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