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. The district
2-18 may determine that a transfer of groundwater produced within the
2-19 district's boundaries for use outside the district's boundaries
2-20 will not be considered a transfer outside the district if:
2-21 (1) the transfer is for use as a potable water supply
2-22 by a retail public utility as defined by Section 13.002, Water
2-23 Code, and is within an authorized service area of which an
2-24 appropriate portion, as determined by the district, is located
2-25 inside the district's boundaries; or
2-26 (2) the transfer involves an emergency potable water
3-1 interconnect between retail public utilities, as defined by Section
3-2 13.002, Water Code.
3-3 (c) The district may not levy or collect taxes in the
3-4 district.
3-5 (d) The board of directors of the district:
3-6 (1) May set fees for administrative acts of the
3-7 district, such as filing applications. Fees set by a district may
3-8 not unreasonably exceed the cost to the district of performing the
3-9 administrative function for which the fee is charged.
3-10 (2) Shall set and collect fees for all services
3-11 provided outside the boundaries of the district. The fees may not
3-12 unreasonably exceed the cost to the district of providing the
3-13 services outside the district.
3-14 (3) May assess production fees based on the amount of
3-15 water authorized by permit to be withdrawn from a well or the
3-16 amount actually withdrawn. A district may assess the fees in lieu
3-17 of, or in conjunction with, any taxes otherwise levied by the
3-18 district. A district may use revenues generated by the fees for
3-19 any lawful purpose. Production fees shall not exceed:
3-20 (A) $1 per acre-foot payable annually for water
3-21 used for agricultural use; or
3-22 (B) $10 per acre-foot payable annually for water
3-23 used for any other purpose.
3-24 (4) May assess a production fee under Subdivision (3)
3-25 of this subsection for any water produced under an exemption under
3-26 Section 36.117, Water Code, if that water is subsequently sold to
4-1 another person.
4-2 (e) A well meeting the criteria established under Section
4-3 36.117, Water Code, including a well used for dewatering and
4-4 monitoring in the production of coal and lignite, is exempt from
4-5 permit requirements, regulations, and fees imposed by the district.
4-6 (f) The district may not:
4-7 (1) exercise the power of eminent domain;
4-8 (2) issue and sell bonds or notes in the name of the
4-9 district; or
4-10 (3) purchase groundwater rights unless the purchased
4-11 rights are acquired for conservation purposes and are permanently
4-12 held in trust not to be produced.
4-13 SECTION 6. BOARD OF DIRECTORS. (a) The district is
4-14 governed by a board of directors appointed as provided by Section 7
4-15 of this Act.
4-16 (b) Except for the initial term, all directors appointed by
4-17 the county commissioners court in each county in the district serve
4-18 four-year terms. The director appointed jointly under Subsection
4-19 (b), Section 7 of this Act, serves a two-year term. The terms of
4-20 four initial directors will expire at the end of the calendar year
4-21 two years after the effective date of this Act and the terms of
4-22 three initial directors will expire at the end of the calendar year
4-23 four years after the effective date of this Act.
4-24 (c) Subject to Subsection (b) of this section, the initial
4-25 directors appointed by the county commissioners court in each
4-26 county shall draw lots to determine one initial director from each
5-1 county who shall serve a two-year term. The other initial
5-2 directors shall serve terms of four years.
5-3 (d) Each director must qualify to serve as a director in the
5-4 manner provided by Section 36.055, Water Code.
5-5 (e) A director serves until the director's successor has
5-6 qualified.
5-7 (f) Directors may serve consecutive terms.
5-8 (g) If there is a vacancy on the board of directors, the
5-9 governing body of the entity that appointed the director who
5-10 vacated the office shall appoint a director to serve the remainder
5-11 of the term.
5-12 (h) Directors are not entitled to receive compensation for
5-13 serving as a director but may be reimbursed for actual, reasonable
5-14 expenses incurred in the discharge of official duties.
5-15 (i) A majority vote of a quorum is required for board
5-16 action. If there is a tie vote, the proposed action fails.
5-17 SECTION 7. APPOINTMENT OF DIRECTORS. (a) The commissioners
5-18 court of each county in the district shall appoint one director to
5-19 represent the rural water and utilities and small municipal water
5-20 supply interests of the county and one director to represent the
5-21 agriculture, industry, or landowner groundwater supply interests of
5-22 the county.
5-23 (b) The governing body of the most populous municipality in
5-24 each county in the district, acting jointly with the governing body
5-25 of the most populous municipality in each other county in the
5-26 district, shall appoint one director representing those
6-1 municipalities. The governing bodies shall appoint residents of
6-2 the district on a rotating basis so that a resident of each county
6-3 is appointed every sixth year.
6-4 (c) The governing bodies authorized by this section to make
6-5 an appointment shall appoint the appropriate number of directors as
6-6 soon as practicable after the effective date of this Act, but not
6-7 later than the 45th day after the effective date of this Act.
6-8 SECTION 8. ORGANIZATIONAL MEETING. As soon as practicable
6-9 after all the initial directors are appointed as provided in this
6-10 Act, a majority of the directors shall convene the organizational
6-11 meeting of the district at a location within the district agreeable
6-12 to a majority of the directors at which time the directors will
6-13 take office. If no location can be agreed upon, the organizational
6-14 meeting of the directors shall be at the Anderson County
6-15 Courthouse.
6-16 SECTION 9. CONFIRMATION ELECTION. (a) The initial board of
6-17 directors shall call and hold an election on the same date in each
6-18 county within the district to confirm the creation of the district.
6-19 (b) Except as provided by this section, a confirmation
6-20 election must be conducted as provided by Sections 36.017, 36.018,
6-21 and 36.019, Water Code, and Section 41.001, Election Code.
6-22 (c) If the majority of qualified voters in a county who vote
6-23 in the election vote to confirm the creation of the district, that
6-24 county is included in the district. If the majority of qualified
6-25 voters in a county who vote in the election vote not to confirm the
6-26 creation of the district, that county is excluded from the
7-1 district.
7-2 (d) If the creation of the district is not confirmed by an
7-3 election held under this section before the second anniversary of
7-4 the effective date of this Act, the district is dissolved and this
7-5 Act expires on that date.
7-6 SECTION 10. ADDITION OF OTHER COUNTIES OR CERTAIN
7-7 UNDERGROUND WATER DISTRICTS TO DISTRICT. (a) An adjacent county
7-8 or an underground water conservation district whose boundaries lie
7-9 wholly within the boundaries of the Neches and Trinity Valleys
7-10 Groundwater Conservation District that wishes to join the district
7-11 shall petition the district by resolution of the commissioners
7-12 court of the county or the board of directors of the underground
7-13 water conservation district.
7-14 (b) If the board of directors finds after a hearing on the
7-15 resolution that the addition of the county or underground water
7-16 conservation district would benefit the district and the county or
7-17 underground water conservation district to be added, the board by
7-18 resolution may approve the addition of the county or underground
7-19 water conservation district to the district.
7-20 (c) The addition of a county or underground water
7-21 conservation district to the district under this section is not
7-22 final until ratified by a majority vote of the qualified voters in
7-23 the county or within the boundaries of the underground water
7-24 conservation district to be added voting in an election held for
7-25 that purpose.
7-26 (d) The ballots for the election shall be printed to provide
8-1 for voting for or against the proposition: "The inclusion of
8-2 _______ County in the Neches and Trinity Valleys Groundwater
8-3 Conservation District." or "The inclusion of ________ Underground
8-4 Water Conservation District in the Neches and Trinity Valleys
8-5 Groundwater Conservation District."
8-6 (e) The notice of the election, the manner and the time of
8-7 giving the notice, the manner of holding the election, and the
8-8 qualifications of the voters are governed by the Election Code.
8-9 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
8-10 (a) The proper and legal notice of the intention to introduce this
8-11 Act, setting forth the general substance of this Act, has been
8-12 published as provided by law, and the notice and a copy of this Act
8-13 have been furnished to all persons, agencies, officials, or
8-14 entities to which they are required to be furnished by the
8-15 constitution and the laws of this state, including the governor,
8-16 who has submitted the notice and this Act to the Texas Natural
8-17 Resource Conservation Commission.
8-18 (b) The Texas Natural Resource Conservation Commission has
8-19 filed its recommendations relating to this Act with the governor,
8-20 lieutenant governor, and speaker of the house of representatives
8-21 within the required time.
8-22 (c) All the requirements of the constitution and the laws of
8-23 this state and rules and procedures of the legislature with respect
8-24 to the notice, introduction, and passage of this Act are fulfilled
8-25 and accomplished.
8-26 SECTION 12. EFFECTIVE DATE. This Act takes effect
9-1 immediately if it receives a vote of two-thirds of all the members
9-2 elected to each house, as provided by Section 39, Article III,
9-3 Texas Constitution. If this Act does not receive the vote
9-4 necessary for immediate effect, this Act takes effect September 1,
9-5 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1821 passed the Senate on
May 14, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting; and that the Senate concurred in House amendments on
May 25, 2001, by the following vote: Yeas 30, Nays 0, one present
not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1821 passed the House, with
amendments, on May 23, 2001, by the following vote: Yeas 145,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor