By Wentworth S.B. No. 1630 77R5753 QS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the ratification of the creation of and to the 1-3 administration, powers, duties, operation, and financing of the Cow 1-4 Creek Groundwater Conservation District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. RATIFICATION OF CREATION. The creation by Chapter 1-7 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 1-8 Bill No. 1911), of the Cow Creek Groundwater Conservation District 1-9 in Kendall County is ratified as required by Section 15(a) of that 1-10 Act, subject to approval at a confirmation election under Section 8 1-11 of this Act. 1-12 SECTION 2. DEFINITIONS. In this Act: 1-13 (1) "District" means the Cow Creek Groundwater 1-14 Conservation District. 1-15 (2) "Retail public utility" means a retail public 1-16 utility as defined by Section 13.002, Water Code, that is providing 1-17 service in the district on the effective date of this Act. 1-18 (3) "Well" includes any excavation drilled or dug into 1-19 the ground that may intercept or penetrate a water bearing strata 1-20 or formation. 1-21 SECTION 3. BOUNDARIES. The boundaries of the district are 1-22 coextensive with the boundaries of Kendall County, Texas. 1-23 SECTION 4. GENERAL POWERS. (a) The district has all of the 1-24 rights, powers, privileges, authority, functions, and duties 2-1 provided by the general law of this state, including Chapter 36, 2-2 Water Code, applicable to groundwater conservation districts 2-3 created under Section 59, Article XVI, Texas Constitution. This 2-4 Act prevails over any provision of general law that is in conflict 2-5 or inconsistent with this Act, including any provision of Chapter 2-6 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 2-7 Bill No. 1911). 2-8 (b) Notwithstanding Subsection (a), the following provisions 2-9 prevail over a conflicting or inconsistent provision of this Act: 2-10 (1) Sections 36.1071-36.108, Water Code; 2-11 (2) Sections 36.159-36.161, Water Code; and 2-12 (3) Subchapter I, Chapter 36, Water Code. 2-13 SECTION 5. BOARD OF DIRECTORS. (a) The district is governed 2-14 by a board of five directors. 2-15 (b) Temporary directors serve until initial directors are 2-16 elected under Section 8 of this Act. 2-17 (c) Initial directors serve until permanent directors are 2-18 elected under Section 10 of this Act. 2-19 (d) Permanent directors serve staggered four-year terms. 2-20 (e) Each director must qualify to serve as director in the 2-21 manner provided by Section 36.055, Water Code. 2-22 (f) A director serves until the director's successor has 2-23 qualified. 2-24 (g) If there is a vacancy on the board, the remaining 2-25 directors shall appoint a director to serve until the next election 2-26 for directors. At the next election for directors, a person shall 2-27 be elected to fill the position. If the position is not scheduled 3-1 to be filled at the election, the person elected to fill the 3-2 position shall serve only for the remainder of the unexpired term. 3-3 SECTION 6. METHOD OF ELECTING DIRECTORS. (a) The directors 3-4 of the district shall be elected according to the commissioners 3-5 precinct method as provided by this section. 3-6 (b) One director shall be elected by the qualified voters of 3-7 the entire district, and one director shall be elected from each 3-8 county commissioners precinct by the qualified voters of that 3-9 precinct. 3-10 (c) To be qualified to be a candidate for or to serve as a 3-11 director at large, a person must be a registered voter in the 3-12 district. To be qualified to be a candidate for or to serve as a 3-13 director from a county commissioners precinct, a person must be a 3-14 registered voter of that precinct. 3-15 (d) A person shall indicate on the application for a place 3-16 on the ballot: 3-17 (1) the precinct that the person seeks to represent; 3-18 or 3-19 (2) that the person seeks to represent the district at 3-20 large. 3-21 (e) At the first election after the county commissioners 3-22 precincts are redrawn under Section 18, Article V, Texas 3-23 Constitution, four new directors shall be elected to represent the 3-24 precincts. The directors elected shall draw lots to determine 3-25 which two directors serve two-year terms and which two directors 3-26 serve four-year terms. 3-27 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 4-1 directors shall be appointed by the county commissioners court. The 4-2 county commissioners court shall appoint a temporary director from 4-3 each commissioners precinct and one director at large. 4-4 (b) If a temporary director fails to qualify for office, the 4-5 temporary directors who have qualified shall appoint a person to 4-6 fill the vacancy. If at any time there are fewer than three 4-7 qualified directors, the Texas Natural Resource Conservation 4-8 Commission shall appoint the necessary number of persons to fill 4-9 all vacancies on the board. 4-10 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 4-11 The temporary board of directors shall call and hold an election to 4-12 confirm establishment of the district and to elect initial 4-13 directors. 4-14 (b) At the confirmation and initial directors' election, the 4-15 temporary board of directors shall have placed on the ballot the 4-16 names of the five temporary directors, the name of any other 4-17 candidate filing for an initial director's position, and blank 4-18 spaces to write in the names of other persons. 4-19 (c) Section 41.001(a), Election Code, does not apply to a 4-20 confirmation and initial directors' election held as provided by 4-21 this section. 4-22 (d) Except as provided by this section, a confirmation and 4-23 initial directors' election must be conducted as provided by 4-24 Sections 36.017(b)-(h), Water Code, and the Election Code. 4-25 (e) If a majority of the votes cast at the election held 4-26 under this section is against the confirmation of the district, the 4-27 temporary directors may not call another election under this 5-1 section before the first anniversary of that election. 5-2 (f) If a majority of the votes cast at the election held 5-3 under this section is in favor of the creation of the district, the 5-4 temporary directors shall declare the district created. 5-5 (g) If the district is created at the confirmation election, 5-6 the temporary directors, at the time the vote is canvassed, shall 5-7 declare the candidate receiving the most votes from each 5-8 commissioners precinct and at large to be elected as initial 5-9 directors. 5-10 (h) The temporary directors shall file a copy of the 5-11 election results with the Texas Natural Resource Conservation 5-12 Commission. 5-13 SECTION 9. TERMS OF OFFICE OF INITIAL DIRECTORS. The initial 5-14 directors for precincts 2 and 3 shall serve as initial directors 5-15 until the first regular meeting of the board of directors held 5-16 after the first permanent director's election under Section 10 of 5-17 this Act. The initial directors for precincts 1 and 4 and the 5-18 initial director representing the district at large shall serve as 5-19 initial directors until the first regular meeting of the board of 5-20 directors held after the second permanent director's election under 5-21 Section 10 of this Act. 5-22 SECTION 10. ELECTION OF DIRECTORS. Beginning in the second 5-23 year after the year in which the creation of the district is 5-24 confirmed at a confirmation election, an election shall be held in 5-25 the district on the first Saturday in May every second year to 5-26 elect the appropriate number of directors to the board. 5-27 SECTION 11. ADDITIONAL AUTHORITY. (a) The district may 6-1 contract with one or more state agencies or other governmental 6-2 bodies, including a county, a river authority, or another district 6-3 to carry out any function of the district. 6-4 (b) The district may require a drilling permit before a new 6-5 well is drilled or an existing well is substantially altered. 6-6 Notwithstanding an exemption for a well under Section 36.117, Water 6-7 Code, written authorization from the district must be received 6-8 before a new well is drilled or an existing well is substantially 6-9 altered. 6-10 (c) The district may participate in the construction, 6-11 implementation, and maintenance of best management practices for 6-12 water resource management in the district and may engage in and 6-13 promote the acceptance of best management practices through 6-14 education efforts sponsored by the district. Construction, 6-15 implementation, and maintenance of best management practices must 6-16 address water quantity and quality practices such as brush 6-17 management, prescribed grazing, recharge structures, water and silt 6-18 detention and retention structures, plugging of abandoned wells, 6-19 rainwater harvesting, and other treatment measures for the 6-20 conservation of water resources. 6-21 (d) Reasonable fees, as determined by the district, may be 6-22 imposed on an annual basis on each nonexempt well. The district 6-23 shall adopt any rules necessary for the assessment and collection 6-24 of fees under this subsection. 6-25 (e) The district may use money collected from fees: 6-26 (1) in any manner necessary for the management and 6-27 operation of the district; 7-1 (2) to pay all or part of the principal of and 7-2 interest on district bonds or notes; and 7-3 (3) for any purpose consistent with the district's 7-4 certified water management plan. 7-5 (f) The district shall adopt rules providing for granting 7-6 exemptions from ad valorem taxes on property on which a water 7-7 conservation initiative has been implemented. The rules adopted by 7-8 the district must be consistent with the rules adopted by the 7-9 comptroller to implement Section 11.32, Tax Code. 7-10 (g) The rules must provide that a retail public utility is 7-11 eligible to receive an exemption from ad valorem taxes on property 7-12 on the same grounds as for any other district customer. To 7-13 encourage retail public utilities to obtain water supplies from 7-14 sources other than groundwater, the rules adopted by the district 7-15 under Subsection (f) must include an exemption from ad valorem 7-16 taxes on property served by a retail public utility based on: 7-17 (1) the percentage of potable water supplied within 7-18 the district by the retail public utility from sources other than 7-19 groundwater compared to the total water supplied by the retail 7-20 public utility for the preceding year; and 7-21 (2) the percentage of wastewater effluent produced by 7-22 the retail public utility that is used as reclaimed water within 7-23 the district compared to the total wastewater effluent produced by 7-24 the retail public utility for the preceding year. 7-25 (h) The district may consider the impact of floods and 7-26 equipment breakage upon the retail public utility's ability to 7-27 supply water from sources other than groundwater. 8-1 (i) The total amount of the exemption from ad valorem taxes 8-2 shall not exceed one-half of the tax imposed by the district. 8-3 SECTION 12. PROHIBITED ACTS. The district may not: 8-4 (1) impose an ad valorem tax for administrative, 8-5 operation, or maintenance expenses that exceeds the lesser of the 8-6 rate approved by the majority of the qualified voters voting in an 8-7 election authorizing the tax or three cents per $100 of assessed 8-8 valuation; 8-9 (2) require the owner of a well used solely for 8-10 domestic or livestock purposes to install a meter or measuring 8-11 device on the well; 8-12 (3) sell, transport, or export groundwater outside of 8-13 the district; or 8-14 (4) enter into a contract or engage in an action to 8-15 supply water to a person in the service area of any municipality or 8-16 retail public utility located in the district, except with the 8-17 express permission of the municipality or retail public utility. 8-18 SECTION 13. VALIDATION. (a) Any act or proceeding taken by 8-19 or on behalf of the Cow Creek Groundwater Conservation District 8-20 before the effective date of this Act is validated in all respects 8-21 as if the act or proceeding had occurred as authorized by law. 8-22 (b) Subsection (a) does not apply to any matter that on the 8-23 effective date of this Act: 8-24 (1) is involved in litigation if the litigation 8-25 ultimately results in the matter being held invalid by a final 8-26 judgment of a court of competent jurisdiction; or 8-27 (2) has been held invalid by a final judgment of a 9-1 court of competent jurisdiction. 9-2 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 9-3 The proper and legal notice of the intention to introduce this Act, 9-4 setting forth the general substance of this Act, has been published 9-5 as provided by law, and the notice and a copy of this Act have been 9-6 furnished to all persons, agencies, officials, or entities to which 9-7 they are required to be furnished by the constitution and other 9-8 laws of this state, including the governor, who has submitted the 9-9 notice and Act to the Texas Natural Resource Conservation 9-10 Commission. 9-11 (b) The Texas Natural Resource Conservation Commission has 9-12 filed its recommendations relating to this Act with the governor, 9-13 lieutenant governor, and speaker of the house of representatives 9-14 within the required time. 9-15 (c) All requirements of the constitution and laws of this 9-16 state and the rules and procedures of the legislature with respect 9-17 to the notice, introduction, and passage of this Act are fulfilled 9-18 and accomplished. 9-19 SECTION 15. EXPIRATION DATE; EFFECTIVE DATE. (a) If the 9-20 creation of the district is not confirmed at a confirmation 9-21 election held under Section 8 of this Act before September 1, 2003, 9-22 this Act expires on that date. 9-23 (b) This Act takes effect immediately if it receives a vote 9-24 of two-thirds of all the members elected to each house, as provided 9-25 by Section 39, Article III, Texas Constitution. If this Act does 9-26 not receive the vote necessary for immediate effect, this Act takes 9-27 effect September 1, 2001.