79R14783 HLT-F


By:  Luna, Seaman                                                 H.B. No. 3513



A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Corpus Christi Aquifer Storage and 
Recovery Conservation District.
	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 8811 to read as follows:

CHAPTER 8811.  CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY 
CONSERVATION DISTRICT

SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8811.001.  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 Corpus Christi Aquifer 
Storage and Recovery Conservation District.
	Sec. 8811.002.  NATURE OF DISTRICT.  The district is a 
conservation and reclamation district in Kleberg, Nueces, and San 
Patricio Counties created under and essential to accomplish the 
purposes of Section 59, Article XVI, Texas Constitution.  The 
district is created to develop and protect municipal aquifer 
storage areas created by the City of Corpus Christi.
	Sec. 8811.003.  CONFIRMATION ELECTION NOT REQUIRED.  An 
election to confirm the creation of the district is not required.
	Sec. 8811.004.  INITIAL DISTRICT TERRITORY.  The initial 
boundaries of the district are coextensive with the city limits of 
the City of Corpus Christi and include:
		(1)  property owned by or under contract to the City of 
Corpus Christi in Nueces and Kleberg Counties; and
		(2)  in San Patricio County, property owned by or under 
contract to the City of Corpus Christi and bounded on the west by 
Interstate Highway 37 and U.S. Highway 77, on the north by the 
metropolitan planning organization boundary, on the east by County 
Road 2849, and on the south by the city limits of the City of Corpus 
Christi.
	Sec. 8811.005.  APPLICABILITY OF OTHER LAW.  Except as 
otherwise provided by this chapter, Chapter 36, Water Code, applies 
to the district.
	Sec. 8811.006.  CREATION OF GROUNDWATER CONSERVATION 
DISTRICTS IN SAN PATRICIO COUNTY.  (a)  This chapter does not 
preclude the creation of a groundwater conservation district in San 
Patricio County.
	(b)  A groundwater conservation district created in San 
Patricio County may not limit or restrict the district from 
recovering water stored by the district in a municipal aquifer 
storage area in the district, even if the municipal aquifer storage 
area is also located in the groundwater conservation district.
	(c)  To the extent that the boundaries of the district and a 
groundwater conservation district in San Patricio County overlap, 
the power and authority of the two districts are joint and 
coextensive.
	(d)  The district and land in the district are exempt from 
taxes and fees imposed by a groundwater conservation district 
created in San Patricio County.

[Sections 8811.007-8811.020 reserved for expansion]

SUBCHAPTER B.  BOARD OF DIRECTORS
	Sec. 8811.021.  DIRECTORS; TERMS.  (a)  The district is 
governed by a board of five directors.
	(b)  Except as provided by Subsection (c), directors serve 
staggered four-year terms.
	(c)  The initial directors shall draw lots to determine which 
three directors shall serve four-year terms that expire at the end 
of the calendar year four years after the effective date of the Act 
creating this chapter, and which two directors shall serve two-year 
terms that expire at the end of the calendar year two years after 
the effective date of the Act creating this chapter.
	Sec. 8811.022.  APPOINTMENT OF DIRECTORS.  The Corpus 
Christi City Council shall appoint the directors.
	Sec. 8811.023.  VACANCY.  If a vacancy occurs on the board, 
the board may appoint a director to serve the remainder of the term.
	Sec. 8811.024.  OFFICERS.  The board shall annually elect 
officers.  The officers must be confirmed by the Corpus Christi City 
Council.

[Sections 8811.025-8811.050 reserved for expansion]

SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 8811.051.  AQUIFER STORAGE AND RECOVERY PROJECTS.  The 
district may implement and develop aquifer storage and recovery 
projects.
	Sec. 8811.052.  MUNICIPAL AQUIFER STORAGE AREAS IN SAN 
PATRICIO COUNTY.  The district may not allow more water to be 
recovered from a municipal aquifer storage area in San Patricio 
County than the amount of water stored by the district at the 
municipal aquifer storage area.
	Sec. 8811.053.  TAXES AND BONDS PROHIBITED.  The district 
may not impose a tax or issue bonds.
	Sec. 8811.054.  EMINENT DOMAIN.  The district may not 
exercise the power of eminent domain.
	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.