80R10069 HLT-F
 
  By: Dunnam H.B. No. 3986
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the McLennan 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 8821 to read as follows:
CHAPTER 8821. MCLENNAN COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A.  GENERAL PROVISIONS
       Sec. 8821.001.  DEFINITIONS. In this chapter:
             (1)  "Board" means the district's board of directors.
             (2)  "Director" means a board member.
             (3)  "District" means the McLennan County Groundwater
Conservation District.
       Sec. 8821.002.  NATURE OF DISTRICT. The district is a
groundwater conservation district in McLennan County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
       Sec. 8821.003.  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 McLennan 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 on September 1, 2012.
       (b)  This section expires on September 1, 2012.
       Sec. 8821.004.  INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
McLennan County, Texas.
       Sec. 8821.005.  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. 8821.006.  APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW.  Except as otherwise provided by this
chapter, Chapter 36, Water Code, applies to the district.
[Sections 8821.007-8821.020 reserved for expansion]
SUBCHAPTER A-1.  TEMPORARY PROVISIONS
       Sec. 8821.021.  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 McLennan 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 McLennan 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 8821.024; or
             (2)  the date this chapter expires under Section
8821.003.
       Sec. 8821.022.  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 McLennan County Courthouse.
       Sec. 8821.023.  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 McLennan County
Groundwater Conservation 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 call and 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 contract with the elections
administrator of McLennan County to conduct an election under this
section.
       Sec. 8821.024.  INITIAL DIRECTORS. (a)  If creation of the
district is confirmed at an election held under Section 8821.023,
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 a term expiring on December 31 following the
expiration of two years after the date of the confirmation
election, and the initial directors representing commissioners
precincts 1 and 3 and the at-large director serve a term expiring on
December 31 following the expiration of four years after the date of
the confirmation election.
       Sec. 8821.025.  EXPIRATION OF SUBCHAPTER.  This subchapter
expires September 1, 2012.
[Sections 8821.026-8821.050 reserved for expansion]
SUBCHAPTER B.  BOARD OF DIRECTORS
       Sec. 8821.051.  GOVERNING BODY; TERMS.  (a)  The district is
governed by a board of five directors.
       (b)  Directors serve staggered four-year terms, with two or
three directors' terms expiring December 31 of each even-numbered
year.
       (c)  A director may not serve more than three consecutive
terms.
       Sec. 8821.052.  APPOINTMENT OF DIRECTORS.  (a)  The McLennan
County Commissioners Court shall appoint one director from each of
the four commissioners precincts and one director to represent the
district at large.
       (b)  Except as provided by Subsection (c), to be eligible to
serve as director at large, a person must be a registered voter in
the district.  To serve as director from a county commissioners
precinct, a person must be a registered voter of that precinct.
       (c)  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 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
appointed even though the change in boundaries places the person's
residence outside the precinct for which the person was appointed.
[Sections 8821.053-8821.100 reserved for expansion]
SUBCHAPTER C.  POWERS AND DUTIES
       Sec. 8821.101.  PERMIT CONSIDERATION.  Before granting or
denying a permit under Section 36.113, Water Code, the district
must consider, in addition to the criteria under Chapter 36, Water
Code, and the district's rules, whether the proposed use of water
unreasonably affects surrounding landowners.
       Sec. 8821.102.  PERMITS FOR CERTAIN ACTIVITIES; APPLICABLE
RULES.  (a)  The district may require a permit for any activity that
extracts groundwater.
       (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.
       (c)  To the extent of a conflict, this section controls over
Section 36.117(b), Water Code.
       Sec. 8821.103.  REGISTRATION FOR CERTAIN ACTIVITIES.  The
district may require registration for any activity that extracts
groundwater in an amount that the board determines is significant.
       Sec. 8821.104.  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. 8821.105.  ADOPTION OF RULES AND ISSUANCE OF PERMITS.  
Before the district adopts a management plan, the district may
adopt rules and issue permits.
       Sec. 8821.106.  CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.  
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.
       Sec. 8821.107.  NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 8821.108-8821.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
       Sec. 8821.151.  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)  assess fees for services or for water withdrawn
from nonexempt wells; or
             (2)  solicit and accept grants from any private or
public source.
       Sec. 8821.152.  FEES. The district may impose a user fee to
pay for the creation and operation of the district, including
permit hearings. The district may not impose a fee for agricultural
use that is more than 20 percent of the rate for municipal use.
[Sections 8821.153-8821.200 reserved for expansion]
SUBCHAPTER E.  DISSOLUTION
       Sec. 8821.201.  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 McLennan 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
McLennan County.
       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, 2007.