By: Staples S.B. No. 1821
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 Neches and Trinity Valleys
1-4 Groundwater 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 Neches and Trinity Valleys Groundwater
1-8 Conservation District, is created in Anderson, Cherokee, and
1-9 Henderson counties subject to approval at a confirmation election
1-10 held under Section 9 of this Act. The district is a governmental
1-11 agency and body politic 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 Neches and Trinity Valleys Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of:
1-19 (1) Anderson County, save and except all of that
1-20 portion of Anderson County included within the Anderson County
1-21 Underground Water Conservation District as defined in particular in
1-22 Section 4, Chapter 992, Acts of the 70th Legislature, Regular
1-23 Session, 1987;
1-24 (2) Cherokee County; and
1-25 (3) Henderson County.
2-1 SECTION 4. FINDING OF BENEFIT. All of the land and other
2-2 property included within the boundaries of the district will be
2-3 benefitted by the works and projects that are to be accomplished by
2-4 the district under powers conferred by Section 59, Article XVI,
2-5 Texas Constitution. The district is created to serve a public use
2-6 and benefit.
2-7 SECTION 5. POWERS. (a) Except as provided by this section,
2-8 the district has all of the rights, powers, privileges, authority,
2-9 functions, and duties provided by the general law of this state,
2-10 including Chapter 36, Water Code, applicable to groundwater
2-11 conservation districts created under Section 59, Article XVI, Texas
2-12 Constitution. Chapter 49, Water Code, does not apply to the
2-13 district. This Act prevails over any provision of general law that
2-14 is in conflict or inconsistent with this Act.
2-15 (b) The district by rule may require a person to obtain a
2-16 permit from the district for the transfer of groundwater out of the
2-17 district consistent with Section 36.122, Water Code, and may
2-18 regulate the terms on which a permit holder under those rules may
2-19 conduct such a transfer. A retail public utility as defined by
2-20 Section 13.002, Water Code, is not required to obtain a permit to
2-21 transfer groundwater out of the district if:
2-22 (1) the source of the water is one or more wells
2-23 located within the district; and
2-24 (2) the water is used by the retail public utility to
2-25 provide retail water utility service, as defined by Section 13.002,
2-26 Water Code.
3-1 (c) The district may not levy or collect taxes in the
3-2 district.
3-3 (d) The board of directors of the district by rule may
3-4 impose reasonable fees on each well for which a permit is issued by
3-5 the district and which is not exempt from regulation by the
3-6 district. The fee shall be based on the amount of water to be
3-7 withdrawn from the well and may not exceed $0.25 per acre-foot for
3-8 water used for irrigating agricultural crops or operating existing
3-9 steam electric stations or $0.0425 per thousand gallons for water
3-10 used for any other purpose. The fees may be assessed annually,
3-11 based on the size of column pipe used in the wells, the production
3-12 capacity of the well, or actual, authorized, or anticipated
3-13 pumpage.
3-14 (e) A well meeting the criteria established under Section
3-15 36.117, Water Code, including a well used for dewatering and
3-16 monitoring in the production of coal and lignite, is exempt from
3-17 permit requirements, regulations, and fees imposed by the district.
3-18 (f) The district may not:
3-19 (1) exercise the power of eminent domain;
3-20 (2) issue and sell bonds or notes in the name of the
3-21 district; or
3-22 (3) purchase groundwater rights unless the purchased
3-23 rights are acquired for conservation purposes and are permanently
3-24 held in trust not to be produced.
3-25 SECTION 6. BOARD OF DIRECTORS. (a) The district is
3-26 governed by a board of directors appointed as provided by Section 7
4-1 of this Act.
4-2 (b) Except for the initial term, all directors appointed by
4-3 the county commissioners court in each county in the district serve
4-4 four-year terms. The director appointed jointly under Subsection
4-5 (b), Section 7 of this Act, serves a two-year term. The terms of
4-6 four initial directors will expire at the end of the calendar year
4-7 two years after the effective date of this Act and the terms of
4-8 three initial directors will expire at the end of the calendar year
4-9 four years after the effective date of this Act.
4-10 (c) Subject to Subsection (b) of this section, the initial
4-11 directors appointed by the county commissioners court in each
4-12 county shall draw lots to determine one initial director from each
4-13 county who shall serve a two-year term. The other initial
4-14 directors shall serve terms of four years.
4-15 (d) Each director must qualify to serve as a director in the
4-16 manner provided by Section 36.055, Water Code.
4-17 (e) A director serves until the director's successor has
4-18 qualified.
4-19 (f) Directors may serve consecutive terms.
4-20 (g) If there is a vacancy on the board of directors, the
4-21 governing body of the entity that appointed the director who
4-22 vacated the office shall appoint a director to serve the remainder
4-23 of the term.
4-24 (h) Directors are not entitled to receive compensation for
4-25 serving as a director but may be reimbursed for actual, reasonable
4-26 expenses incurred in the discharge of official duties.
5-1 (i) A majority vote of a quorum is required for board
5-2 action. If there is a tie vote, the proposed action fails.
5-3 SECTION 7. APPOINTMENT OF DIRECTORS. (a) The commissioners
5-4 court of each county in the district shall appoint one director to
5-5 represent the rural water and utilities and small municipal water
5-6 supply interests of the county and one director to represent the
5-7 agriculture, industry, or landowner groundwater supply interests of
5-8 the county.
5-9 (b) The governing body of the most populous municipality in
5-10 each county in the district, acting jointly with the governing body
5-11 of the most populous municipality in each other county in the
5-12 district, shall appoint one director representing those
5-13 municipalities. The governing bodies shall appoint residents of
5-14 the district on a rotating basis so that a resident of each county
5-15 is appointed every sixth year.
5-16 (c) The governing bodies authorized by this section to make
5-17 an appointment shall appoint the appropriate number of directors as
5-18 soon as practicable after the effective date of this Act, but not
5-19 later than the 45th day after the effective date of this Act.
5-20 SECTION 8. ORGANIZATIONAL MEETING. As soon as practicable
5-21 after all the initial directors are appointed as provided in this
5-22 Act, a majority of the directors shall convene the organizational
5-23 meeting of the district at a location within the district agreeable
5-24 to a majority of the directors at which time the directors will
5-25 take office. If no location can be agreed upon, the organizational
5-26 meeting of the directors shall be at the Anderson County
6-1 Courthouse.
6-2 SECTION 9. CONFIRMATION ELECTION. (a) The initial board of
6-3 directors shall call and hold an election on the same date in each
6-4 county within the district to confirm the creation of the district.
6-5 (b) Except as provided by this section, a confirmation
6-6 election must be conducted as provided by Sections 36.017, 36.018,
6-7 and 36.019, Water Code, and Section 41.001, Election Code.
6-8 (c) If the majority of qualified voters in a county who vote
6-9 in the election vote to confirm the creation of the district, that
6-10 county is included in the district. If the majority of qualified
6-11 voters in a county who vote in the election vote not to confirm the
6-12 creation of the district, that county is excluded from the
6-13 district.
6-14 (d) If the creation of the district is not confirmed by an
6-15 election held under this section before the second anniversary of
6-16 the effective date of this Act, the district is dissolved and this
6-17 Act expires on that date.
6-18 SECTION 10. ADDITION OF OTHER COUNTIES OR CERTAIN
6-19 UNDERGROUND WATER DISTRICTS TO DISTRICT. (a) An adjacent county
6-20 or an underground water conservation district whose boundaries lie
6-21 wholly within the boundaries of the Neches and Trinity Valleys
6-22 Groundwater Conservation District that wishes to join the district
6-23 shall petition the district by resolution of the commissioners
6-24 court of the county or the board of directors of the underground
6-25 water conservation district.
6-26 (b) If the board of directors finds after a hearing on the
7-1 resolution that the addition of the county or underground water
7-2 conservation district would benefit the district and the county or
7-3 underground water conservation district to be added, the board by
7-4 resolution may approve the addition of the county or underground
7-5 water conversation district to the district.
7-6 (c) The addition of a county or underground water
7-7 conservation district to the district under this section is not
7-8 final until ratified by a majority vote of the qualified voters in
7-9 the county or within the boundaries of the underground water
7-10 conservation district to be added voting in an election held for
7-11 that purpose.
7-12 (d) The ballots for the election shall be printed to provide
7-13 for voting for or against the proposition: "The inclusion of
7-14 _______ County in the Neches and Trinity Valleys Groundwater
7-15 Conservation District." or "The inclusion of ________ Underground
7-16 Water Conservation District in the Neches and Trinity Valleys
7-17 Groundwater Conservation District."
7-18 (e) The notice of the election, the manner and the time of
7-19 giving the notice, the manner of holding the election, and the
7-20 qualifications of the voters are governed by the Election Code.
7-21 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
7-22 (a) The proper and legal notice of the intention to introduce this
7-23 Act, setting forth the general substance of this Act, has been
7-24 published as provided by law, and the notice and a copy of this Act
7-25 have been furnished to all persons, agencies, officials, or
7-26 entities to which they are required to be furnished by the
8-1 constitution and the laws of this state, including the governor,
8-2 who has submitted the notice and this Act to the Texas Natural
8-3 Resource Conservation Commission.
8-4 (b) The Texas Natural Resource Conservation Commission has
8-5 filed its recommendations relating to this Act with the governor,
8-6 lieutenant governor, and speaker of the house of representatives
8-7 within the required time.
8-8 (c) All the requirements of the constitution and the laws of
8-9 this state and rules and procedures of the legislature with respect
8-10 to the notice, introduction, and passage of this Act are fulfilled
8-11 and accomplished.
8-12 SECTION 12. EFFECTIVE DATE. This Act takes effect
8-13 immediately if it receives a vote of two-thirds of all the members
8-14 elected to each house, as provided by Section 39, Article III,
8-15 Texas Constitution. If this Act does not receive the vote
8-16 necessary for immediate effect, this Act takes effect September 1,
8-17 2001.