This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
Amend HB 2072 (Senate committee printing) as follows:
(1) Between existing SECTIONS 2 and 3 of the bill (page 2
between lines 28 and 29), insert the following SECTION and renumber
existing SECTION 3 as SECTION 4:
SECTION 3. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8805 to read as follows:
CHAPTER 8805. LA PALOMA 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 La Paloma Groundwater
Conservation District.
Sec. 8805.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Brooks 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 on or before September 1, 2010:
(1) the district is dissolved on September 1, 2010,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Brooks 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 September 1, 2011.
Sec. 8805.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 5 of the Act creating this chapter.
(b) The boundaries described in Section 5 of the Act
creating this chapter form a closure. A mistake made in describing
the district's boundaries in the legislative process does not
affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 8805.005. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed to achieve the legislative intent and
purposes of Chapter 36, Water Code. A power granted by Chapter 36,
Water Code, or this chapter shall be broadly interpreted to achieve
that intent and those purposes.
Sec. 8805.006. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by
this chapter, Chapter 36, Water Code, applies to the district.
(b) Section 36.121, Water Code, does not apply to the
district.
[Sections 8805.007-8805.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8805.021. TEMPORARY DIRECTORS. (a) The temporary
board of directors consists of:
(1) Lavoyger Durham, representing commissioners
precinct 1;
(2) Felix Saenz, Jr., representing commissioners
precinct 2;
(3) Mauro Garcia, representing commissioners precinct
3;
(4) Larry Boykin, representing commissioners precinct
4;
(5) David Grall, representing the district at large,
place 1; and
(6) Jose U. Perez, representing the district at large,
place 2.
(b) If there is a vacancy on the temporary board of
directors of the district, the remaining temporary directors shall
appoint a person to fill the vacancy in a manner that meets the
representational requirements of this section.
(c) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial
directors under 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 temporary directors. If an
agreement on location cannot be reached, the organizational meeting
shall be at the Brooks County Courthouse.
Sec. 8805.023. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election to confirm the creation of the
district and the imposition of a maintenance tax.
(b) Section 41.001(a), Election Code, does not apply to an
election held as provided by this section.
(c) Except as provided by this section, an election under
this section must be conducted as provided by Sections 36.017(b),
(c), and (e)-(i), Water Code, and the Election Code.
(d) The ballot for the election must be printed to provide
for voting for or against the proposition: "The creation of La
Paloma Groundwater Conservation District and the levy of a
maintenance tax at a rate not to exceed 3 cents for each $100 of
assessed valuation."
(e) If a majority of the votes cast at the election are not
in favor of the creation of the district, the temporary directors
may call a subsequent confirmation election.
(f) The district may not impose a maintenance tax unless the
tax is confirmed 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 initial directors for commissioner precincts 2 and 4
and the initial place 1 at-large director serve terms expiring June
1 following the first regularly scheduled election of directors
under Section 8805.025, and the initial directors for commissioners
precincts 1 and 3 and the initial place 2 at-large director serve
terms 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 three 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 8805.027-8805.030 reserved for expansion]
SUBCHAPTER A-2. EXPANSION OF DISTRICT TERRITORY
Sec. 8805.031. EXPANSION OF DISTRICT TERRITORY REQUIRED.
(a) Not later than September 1, 2011, the boundaries of the district
shall be expanded to include at least 50 percent of the surface land
area of at least one county adjacent to Brooks County.
(b) The addition of territory under this section may be
accomplished by annexation in accordance with Chapter 36, Water
Code, or by legislative enactment.
Sec. 8805.032. COMMISSION VERIFICATION; DISSOLUTION OF
DISTRICT. (a) In this section, "commission" means the Texas
Commission on Environmental Quality or its successor agency.
(b) After September 1, 2011, the commission shall determine
whether the requirements of Section 8805.031(a) have been
satisfied. If the commission determines that the requirements of
that section have not been satisfied, the commission shall dissolve
the district and distribute any remaining assets in accordance with
the procedures provided by Sections 36.304-36.310, Water Code,
regardless of whether the district satisfies the requirements for
dissolution under Section 36.304(a) of that code.
Sec. 8805.033. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2013.
[Sections 8805.034-8805.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8805.051. DIRECTORS; TERMS. (a) The district is
governed by a board of six directors.
(b) Except as otherwise provided by this chapter, directors
serve staggered four-year terms, with three 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) Two directors shall be elected by the voters of the
entire district, and one director 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 a 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) the number of the at-large position that the
person seeks.
(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 three directors on the uniform election date
prescribed by Section 41.001, Election Code, in May of each
even-numbered year.
Sec. 8805.054. DIVISION OF MUNICIPAL CORPORATION. The
provision of Section 36.059(b), Water Code, concerning the division
of a municipal corporation among precincts does not apply to the
district.
Sec. 8805.055. FEES OF OFFICE; REIMBURSEMENT. (a)
Notwithstanding Sections 36.060(a) and (d), Water Code, a director
may not receive fees of office for performing the duties of
director.
(b) A director is entitled to receive reimbursement of
actual expenses reasonably and necessarily incurred while engaging
in activities on behalf of the district in accordance with Sections
36.060(b) and (c), Water Code.
[Sections 8805.056-8805.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8805.101. GENERAL POWERS. Except as otherwise
provided by this chapter, the district has all of the rights,
powers, privileges, functions, and duties provided by the general
law of this state applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 8805.102. CONTRACTS. The district may enter into a
contract with any person for any purpose authorized by law.
Sec. 8805.103. EXEMPTIONS. (a) In this section:
(1) "Domestic use" means the use of groundwater by an
individual or a household to support domestic activities, including
the use of groundwater for drinking, washing, or culinary purposes;
for irrigating a lawn or a family garden or orchard; for watering
domestic animals; and for water recreation, including aquatic and
wildlife enjoyment. Domestic use does not include the use of water
to support an activity for which consideration is given or received
or for which the product of the activity is sold. Domestic use does
not include use by or for a public water system.
(2) "Livestock use" means the use of groundwater for
the open-range watering of livestock, exotic livestock, game
animals, or fur-bearing animals. For purposes of this definition,
the terms "livestock" and "exotic livestock" have the meanings
assigned by Sections 1.003 and 142.001, Agriculture Code,
respectively, and the terms "game animal" and "fur-bearing animal"
have the meanings assigned by Sections 63.001 and 71.001, Parks and
Wildlife Code, respectively. Livestock use does not include use by
or for a public water system.
(b) Section 36.117, Water Code, applies to the district.
(c) In addition to the exemptions provided by Section
36.117, Water Code, the district may not require a permit for or
otherwise regulate a well used solely to provide water for domestic
use or livestock use.
Sec. 8805.104. IMPACT OF TRANSFER. (a) If the district
finds that a transfer of groundwater out of the district negatively
impacts any of the considerations described by Section 36.122(f),
Water Code, the district may impose additional requirements or
limitations on the permit that are designed to minimize those
impacts.
(b) Sections 36.122(c), (i), and (j), Water Code, do not
apply to a requirement or limitation imposed under this section.
(c) The district may impose a fee or surcharge as an export
fee. The rate restrictions under Section 36.122(e), Water Code, do
not apply to a fee or surcharge imposed under this subsection.
[Sections 8805.105-8805.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8805.151. REVENUE. To pay the maintenance and
operating costs of the district and to pay any bonds or notes issued
by the district, the district may:
(1) impose an ad valorem tax through the levy of the
maintenance tax authorized by Section 8805.023 at a rate not to
exceed 3 cents on each $100 of assessed valuation of taxable
property; or
(2) solicit and accept grants from any private or
public source.
(2) Between SECTIONS 3 and 4 of the bill (page 2, between
lines 30 and 31) insert the following SECTIONS and renumber
existing SECTION 4 as SECTION 8:
SECTION 5. The initial boundaries of La Paloma Groundwater
Conservation District as created by this Act are coextensive with
the boundaries of Brooks County, Texas, and include all real
property in Brooks County save and except all of those portions of
Brooks County that, as of the effective date of this Act, are
located within the Kenedy County Groundwater Conservation
District.
SECTION 6. The initial board of directors of La Paloma
Groundwater Conservation District shall hold the first regularly
scheduled election of directors of La Paloma Groundwater
Conservation District under Section 8805.025, Special District
Local Laws Code, as added by this Act, on the uniform election date
in May in the first even-numbered year following the year in which
the district's creation is confirmed under Section 8805.023,
Special District Local Laws Code, as added by this Act.
SECTION 7. (a) The legal notice of the intention to
introduce the sections of this Act that create La Paloma
Groundwater Conservation District, setting forth the general
substance of those sections, has been published as provided by law,
and the notice and a copy of those sections 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 the sections
of this Act described by Subsection (a) of this section to the Texas
Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to the creation of La Paloma
Groundwater Conservation District by 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 the sections of this Act
related to the creation of La Paloma Groundwater Conservation
District are fulfilled and accomplished.