve as the
3-27 joint two-county representative, expire on December 31, 2002.
4-1 (c) Subject to Subsection (b) of this section, the initial
4-2 directors shall draw lots on a county-by-county basis to determine
4-3 terms of their three initial directors.
4-4 (d) Each director must qualify to serve as a director in the
4-5 manner provided by Section 36.055, Water Code.
4-6 (e) A director serves until the director's successor has
4-7 qualified.
4-8 (f) Directors may serve consecutive terms.
4-9 (g) If there is a vacancy on the board, the governing body
4-10 of the entity that appointed the director who vacated the office
4-11 shall appoint a director to serve the remainder of the term.
4-12 (h) Directors are not entitled to receive compensation for
4-13 serving as a director but may be reimbursed for actual, reasonable
4-14 expenses incurred in the discharge of official duties.
4-15 (i) A majority vote of a quorum is required for board
4-16 action. If there is a tie vote, the proposed action fails.
4-17 SECTION 7. APPOINTMENT OF DIRECTORS. (a) The Angelina
4-18 County Commissioners Court shall appoint two directors. One
4-19 director shall represent the rural water and utilities and small
4-20 municipal water supply interests, and one director shall represent
4-21 the large industrial groundwater supply interests of the county.
4-22 (b) The Nacogdoches County Commissioners Court shall appoint
4-23 two directors. One director shall represent the rural water and
4-24 utilities and small municipal water supply interests, and one
4-25 director shall represent the agricultural groundwater supply
4-26 interests of the county.
4-27 (c) The Lufkin City Council shall appoint one director.
5-1 (d) The Nacogdoches City Council shall appoint one director.
5-2 (e) The Angelina County Commissioners Court and the
5-3 Nacogdoches County Commissioners Court shall jointly appoint one
5-4 director to represent the groundwater interests of both counties.
5-5 SECTION 8. ORGANIZATIONAL MEETING. As soon as practicable
5-6 after all the initial directors are appointed as provided in this
5-7 Act, a majority of the directors shall convene the organizational
5-8 meeting of the district at a location within the district agreeable
5-9 to a majority of the directors at which time the directors will
5-10 take office. If no location can be agreed upon, the organizational
5-11 meeting of the directors shall be at the Nacogdoches County
5-12 Courthouse.
5-13 SECTION 9. LANDOWNERS' RIGHTS. The rights of landowners and
5-14 their lessees and assigns in groundwater within the district are
5-15 recognized. Nothing in this Act shall be construed to deprive or
5-16 divest the owners or their lessees and assigns of their rights,
5-17 subject to district rules.
5-18 SECTION 10. CONFIRMATION ELECTION. (a) The initial board
5-19 of directors shall call and hold an election to confirm the
5-20 establishment of the district.
5-21 (b) Except as provided by this section, a confirmation
5-22 election must be conducted as provided by Sections 36.017(b)-(h),
5-23 Water Code, and the Election Code.
5-24 (c) If the establishment of the district is not confirmed at
5-25 an election held under this section before the second anniversary
5-26 of the effective date of this Act, this Act expires on that date.
5-27 SECTION 11. ADDITION OF OTHER COUNTIES TO DISTRICT. (a) An
6-1 adjacent county that wishes to join the district shall petition the
6-2 district by resolution of the commissioners court of the county.
6-3 (b) If the board finds after a hearing on the resolution
6-4 that the addition of the county would benefit the district and the
6-5 county to be added, the board by resolution may approve the
6-6 addition of the county to the district.
6-7 (c) The addition of a county to the district under this
6-8 section is not final until ratified by a majority vote of the
6-9 qualified voters in the county to be added voting in an election
6-10 held for that purpose.
6-11 (d) The ballots for the election shall be printed to provide
6-12 for voting for or against the proposition: "The inclusion of
6-13 _________ County in the Pineywoods Groundwater Conservation
6-14 District."
6-15 (e) The notice of the election, the manner and the time of
6-16 giving the notice, the manner of holding the election, and the
6-17 qualifications of the voters are governed by the Election Code.
6-18 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-19 (a) The proper and legal notice of the intention to introduce this
6-20 Act, setting forth the general substance of this Act, has been
6-21 published as provided by law, and the notice and a copy of this Act
6-22 have been furnished to all persons, agencies, officials, or
6-23 entities to which they are required to be furnished by the
6-24 constitution and the laws of this state, including the governor,
6-25 who has submitted the notice and Act to the Texas Natural Resource
6-26 Conservation Commission.
6-27 (b) The Texas Natural Resource Conservation Commission has
7-1 filed its recommendations relating to this Act with the governor,
7-2 lieutenant governor, and speaker of the house of representatives
7-3 within the required time.
7-4 (c) All the requirements of the constitution and the laws of
7-5 this state and rules and procedures of the legislature with respect
7-6 to the notice, introduction, and passage of this Act are fulfilled
7-7 and accomplished.
7-8 SECTION 13. This Act takes effect immediately if it receives
7-9 a vote of two-thirds of all the members elected to each house, as
7-10 provided by Section 39, Article III, Texas Constitution. If this
7-11 Act does not receive the vote necessary for immediate effect, this
7-12 Act takes effect September 1, 2001.