By Wentworth                                          S.B. No. 1704
         77R4037 SGA-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, taxing authority, and
 1-4     financing of the Southeast Trinity Groundwater Conservation
 1-5     District.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. RATIFICATION OF CREATION.  The creation by Chapter
 1-8     1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
 1-9     Bill 1911), of the Southeast Trinity Groundwater Conservation
1-10     District is ratified as required by Section 15(a) of that Act,
1-11     subject to approval at a confirmation election under Section 8 of
1-12     this Act.
1-13           SECTION 2. DEFINITIONS. In this Act:
1-14                 (1)  "Board" means the board of directors of the
1-15     Southeast Trinity Groundwater Conservation District.
1-16                 (2)  "Commission" means the Texas Natural Resource
1-17     Conservation Commission.
1-18                 (3)  "District" means the Southeast Trinity Groundwater
1-19     Conservation District.
1-20           SECTION 3. BOUNDARIES. The boundaries of the  district are:
1-21           BEGINNING at the point of intersection of the Bexar County -
1-22     Comal County - Kendall County line:
1-23           THENCE following the meanders of the Cibolo Creek, the Bexar
1-24     County - Comal County line in an Easterly direction to the point of
 2-1     intersection with latitude 29  40':
 2-2           THENCE along 29  40' in a Southeasterly direction to the
 2-3     point of intersection with Farm to Market Road 3009:
 2-4           THENCE with the centerline of Farm to Market Road 3009 in a
 2-5     Southerly direction to the point of intersection with the
 2-6     centerline of Schoenthal Road:
 2-7           THENCE with the centerline of Schoenthal Road in a
 2-8     Northeasterly direction to the point of intersection with the
 2-9     centerline of Farm to Market Road 1863:
2-10           THENCE with the centerline of Farm to Market Road 1863 in an
2-11     Easterly direction to the point of intersection with the centerline
2-12     of Mission Valley Road:
2-13           THENCE with the centerline of Mission Valley Road in a
2-14     Northeasterly direction to the point of intersection with the
2-15     centerline of State Highway 46;
2-16           THENCE with the centerline of State Highway 46 in a
2-17     Northwesterly direction to the point of intersection with the
2-18     centerline of Hueco Springs Loop Road:
2-19           THENCE with the centerline of Hueco Springs Loop Road in a
2-20     Northeasterly then Easterly direction to the point of intersection
2-21     with the centerline of River Road:
2-22           THENCE with the centerline of River Road in a Northeasterly
2-23     direction to the point of intersection with the Guadalupe River at
2-24     the First Crossing:
2-25           THENCE following the meanders of the Guadalupe River in a
2-26     Northerly direction to the point of intersection of the center
2-27     lines of the Guadalupe River and Deep Creek:
 3-1     (Note: the next four paragraphs coincide with the Southern boundary
 3-2     of Comal County Voters Precinct 18)
 3-3           THENCE along the meanders of Deep Creek in a Northeasterly
 3-4     direction to the point of intersection of the centerline of Deep
 3-5     Creek and the South line of the G. F. Lawrence Survey No. 33,
 3-6     Abstract No. 358:
 3-7           THENCE with the South line of the G. F. Lawrence Survey No.
 3-8     33, Abstract No. 358 in a Northeasterly, Southeasterly, and
 3-9     Northeasterly direction to the point of intersection of the South
3-10     centerline of Farm to Market Road 306 being at approximately
3-11     Engineers Station 397+98.3:
3-12           THENCE with the centerline of Farm to Market Road 306 in a
3-13     Southeasterly direction to the point of intersection of the center
3-14     lines of Farm to Market Road 306 and the William Pfeuffer private
3-15     ranch road:
3-16           THENCE with the approximate bearing N 69  E and approximate
3-17     distance 5,000 feet to an angle point in the Comal County - Hayes
3-18     County Line:
3-19           THENCE with the Comal County - Hays County line in a
3-20     Northwesterly direction to the point of intersection of the Comal
3-21     County - Hays County line with the Comal County Blanco County line:
3-22           THENCE with the Comal County - Blanco County line in a
3-23     Southwesterly direction to the point of intersection of the Comal
3-24     County - Blanco County - Kendall County line, continuing with the
3-25     Comal County - Kendall County line in a Southwesterly direction to
3-26     point of intersection of the Kendall County -Comal County - Bexar
 4-1     County line being the Point of Beginning.
 4-2           SECTION 4. FINDINGS RELATIVE TO BOUNDARIES. The legislature
 4-3     finds that the boundaries and field notes of the district form a
 4-4     closure.  A mistake in the field notes or in copying the field
 4-5     notes in the legislative process does not affect the organization,
 4-6     existence, or validity of the district, the right of the district
 4-7     to levy and collect taxes, or the legality or operation of the
 4-8     district or its governing body.
 4-9           SECTION 5. GENERAL POWERS. (a)  Except as otherwise provided
4-10     by this Act, the district has all of the rights, powers,
4-11     privileges, authority, functions, and duties provided by the
4-12     general law of this state, including Chapter 36, Water Code,
4-13     applicable to groundwater conservation districts created under
4-14     Section 59, Article XVI, Texas Constitution.  This Act prevails
4-15     over any provision of general law that is in conflict with or
4-16     inconsistent with this Act.
4-17           (b)  The district has no regulatory jurisdiction over the
4-18     Edwards Aquifer or any surface water supply.
4-19           (c)  The board of directors of the district by rule may
4-20     impose reasonable fees, including fees for groundwater transported
4-21     out of the district, on each groundwater well in the district that
4-22     is not exempt from regulation by the district, based on the amount
4-23     of water withdrawn from the well. The fees may be assessed
4-24     annually, based on the size of column pipe used in the wells, pump
4-25     capacity, or actual, authorized, or anticipated pumpage, to pay the
4-26     maintenance and operating expenses of the district's regulation of
4-27     groundwater.
 5-1           (d)  The district may assess an ad valorem property tax not
 5-2     to exceed seven cents per $100 valuation for administrative,
 5-3     operation, and maintenance expenses if approved by a majority of
 5-4     the qualified voters voting in an election authorizing the tax.
 5-5           (e)  Any district conservation fee paid by a retail public
 5-6     utility to the district shall be:
 5-7                 (1)  collected by the retail public utility directly as
 5-8     a regulatory fee from the customers of the utility and paid to the
 5-9     district; and
5-10                 (2)  shown as a separate line item on the customer's
5-11     bill.
5-12           (f)  Fees may not be assessed for groundwater withdrawn from
5-13     the Edwards Aquifer.
5-14           (g)  The district shall determine which classes of wells are
5-15     exempt from permitting requirements.
5-16           (h)  The district may not require a permit for:
5-17                 (1)  the drilling or producing from a well either
5-18     drilled, completed, or equipped so that it is capable of producing
5-19     less than 10,000 gallons of water per day; or
5-20                 (2)  the drilling or alteration of the size of a well
5-21     or to restrict the production of a well if the water produced or to
5-22     be produced from the well is or will be used to supply the domestic
5-23     needs of five or fewer households in which a person who is a member
5-24     of each household is either the owner of the well, a person related
5-25     to the owner or a member of the owner's household within the second
5-26     degree by consanguinity, or an employee of the owner.
5-27           (i)  The district may construct, implement, and maintain best
 6-1     management practices in the district and may engage in and promote
 6-2     acceptance of best management practices through education efforts
 6-3     sponsored by the district for the purposes of water quality and
 6-4     water availability practices, such as brush management, recharge
 6-5     enhancement, water and silt detention and retention structures,
 6-6     plugging of abandoned wells, and other treatment measures for the
 6-7     conservation of groundwater resources.    
 6-8           SECTION 6. BOARD OF DIRECTORS. (a)  The district is governed
 6-9     by a board of five directors.
6-10           (b)  The temporary directors appointed by the Comal County
6-11     Commissioners Court shall serve until initial directors are elected
6-12     under Section 8 of this Act.
6-13           (c)  The temporary directors are:
6-14                 (1)  Christian Dullnig;
6-15                 (2)  Ernest T. Lee;
6-16                 (3)  Jill Sondeen;
6-17                 (4)  Larry Hull; and
6-18                 (5)  Stovy Bowlin.
6-19           (d)  Initial directors will be elected at the confirmation
6-20     election and will serve until permanent directors are elected under
6-21     Section 9 of this Act.
6-22           (e)  Permanent directors serve staggered four-year terms.
6-23           (f)  Each director must qualify to serve as director in the
6-24     manner provided by Section 36.055, Water Code.
6-25           (g)  A director serves until the director's successor has
6-26     qualified.
6-27           (h)  If there is a vacancy on the board, the remaining
 7-1     directors shall appoint a director to serve the remainder of the
 7-2     term.  If the vacant office is not scheduled for election for more
 7-3     than two years at the time of the appointment, the board shall
 7-4     order an election for the unexpired term to be held as part of the
 7-5     next regularly scheduled director's election.  The appointed
 7-6     director's term shall end on qualification of the director elected
 7-7     at that election. If at any time there are fewer than three
 7-8     qualified directors, the Comal County Commissioners Court shall
 7-9     appoint the necessary number of persons to fill all vacancies on
7-10     the board.
7-11           (i)  Directors may serve consecutive terms.
7-12           SECTION 7. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
7-13     PRECINCTS. (a)  The directors of the district shall be elected
7-14     according to the commissioners precincts method as provided by this
7-15     section.
7-16           (b)  One director shall be elected by the qualified voters of
7-17     the entire district, and one director shall be elected from each
7-18     county commissioners precinct by the qualified voters of that
7-19     precinct.  No more than two precincts may be in a single
7-20     municipality.
7-21           (c)  To be eligible to be a candidate for or to serve as
7-22     director at large, a person must reside in and be a registered
7-23     voter in the district.  To be eligible to be a candidate for or to
7-24     serve as director from a county commissioners precinct, a person
7-25     must reside in and be a registered voter in that precinct.
7-26           (d)  A person eligible to be a candidate for director under
7-27     Subsection (c) of this section may request a place on the ballot as
 8-1     a write-in candidate, subject to two restrictions:
 8-2                 (1)  in an election for board members, a write-in vote
 8-3     may not be counted unless the name written in appears on the list
 8-4     of write-in candidates; and
 8-5                 (2)  a declaration of write-in candidacy must be filed
 8-6     not later than 5 p.m. of the 45th day before election day.  
 8-7           SECTION 8. CONFIRMATION ELECTION AND ELECTION OF INITIAL
 8-8     DIRECTORS. (a) As soon as practicable after the effective date of
 8-9     this Act, the temporary board of directors shall set the date for,
8-10     call, and hold an election:
8-11                 (1)  to confirm establishment of the district;  
8-12                 (2)  to elect five initial directors; and
8-13                 (3)  to confirm the authority to tax.
8-14           (b)  The election shall be held on the first authorized
8-15     election date after the U.S. Department of Justice has pre-cleared
8-16     this Act. The district shall contract with the Comal County Clerk
8-17     to conduct the election.
8-18           (c)  The elected initial directors shall draw lots to
8-19     determine their terms so that:
8-20                 (1)  two of the initial directors serve two-year terms
8-21     that expire on the uniform election date in November of the second
8-22     year after the date the initial directors were elected; and
8-23                 (2)  the remaining three initial directors serve
8-24     four-year terms that expire on the uniform election date in
8-25     November of the fourth year after the year in which the initial
8-26     directors were elected.
8-27           (d)  Section 41.001(a), Election Code, does not apply to a
 9-1     confirmation and directors election held as provided by this
 9-2     section.
 9-3           (e)  Except as provided by this section, a confirmation and
 9-4     directors election must be conducted as provided by Sections
 9-5     36.017(b)-(h), Water Code, and the Election Code.
 9-6           (f)  The Comal County Commissioners Court shall pay the
 9-7     expenses of conducting the confirmation and initial directors
 9-8     election, subject to reimbursement from available revenues if the
 9-9     establishment of the district is confirmed or from funds allocated
9-10     under Section 36.160, Water Code, if the establishment of the
9-11     district is defeated.
9-12           (g) If the district is defeated, the temporary directors may
9-13     call and hold subsequent elections to confirm establishment of the
9-14     district. A subsequent election may not be held earlier than the
9-15     first anniversary of the date on which the previous election was
9-16     held.
9-17           SECTION 9. ELECTION OF REGULAR DIRECTORS. (a)  On the uniform
9-18     election date in November of the second year after the year in
9-19     which the initial directors were elected, an election shall be held
9-20     in the district to elect two regular directors for the positions of
9-21     the two initial directors serving two-year terms.
9-22           (b)  On the uniform election date in November of each
9-23     subsequent second year following the election held under Subsection
9-24     (a) of this section, an election shall be held to elect the
9-25     appropriate number of regular directors to the board. 
9-26           SECTION 10. COORDINATION.  The district may coordinate
9-27     activities with other groundwater districts that regulate the
 10-1    Trinity Aquifer for the purposes of jointly managing the common
 10-2    resource.
 10-3          SECTION 11. MODIFICATION OF DISTRICT.  A district created
 10-4    under this Act may be modified only as prescribed by Subchapter J,
 10-5    Chapter 36, Water Code, or by subsequent acts of the Texas
 10-6    Legislature.
 10-7          SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
 10-8    The proper and legal notice of the intention to introduce this Act,
 10-9    setting forth the general substance of this Act, has been published
10-10    as provided by law, and the notice and a copy of this Act have been
10-11    furnished to all persons, agencies, officials, or entities to which
10-12    they are required to be furnished by the constitution and other
10-13    laws of this state, including the governor, who has submitted the
10-14    notice and Act to the commission.
10-15          (b)  The commission has filed its recommendations relating to
10-16    this Act with the governor, lieutenant governor, and speaker of the
10-17    house of representatives within the required time.
10-18          (c)  All requirements of the constitution and laws of this
10-19    state and the rules and procedures of the legislature with respect
10-20    to the notice, introduction, and passage of this Act are fulfilled
10-21    and accomplished.
10-22          SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a)  This Act
10-23    takes effect September 1, 2001.
10-24          (b)  If the district has not been confirmed at an election
10-25    held under Section 8 of this Act before the fourth anniversary of
10-26    the effective date of this Act, the district is dissolved on that
10-27    date, except that any debts incurred shall be paid and the
 11-1    organization of the district shall be maintained until all debts
 11-2    are paid.