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Amend Amendment No. 45 by Guillen to CSSB 3 on page 25 of the
amendment, between lines 4 and 5, by inserting the following:
ARTICLE __. TABLEROCK GROUNDWATER CONSERVATION DISTRICT
SECTION ____.01. Subtitle H, Title 6, Special District
Local Laws Code, is amended by adding Chapter 8823 to read as
follows:
CHAPTER 8823. TABLEROCK GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8823.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Tablerock Groundwater
Conservation District.
Sec. 8823.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Coryell County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Sec. 8823.003. CONFIRMATION ELECTION REQUIRED. (a) If the
creation of the district is not confirmed at a confirmation
election held before September 1, 2012:
(1) the district is dissolved on September 1, 2012,
except that the district shall:
(A) pay any debts incurred;
(B) transfer to Coryell County any assets that
remain after the payment of debts; and
(C) maintain the organization of the district
until all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2012.
(b) This section expires September 1, 2012.
Sec. 8823.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Coryell County, Texas.
Sec. 8823.005. 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. 8823.006. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. Except as otherwise provided by this
chapter, Chapter 36, Water Code, applies to the district.
[Sections 8823.007-8823.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8823.021. APPOINTMENT OF TEMPORARY DIRECTORS.
(a) Not later than the 45th day after the effective date of this
chapter, five temporary directors shall be appointed as follows:
(1) the Coryell County Commissioners Court shall
appoint one temporary director 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 Coryell County shall appoint
one temporary director who resides in the district to represent the
district at large.
(b) If there is a vacancy on the temporary board, the
authority who appointed the temporary director whose position is
vacant shall appoint a person to fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial
directors as provided by Section 8823.024; or
(2) the date this chapter expires under Section
8823.003.
Sec. 8823.022. 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 Coryell County Courthouse.
Sec. 8823.023. 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), (c),
and (e)-(i), Water Code, and the Election Code. Section 36.017(d),
Water Code, does not apply to the confirmation election.
(d) The ballot for the election must be printed in
accordance with the Election Code and provide for voting for or
against the proposition: "The creation of the Tablerock
Groundwater Conservation District and the imposition of a
maintenance tax at a rate not to exceed two cents on each $100 of
assessed valuation of taxable property in the district."
(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 hold a subsequent confirmation election. The subsequent
election may not be held before the first anniversary of the date on
which the previous election was held.
(f) The district may not impose a maintenance tax unless a
majority of the votes cast at the election are in favor of the
imposition of the maintenance tax.
Sec. 8823.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8823.023,
the temporary directors become the initial directors and serve for
the terms provided by Subsection (b).
(b) The initial directors representing commissioners
precincts 2 and 4 serve until the election of directors under
Section 8823.025, and the initial directors representing
commissioners precincts 1 and 3 and the at-large director serve
until the next regularly scheduled election of directors under
Section 8823.053.
Sec. 8823.025. INITIAL ELECTION OF DIRECTORS. On the
uniform election date in November of the first even-numbered year
after the year in which the creation of the district is confirmed at
an election held under Section 8823.023, the district shall hold an
election of two directors to replace the initial directors who,
under Section 8823.024(b), serve until that election.
Sec. 8823.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
[Sections 8823.027-8823.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8823.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8823.052. METHOD OF ELECTING DIRECTORS. One director
is elected from each county commissioners precinct in Coryell
County and one director is elected at large.
Sec. 8823.053. ELECTION DATE. The district shall hold an
election in the district to elect directors on the uniform election
date in November of each even-numbered year.
Sec. 8823.054. QUALIFICATIONS FOR ELECTION. (a) To be
qualified for election as a director, a person must reside in the
district.
(b) To be qualified for election as a director from a
precinct, a person must reside in that precinct.
[Sections 8823.055-8823.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8823.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as provided by this chapter, the district has
the powers and duties provided by the general law of this state,
including Chapter 36, Water Code, and Section 59, Article XVI,
Texas Constitution, applicable to groundwater conservation
districts.
Sec. 8823.102. PERMIT CONSIDERATION. Before granting or
denying a permit under Section 36.113, Water Code, the district
must consider whether the proposed use of water unreasonably
affects surrounding landowners.
Sec. 8823.103. PERMITS FOR CERTAIN ACTIVITIES; APPLICABLE
RULES. (a) The district may require a permit for any activity that
extracts groundwater or allows more than 25,000 gallons of
groundwater a day to escape.
(b) If a permit is required under Subsection (a), the permit
holder is subject to rules adopted by the district to:
(1) conserve, preserve, protect, and recharge the
groundwater or a groundwater reservoir or its subdivisions to
control subsidence, prevent degradation of groundwater quality,
and prevent waste of groundwater; and
(2) carry out any other power or duty under Chapter 36,
Water Code.
Sec. 8823.104. REGISTRATION AND REPORTING REQUIREMENTS FOR
CERTAIN EXEMPT WELLS. The district may adopt rules that require the
owner or operator of a well or class of wells exempt from permitting
under Section 36.117, Water Code, to register the well with the
district and, if the well is not exempt under Section 36.117(b)(1),
Water Code, to report groundwater withdrawals from the well using
reasonable and appropriate reporting methods and frequency.
Sec. 8823.105. WELL SPACING RULES; EXEMPTIONS. (a) Except
as provided by Subsection (b), the district shall exempt from the
well spacing requirements adopted by the district any well that is
completed on or before the effective date of those requirements.
(b) The district may provide by rule that a well may lose its
exemption under this section if the well is modified in a manner
that substantially increases the capacity of the well after the
effective date of the well spacing requirements adopted by the
district.
(c) Except as provided by this section, the district may
require any well or class of wells exempt from permitting under
Chapter 36, Water Code, to comply with the well spacing
requirements adopted by the district. The district shall apply
well spacing requirements uniformly to any well or class of wells
based on the size or capacity of the well and without regard to the
type of use of the groundwater produced by the well.
Sec. 8823.106. IMPACT OF TRANSFER. (a) If the district
finds that a transfer of groundwater out of the district negatively
impacts any of the factors 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), (e), (i), and (j), Water Code, do
not apply to a requirement or limitation imposed under this
section.
Sec. 8823.107. ADOPTION OF RULES AND ISSUANCE OF PERMITS.
Before the district adopts a management plan, the district may
adopt rules and issue permits.
Sec. 8823.108. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.
(a) The district and another governmental entity, including a
river authority located in the district, may contract for the
performance by that entity of a district function.
(b) The district may accept a loan from Coryell County to
pay for any initial costs of the district, including costs related
to a confirmation election.
Sec. 8823.109. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
Sec. 8823.110. DISTRICT TERRITORY REQUIREMENTS;
DISSOLUTION OF DISTRICT. (a) On September 1, 2011, the district
boundaries must include at least one county adjacent to Coryell
County.
(b) As soon as practicable after September 1, 2011, the
Texas Commission on Environmental Quality shall determine whether
the district complies with Subsection (a).
(c) If the Texas Commission on Environmental Quality
determines that the district does not comply with Subsection (a),
the commission shall dissolve the district in accordance with
Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310, Water
Code, regardless of whether the district meets the criteria for
dissolution under Section 36.304(a), Water Code.
(d) This section expires September 1, 2013.
[Sections 8823.111-8823.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8823.151. 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 at a rate that:
(A) is approved by a majority of district voters
voting at an election held for that purpose; and
(B) does not exceed two cents on each $100 of
assessed valuation of taxable property in the district;
(2) assess fees for services or for water withdrawn
from nonexempt wells; or
(3) solicit and accept grants from any private or
public source.
[Sections 8823.152-8823.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec. 8823.201. ELECTION FOR DISSOLUTION. (a) If the
district has no outstanding bond or other long-term indebtedness,
the district may be dissolved by a favorable vote of a majority of
the registered voters of the district at an election held for that
purpose.
(b) The board shall hold a dissolution election if the board
receives a petition for dissolution signed by at least 50 percent of
the registered voters in the district as computed by using the list
of registered voters for Coryell County.
(c) If the district is dissolved under this section, the
board shall:
(1) notify the Texas Commission on Environmental
Quality and the secretary of state of the dissolution; and
(2) transfer title to any assets of the district to
Coryell County.
SECTION ____.02. (a) The legal notice of the intention to
introduce this article, setting forth the general substance of this
article, has been published as provided by law, and the notice and a
copy of this article 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 article to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this article 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 article are
fulfilled and accomplished.