79R1209 SGA-F
By: Hopson H.B. No. 1241
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Houston County Groundwater
Conservation District; providing authority to impose a tax and
issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8805 to read as follows:
CHAPTER 8805. HOUSTON COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8805.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Houston County Groundwater
Conservation District.
Sec. 8805.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Houston County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Sec. 8805.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held before September 1, 2007:
(1) the district is dissolved on September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Houston County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires on September 1, 2010.
Sec. 8805.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Houston County, Texas.
Sec. 8805.005. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. Except as otherwise provided by this
chapter, Chapter 36, Water Code, applies to the district.
[Sections 8805.006-8805.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8805.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
Not later than the 45th day after the effective date of this
chapter, nine temporary directors shall be appointed as follows:
(1) the Houston County Commissioners Court shall
appoint eight temporary directors, with two of the temporary
directors appointed from each of the four commissioners precincts
in the county to represent the precincts in which the temporary
directors reside; and
(2) the county judge of Houston County shall appoint
one temporary director who resides in the district to represent the
district at large.
(b) Of the temporary directors, at least one director must
represent rural water suppliers in the district and one must
represent agricultural interests in the district.
(c) If there is a vacancy on the temporary board of
directors of the district, the authority who appointed the
temporary director whose position is vacant shall appoint a person
to fill the vacancy in a manner that meets the representational
requirements of this section.
(d) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial
directors as provided by Section 8805.024; or
(2) the date this chapter expires under Section
8805.003.
Sec. 8805.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 36.055, Water Code, a
majority of the temporary directors shall convene the
organizational meeting of the district at a location within the
district agreeable to a majority of the directors. If an agreement
on location cannot be reached, the organizational meeting shall be
at the Houston County Courthouse.
Sec. 8805.023. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election to confirm the creation of the
district.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(c) Except as provided by this section, a confirmation
election must be conducted as provided by Sections 36.017(b)-(i),
Water Code, and the Election Code. The provision of Section
36.017(d), Water Code, relating to the election of permanent
directors does not apply to a confirmation election under this
section.
Sec. 8805.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8805.023,
the temporary directors of the district become the initial
directors of the district and serve on the board of directors until
permanent directors are elected under Section 8805.025.
(b) The two initial directors representing each of the four
commissioners precincts shall draw lots to determine which of the
two directors shall serve a term expiring June 1 following the first
regularly scheduled election of directors under Section 8805.025,
and which of the two directors shall serve a term expiring June 1
following the second regularly scheduled election of directors.
The at-large director shall serve a term expiring June 1 following
the second regularly scheduled election of directors.
Sec. 8805.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On
the uniform election date prescribed by Section 41.001, Election
Code, in May of the first even-numbered year after the year in which
the district is authorized to be created at a confirmation
election, an election shall be held in the district for the election
of four directors to replace the initial directors who, under
Section 8805.024(b), serve a term expiring June 1 following that
election.
Sec. 8805.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8805.027-8805.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8805.051. DIRECTORS; TERMS. (a) The district is
governed by a board of nine directors.
(b) Directors serve staggered four-year terms, with four or
five directors' terms expiring June 1 of each even-numbered year.
(c) A director may serve consecutive terms.
Sec. 8805.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (a) The directors of the district shall be elected
according to the commissioners precinct method as provided by this
section.
(b) One director shall be elected by the voters of the
entire district, and two directors shall be elected from each
county commissioners precinct by the voters of that precinct.
(c) Except as provided by Subsection (e), to be eligible to
be a candidate for or to serve as director at large, a person must be
a registered voter in the district. To be a candidate for or to
serve as director from a county commissioners precinct, a person
must be a registered voter of that precinct.
(d) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(e) When the boundaries of the county commissioners
precincts are redrawn after each federal decennial census to
reflect population changes, a director in office on the effective
date of the change, or a director elected or appointed before the
effective date of the change whose term of office begins on or after
the effective date of the change, shall serve in the precinct to
which elected or appointed even though the change in boundaries
places the person's residence outside the precinct for which the
person was elected or appointed.
Sec. 8805.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date prescribed by Section 41.001, Election Code,
in May of each even-numbered year.
Sec. 8805.054. COMPENSATION. (a) Sections 36.060(a), (b),
and (d), Water Code, do not apply to the district.
(b) A director is entitled to receive compensation of not
more than $50 a day for each day the director actually spends
performing the duties of a director. The compensation may not
exceed $3,000 a year.
(c) The board may authorize a director to receive
reimbursement for the director's reasonable expenses incurred
while engaging in activities on behalf of the board.
Sec. 8805.055. BOARD ACTION. A majority vote of a quorum is
required for board action. If there is a tie vote, the proposed
action fails.
[Sections 8805.056–8805.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8805.101. GROUNDWATER WELLS UNDER RAILROAD COMMISSION
JURISDICTION. (a) Except as provided by this section, a
groundwater well drilled or operated within the district under a
permit issued by the Railroad Commission of Texas is under the
exclusive jurisdiction of the railroad commission and is exempt
from regulation by the district.
(b) Groundwater produced in an amount authorized by a
railroad commission permit may be used within or exported from the
district without a permit from the district.
(c) To the extent groundwater is produced in excess of
railroad commission authorization, the holder of the railroad
commission permit:
(1) shall apply to the district for the appropriate
permit for the excess production; and
(2) is subject to the applicable regulatory fees.
(d) The district may impose a production fee or an export
fee on groundwater produced from a well that was drilled to support
mining activities and that is otherwise exempt from regulation by
the district under Subsection (a) if that groundwater is used for
municipal purposes or by a public utility. Any fee imposed under
this subsection may not exceed the fee imposed on other groundwater
producers in the district.
Sec. 8805.102. PROHIBITION ON DISTRICT PURCHASE, SALE,
TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
purchase, sell, transport, or distribute surface water or
groundwater for any purpose.
Sec. 8805.103. PROHIBITION ON DISTRICT USE OF EMINENT
DOMAIN POWERS. The district may not exercise the power of eminent
domain.
Sec. 8805.104. REGIONAL COOPERATION. (a) In this section,
"designated groundwater management area" means an area designated
as a groundwater management area under Section 35.004, Water Code.
(b) To provide for regional continuity, the district shall:
(1) participate as needed in coordination meetings
with other groundwater conservation districts in its designated
groundwater management area;
(2) coordinate the collection of data with other
groundwater conservation districts in its designated groundwater
management area in such a way as to achieve relative uniformity of
data type and quality;
(3) coordinate efforts to monitor water quality with
other groundwater conservation districts in its designated
groundwater management area, local governments, and state
agencies;
(4) provide groundwater level data to other
groundwater conservation districts in its designated groundwater
management area;
(5) investigate any groundwater or aquifer pollution
with the intention of locating its source;
(6) notify other groundwater conservation districts
in its designated groundwater management area and all appropriate
agencies of any groundwater pollution detected;
(7) annually provide to other groundwater
conservation districts in its designated groundwater management
area an inventory of water wells and an estimate of groundwater
production in the district; and
(8) include other groundwater conservation districts
in its designated groundwater management area on the mailing lists
for district newsletters, seminars, public education events, news
articles, and field days.
[Sections 8805.105-8805.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8805.151. LIMITATION ON TAXES. The district may not
levy ad valorem taxes at a rate that exceeds three cents on each
$100 of assessed valuation of taxable property in the district.
Sec. 8805.152. FEES. (a) The board 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 district regulation.
(b) A production fee may be based on:
(1) the size of column pipe used by the well; or
(2) the amount of water actually withdrawn from the
well, or the amount authorized or anticipated to be withdrawn.
(c) The board shall base the initial production fee on the
criteria listed in Subsection (b)(2). The initial production fee:
(1) may not exceed:
(A) $0.25 per acre-foot for water used for
agricultural irrigation; or
(B) $0.0425 per thousand gallons for water used
for any other purpose; and
(2) may be increased at a cumulative rate not to exceed
three percent per year.
(d) In addition to the production fee authorized under this
section, the district may assess an export fee on groundwater from a
well that is produced for transport outside the district.
(e) Fees authorized by this section may be:
(1) assessed annually; and
(2) used to pay the cost of district operations.
Sec. 8805.153. EXEMPTION FROM FEES. (a) Except as provided
by Subsection (b), the district may not assess a fee on a well
drilled by a nonprofit rural water supply corporation, water
district, or other political subdivision if the well's production
is for use within the district.
(b) The district by emergency order of the board may impose
a reasonable and temporary production fee on a well described by
Subsection (a) if:
(1) severe drought or other district emergency makes
the fee necessary; and
(2) the term of the order does not exceed 180 days.
Sec. 8805.154. LIMITATION ON INDEBTEDNESS. The district
may issue bonds and notes under Subchapter F, Chapter 36, Water
Code, except that the total indebtedness created by that issuance
may not exceed $500,000 at any time.
SECTION 2. (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 3. 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, 2005.