78R5090 QS-F
By: Christian H.B. No. 1419
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operations, and financing of the Southeast Texas Groundwater
Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Southeast Texas Groundwater
Conservation District.
SECTION 2. CREATION. (a) A groundwater conservation
district, to be known as the Southeast Texas Groundwater
Conservation District, is created in Jasper and Newton counties
subject to approval at a confirmation election held under Section
14 of this Act.
(b) The district is a governmental agency and political
subdivision of this state.
SECTION 3. AUTHORITY FOR CREATION. The district is created
under and is essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
SECTION 4. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 5. BOUNDARIES. The boundaries of the district are
coextensive with the boundaries of Jasper and Newton counties.
SECTION 6. GENERAL POWERS. (a) Except as provided by this
Act, the district has all of the rights, powers, privileges,
authority, functions, and duties provided by the general law of
this state, including Chapter 36, Water Code, applicable to
groundwater conservation districts created under Section 59,
Article XVI, Texas Constitution.
(b) Chapter 49, Water Code, does not apply to the district.
SECTION 7. ADDITIONAL POWERS. (a) The district by rule may
require a person to obtain a permit from the district for the
transfer of groundwater out of the district consistent with Section
36.122, Water Code, and may regulate the terms on which a permit
holder may conduct such a transfer.
(b) The board by rule may assess a reasonable production fee
on each well for which a permit is issued by the district and that is
not exempt from regulation by the district. The fee must be based
on the amount of water to be withdrawn from the well and may not
exceed one cent per thousand gallons for groundwater withdrawn for
any purpose.
SECTION 8. LIMITATIONS ON POWERS; EXEMPTIONS. (a) The
district may not:
(1) require a permit for a well incapable of producing
more than 25,000 gallons of groundwater a day;
(2) impose a tax;
(3) exercise the power of eminent domain;
(4) issue and sell any bonds or notes in the name of
the district that pledge revenue derived from taxation; or
(5) purchase groundwater rights unless the purchased
rights are acquired for conservation purposes and are permanently
held in trust not to be produced.
(b) A well meeting the criteria established under Section
36.117, Water Code, including a well used for dewatering and
monitoring in the production of coal and lignite, is exempt from
permit requirements, regulations, and fees imposed by the district.
SECTION 9. APPLICABILITY OF OTHER LAW. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 10. BOARD OF DIRECTORS. (a) The district is
governed by a board of seven directors. Directors are appointed as
provided by Section 12 of this Act. When a county is added to the
district, the board may change the number of directors so that an
equal number of directors is appointed from each county and one
director is appointed jointly by all the counties.
(b) Except as provided by Section 11 of this Act, directors
serve staggered three-year terms.
(c) Each director must qualify to serve as a director in the
manner provided by Section 36.055, Water Code.
(d) Directors may serve consecutive terms.
(e) If there is a vacancy on the board, the governing body of
the county or counties that appointed the director who vacated the
office shall appoint a director to serve the remainder of the term.
The board shall adopt rules or bylaws to establish when a vacancy
has occurred.
(f) Directors are not entitled to receive compensation for
serving as a director but may be reimbursed for actual, reasonable
expenses incurred in the discharge of official duties.
(g) A majority vote of a quorum is required for board
action. If there is a tie vote, the proposed action fails.
SECTION 11. INITIAL DIRECTORS. (a) The terms of two
initial directors expire on December 31, 2006. The terms of two
initial directors expire on December 31, 2005. The terms of the
three remaining initial directors, including the director
appointed jointly by the counties, expire on December 31, 2004.
(b) Subject to Subsection (a) of this section, the three
initial directors from each county shall draw lots to determine
their terms.
SECTION 12. APPOINTMENT OF DIRECTORS. (a) The Jasper
County Commissioners Court shall appoint three directors as
follows:
(1) one to represent the rural water and utilities and
small municipal water supply interests;
(2) one to represent the large industrial groundwater
supply interests of the county; and
(3) one to represent large municipal utilities.
(b) The Newton County Commissioners Court shall appoint
three directors as follows:
(1) one to represent the rural water and utilities and
small municipal water supply interests;
(2) one to represent the forestry or agricultural
groundwater supply interests of the county; and
(3) one to represent municipalities.
(c) The Jasper County Commissioners Court and the Newton
County Commissioners Court jointly shall appoint one director to
represent the forestry, agricultural, or landowner groundwater
interests of both counties. The jointly appointed director shall
serve as the presiding officer of the board.
(d) In each year following the appointment of the initial
directors, the appropriate number of directors shall be appointed.
(e) A person is not disqualified from serving as a director
because that person is an employee, manager, director, or officer
of a groundwater producer that is or may be regulated by the
district.
(f) If the creation of the district is confirmed at a
confirmation election under Section 14 of this Act in only one of
the counties:
(1) the directors appointed from the county in which
the creation of the district is not confirmed and the director
appointed jointly by the two commissioners courts are not eligible
to serve as directors of the district; and
(2) the commissioners court in the county in which the
creation of the district is confirmed shall appoint two additional
directors, at least one of whom must represent the forestry,
agricultural, or landowner groundwater interests of the county.
SECTION 13. ORGANIZATIONAL MEETING. As soon as practicable
after all the initial directors are appointed as provided by
Section 12 of this Act, a majority of the directors shall convene
the organizational meeting of the district and take office at that
time. The meeting must be convened at a location in the district
agreeable to a majority of the directors. If no location can be
agreed upon, the organizational meeting shall be held at the Jasper
County Courthouse.
SECTION 14. CONFIRMATION ELECTION. (a) The initial board
of directors shall call and hold an election on the same date in
each county within the district to confirm the creation of the
district.
(b) Except as provided by this Act, a confirmation election
must be conducted as provided by Sections 36.017, 36.018, and
36.019, Water Code, and Section 41.001, Election Code.
(c) If the majority of qualified voters in a county who vote
in the election vote to confirm the creation of the district, that
county is included in the district. If the majority of qualified
voters in a county who vote in the election vote not to confirm the
creation of the district, that county is excluded from the
district.
(d) If the creation of the district is not confirmed by an
election held under this section before the second anniversary of
the effective date of this Act, the district is dissolved and this
Act expires on that date.
SECTION 15. ADDITION OF OTHER COUNTIES TO DISTRICT. (a)
The commissioners court of an adjacent county that seeks to join the
district may petition the district by resolution.
(b) If the board finds after a hearing on the resolution
that the addition of the county would benefit the district and the
county to be added, the board by resolution may approve the addition
of the county to the district.
(c) The addition of a county to the district under this
section is not final until ratified by a majority vote of the
qualified voters in the county to be added in an election held for
that purpose.
(d) The ballots for the election shall be printed to provide
for voting for or against the proposition: "The inclusion of
_______ County in the Southeast Texas Groundwater Conservation
District."
(e) The notice of the election, the manner and the time of
giving notice, the manner of holding the election, and the
qualifications of the voters are governed by the Election Code.
SECTION 16. LANDOWNERS' RIGHTS. The rights of landowners
and their lessees and assigns in groundwater within the district
are recognized. Nothing in this Act shall be construed to deprive
or divest the owners or their lessees or assigns of their rights,
subject to district rules.
SECTION 17. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The legal notice of the intention to introduce this Act,
setting forth the general substance of this Act, has been published
as provided by law, and the notice and a copy of this Act have been
furnished to all persons, agencies, officials, or entities to which
they are required to be furnished under Section 59, Article XVI,
Texas Constitution, and Chapter 313, Government Code.
(b) The governor has submitted the notice and Act to the
commission.
(c) The commission has filed its recommendations relating
to this Act with the governor, lieutenant governor, and speaker of
the house of representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 18. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.