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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration, operation, financing, powers, and |
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duties of the Hays Trinity Groundwater Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Part 3, Article 3, Chapter 966, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by adding Section |
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3.03051 to read as follows: |
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Sec. 3.03051. WELL CONSTRUCTION STANDARDS. (a) |
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Notwithstanding Sections 3.0304 and 3.0305 of this part or Section |
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36.117, Water Code, the district may require that any well |
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constructed or altered in the district after September 1, 2007, |
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comply with the construction standards adopted by the district to |
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protect the uniquely layered aquifers the district is mandated to |
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conserve. |
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(b) The district by rule may adopt well construction |
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standards that are more protective of the groundwater in the |
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aquifers in the district than the minimum standards of this state |
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for well construction. The rules adopted must ensure that a well is |
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drilled, equipped, and maintained in a manner to prevent the |
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commingling of water in different aquifers or the draining of water |
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from a higher aquifer into a lower aquifer. |
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SECTION 2. Section 3.0306(a), Chapter 966, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended to read as follows: |
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(a) The district annually shall prepare a budget and conduct |
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an audit in accordance with Subchapter E, Chapter 36, Water Code |
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[showing proposed expenditures and disbursements and estimated
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receipts and collections for the next fiscal year and shall hold a
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public hearing on the proposed budget. The district must publish
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notice of the hearing at least once in a newspaper of general
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circulation in the county not later than the 10th day before the
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date of the hearing. A taxpayer of the district is entitled to
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appear at the hearing to be heard regarding any item in the proposed
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budget]. |
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SECTION 3. Sections 3.0307(d) and (g), Chapter 966, Acts of |
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the 77th Legislature, Regular Session, 2001, are amended to read as |
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follows: |
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(d) Permanent directors serve staggered four-year |
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[two-year] terms. |
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(g) If there is a vacancy on the board, it shall be filled in |
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accordance with Chapter 36.051, Water Code [the Hays County
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Commissioners Court shall appoint a director to serve the remainder
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of the term]. |
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SECTION 4. Section 3.0308(d), Chapter 966, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended to read as follows: |
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(d) The board of [initial or permanent] directors may revise |
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the single-member districts as necessary or appropriate. The board |
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of directors shall revise each single-member district after each |
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federal decennial census to reflect population changes. When the |
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boundaries of the single-member districts are changed, a director |
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in office on the effective date of the change, or elected or |
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appointed before the effective date of the change to a term of |
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office beginning on or after the effective date of the change, is |
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entitled to serve the term or remainder of the term in the |
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single-member district to which elected or appointed even though |
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the change in boundaries places the person's residence outside the |
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single-member district for which the person was elected or |
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appointed. [At the first election after the single-member
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districts are revised, a new director shall be elected from each
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district. The directors shall draw lots to determine which two
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directors serve one-year terms and which three directors serve
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two-year terms.] |
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SECTION 5. Part 3, Article 3, Chapter 966, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by amending Section |
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3.0310 and adding Section 3.03105 to read as follows: |
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Sec. 3.0310. ELECTION OF DIRECTORS. [(a)] On the uniform |
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election date prescribed by Section 41.001, Election Code, [first
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Saturday] in May [or the first Tuesday after the first Monday in
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November] of each [the first] even-numbered year [after the year in
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which the district is authorized to be created at a confirmation
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election, an election shall be held in the district for the election
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of three directors to serve two-year terms and two directors to
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serve one-year terms.
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[(b) On the first Saturday in May or the first Tuesday after
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the first Monday in November, as applicable, of each subsequent
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second year following the election held under Subsection (a) of
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this section], the appropriate number of directors shall be |
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elected. |
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Sec. 3.03105. ELECTION OF DIRECTORS IN 2009. On the uniform |
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election date prescribed by Section 41.001, Election Code, in May |
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2009, an election shall be held in the district for the election of |
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the directors from single-member districts 2 and 4 to serve |
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one-year terms. |
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SECTION 6. Section 3.0312(c), Chapter 966, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended to read as follows: |
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(c) Notwithstanding Section 3.0304(a) of this part or |
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Subchapter G, Chapter 36, Water Code, the district may not impose a |
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tax [or assess or collect any fees except as authorized by
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Subsection (a) or (b) of this section]. |
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SECTION 7. Part 3, Article 3, Chapter 966, Acts of the 77th |
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Legislature, Regular Session, 2001, is amended by adding Sections |
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3.03121 and 3.03125 to read as follows: |
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Sec. 3.03121. PRODUCTION FEES. Notwithstanding Section |
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36.205(c), Water Code, to prevent depletion of the aquifers in the |
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district, the district shall set fees for the production of |
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groundwater that promote the conjunctive use of surface water and |
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groundwater and may charge groundwater production fees that make |
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the price of using groundwater consistent with the price of using |
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raw surface water. |
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Sec. 3.03125. USE OF FEES. The district may use fees |
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collected under Section 3.0312 or 3.03121 of this part to pay the |
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administrative and other expenses of the district. |
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SECTION 8. Sections 3.0304(d) and 3.0306(b), Chapter 966, |
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Acts of the 77th Legislature, Regular Session, 2001, are repealed. |
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SECTION 9. The Hays Trinity Groundwater Conservation |
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District directors elected from single-member districts 2 and 4 on |
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the uniform election date prescribed by Section 41.001, Election |
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Code, in May 2007 serve the two-year terms to which they were |
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elected. |
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SECTION 10. This Act takes effect September 1, 2007. |