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By: Staples S.B. No. 1888
(In the Senate - Filed March 27, 2003; March 31, 2003, read
first time and referred to Committee on Natural Resources;
April 22, 2003, reported favorably by the following vote: Yeas 11,
Nays 0; April 22, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, 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) "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 under Section 13 of
this Act.
(b) The district is a governmental agency and a 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,
Texas.
SECTION 6. GENERAL POWERS. 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.
SECTION 7. ADDITIONAL POWERS; LIMITATIONS ON 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 under those rules may
conduct the transfer.
(b) The district may not require a permit for a well
incapable of producing more than 25,000 gallons of groundwater a
day.
(c) The district may not impose a tax.
(d) The district by rule may impose reasonable fees on each
well:
(1) for which a permit is issued by the district; and
(2) that is not exempt from regulation by the
district.
(e) A fee imposed under Subsection (d) of this section:
(1) must be based on the amount of water to be
withdrawn from the well; and
(2) may not exceed one cent per thousand gallons of
groundwater withdrawn for any purpose.
(f) 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 or lignite, is exempt from
permit requirements, regulations, and fees imposed by the district.
(g) The district may not:
(1) exercise the power of eminent domain;
(2) issue any bonds or other obligations that pledge
revenue derived from taxation by the district; or
(3) purchase groundwater rights unless the purchased
rights are acquired for conservation purposes and are permanently
held in trust not to be produced.
SECTION 8. APPLICABILITY OF OTHER LAW. (a) This Act
prevails over any provision of general law that is in conflict or
inconsistent with this Act.
(b) Chapter 49, Water Code, does not apply to the district.
SECTION 9. BOARD OF DIRECTORS. (a) Except as provided by
Section 10(e) of this Act, the district is governed by a board of
seven directors. Directors are appointed as provided by Section 10
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
are appointed from each county and one director is appointed
jointly by the counties.
(b) Except for the initial term, all directors serve
three-year terms. 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 directors,
including the term of the initial director who will serve as the
joint two-county representative, expire on December 31, 2004.
(c) In accordance with Subsection (b) of this section, the
three initial directors from each county shall draw lots to
determine their terms.
(d) Each director must qualify to serve as director in the
manner provided by Section 36.055, Water Code.
(e) Directors may serve consecutive terms.
(f) If there is a vacancy on the board, the governing body of
the entity 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.
(g) Directors are not entitled to compensation for serving
as a director but may be reimbursed for actual, reasonable expenses
incurred in the discharge of official duties.
(h) A majority vote of a quorum is required for board
action. If there is a tie vote, the proposed action fails.
SECTION 10. APPOINTMENT OF DIRECTORS. (a) The Jasper
County Commissioners Court shall appoint three directors. One
director shall represent rural water utilities and small municipal
water supply interests, one director shall represent the large
industrial groundwater supply interests of the county, and one
director shall represent large municipal utilities.
(b) The Newton County Commissioners Court shall appoint
three directors. One director shall represent rural water
utilities and small municipal water supply interests, one director
shall represent the forestry or agricultural groundwater supply
interests of the county, and one director shall represent
municipalities.
(c) The Jasper County Commissioners Court and the Newton
County Commissioners Court shall jointly appoint one director to
represent the forestry, agricultural, or landowner groundwater
supply interests of both counties. The jointly appointed director
shall serve as the presiding officer of the board.
(d) A director is not disqualified from serving because the
director is an employee, manager, director, or officer of a
groundwater producer that is or may be regulated by the district.
(e) If the voters of only one county confirm the
establishment of the district at an election under Section 13 of
this Act:
(1) the directors appointed from the county whose
voters did not confirm the establishment of the district 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 of the county whose voters
confirmed establishment of the district shall appoint two
additional directors, at least one of whom shall represent the
forestry, agricultural, or landowner groundwater supply interests
of the county.
SECTION 11. ORGANIZATIONAL MEETING. (a) As soon as
practicable after all initial directors are appointed, a majority
of the directors shall convene the organizational meeting of the
district at a location in the district agreeable to a majority of
the directors.
(b) If no location can be agreed on, the organizational
meeting of the directors shall be at the Jasper County Courthouse.
(c) The initial directors shall take office at the
organizational meeting under this section.
SECTION 12. LANDOWNERS' RIGHTS. The rights of landowners
and their lessees and assigns in groundwater in the district are
recognized. Nothing in this Act shall be construed to deprive or
divest the owners or their lessees and assigns of their rights,
subject to district rules.
SECTION 13. CONFIRMATION ELECTION. (a) The initial board
shall hold an election on the same date in each county in the
district to confirm establishment of the district.
(b) Except as provided by this section, a confirmation
election must be conducted in the manner 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 establishment 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 against
confirming the establishment of the district, that county is
excluded from the district.
(d) If the establishment 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 second anniversary date.
SECTION 14. ADDITION OF OTHER COUNTIES TO DISTRICT.
(a) An adjacent county that wishes to join the district shall
petition the district by resolution of the commissioners court of
the county.
(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 voting in an election
held for that purpose.
(d) The ballot for the election shall be printed to provide
for voting for or against the proposition: "The inclusion of (name
of county) County in the Southeast Texas Groundwater Conservation
District."
(e) The notice of the election, the manner and the time of
giving the notice, the manner of holding the election, and the
qualifications of the voters are governed by the Election Code.
SECTION 15. 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
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality 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 16. 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.
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