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Amend HB 2619 as amended by House Committee Amendment No. 1 as
follows:
(1) In the recital to SECTION 1.05 of the bill, as amended by
item (1) of House Committee Amendment No. 1, strike "and 8848" and
substitute "8848, and 8849".
(2) In SECTION 1.05 of the bill, as amended by item (2) of
House Committee Amendment No. 1, after added Chapter 8848, Special
District Local Laws Code, insert the following:
CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8849.001. DEFINITIONS
Sec. 8849.002. NATURE OF DISTRICT
Sec. 8849.003. FINDINGS OF PUBLIC USE AND BENEFIT
Sec. 8849.004. DISTRICT TERRITORY
[Sections 8849.005-8849.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8849.051. COMPOSITION OF BOARD; TERMS
Sec. 8849.052. APPOINTMENT OF DIRECTORS
Sec. 8849.053. BOARD VACANCY
Sec. 8849.054. EXPENSES
[Sections 8849.055-8849.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8849.101. GROUNDWATER CONSERVATION DISTRICT
POWERS AND DUTIES
Sec. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM
REGULATION
Sec. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF
RAILROAD COMMISSION
Sec. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX
COORDINATING COUNCIL
Sec. 8849.105. MANAGEMENT PLAN
Sec. 8849.106. REGIONAL COOPERATION
[Sections 8849.107-8849.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8849.151. PUMPING FEES
Sec. 8849.152. TAXES PROHIBITED
CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8849.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Lost Pines Groundwater
Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3;
Acts 77th Leg., R.S., Ch. 966, Sec. 3.0502(1); Acts 77th Leg., R.S.,
Ch. 1323, Sec. 2(1); New.)
Sec. 8849.002. NATURE OF DISTRICT. The district is a
groundwater conservation district created under and essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part),
(c).)
Sec. 8849.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)
Sec. 8849.004. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Bastrop and Lee
Counties unless the district's territory has been modified under:
(1) Subchapter J, Chapter 36, Water Code; or
(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec.
2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.0503; Acts 77th
Leg., R.S., Ch. 1323, Sec. 3; New.)
[Sections 8849.005-8849.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8849.051. COMPOSITION OF BOARD; TERMS. (a) The
district is governed by a board of 10 directors.
(b) Directors serve staggered four-year terms. (Acts 77th
Leg., R.S., Ch. 966, Secs. 3.0506(a), (f); Acts 77th Leg., R.S., Ch.
1323, Secs. 7(a), (f).)
Sec. 8849.052. APPOINTMENT OF DIRECTORS. (a) Five
directors are appointed from Bastrop County by the county judge of
Bastrop County and five directors are appointed from Lee County by
the county judge of Lee County.
(b) Every two years after the initial appointment of
directors, the appropriate number of directors shall be appointed.
(Acts 77th Leg., R.S., Ch. 966, Secs. 3.0506(b), (e); Acts 77th
Leg., R.S., Ch. 1323, Secs. 7(b), (e).)
Sec. 8849.053. BOARD VACANCY. If a vacancy occurs on the
board, the board may appoint a director to serve the remainder of
the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506(j); Acts 77th
Leg., R.S., Ch. 1323, Sec. 7(j).)
Sec. 8849.054. EXPENSES. A director is entitled to
reimbursement for actual reasonable expenses incurred in
performing duties as a director. (Acts 77th Leg., R.S., Ch. 966,
Sec. 3.0506(k) (part); Acts 77th Leg., R.S., Ch. 1323, Sec. 7(k)
(part).)
[Sections 8849.055-8849.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8849.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. The district has the rights, powers, privileges,
functions, and duties provided by the general law of this state,
including Chapter 36, Water Code, applicable to groundwater
conservation districts created under Section 59, Article XVI, Texas
Constitution. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(a)
(part); Acts 77th Leg., R.S., Ch. 1323, Sec. 4(a) (part).)
Sec. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM
REGULATION. The district may adopt a rule exempting a well that is
not capable of producing more than 50,000 gallons of groundwater a
day from a permit requirement, a fee, or a restriction on
production. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(c); Acts
77th Leg., R.S., Ch. 1323, Sec. 4(e).)
Sec. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF
RAILROAD COMMISSION. (a) In this section:
(1) "Public utility" means any person, corporation,
public utility, water supply or sewer service corporation,
municipality, political subdivision, or agency operating,
maintaining, or controlling facilities in this state for providing
potable water service for compensation.
(2) "Railroad commission" means the Railroad
Commission of Texas.
(b) A groundwater well drilled or operated in the district
under a permit issued by the railroad commission is under the
exclusive jurisdiction of the railroad commission and is exempt
from regulation by the district.
(c) Groundwater produced in an amount authorized by a
railroad commission permit may be used in or exported from the
district without a permit from the district.
(d) To the extent groundwater production exceeds railroad
commission authorization, the holder of the railroad commission
permit:
(1) shall apply to the district for the appropriate
permit for the excess production; and
(2) is subject to the applicable regulatory fees.
(e) Groundwater produced from a well under the jurisdiction
of the railroad commission is generally exempt from water district
fees. However, the district may impose a pumping fee or an export
fee on groundwater produced from an otherwise exempt mine well that
is used for municipal purposes or by a public utility. A fee
imposed by the district under this subsection may not exceed the fee
imposed on other groundwater producers in the district. (Acts 77th
Leg., R.S., Ch. 966, Secs. 3.0502(2), 3.0505; Acts 77th Leg., R.S.,
Ch. 1323, Secs. 2(2), 5; New.)
Sec. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX
COORDINATING COUNCIL. The district is a member of the Central
Carrizo-Wilcox Coordinating Council. (Acts 77th Leg., R.S., Ch.
1323, Sec. 10.)
Sec. 8849.105. MANAGEMENT PLAN. The district shall develop
or contract to develop a district management plan under Section
36.1071, Water Code, and submit the plan to the Central
Carrizo-Wilcox Coordinating Council to be included in the
management plan developed by the council. (Acts 77th Leg., R.S.,
Ch. 1323, Sec. 11.)
Sec. 8849.106. REGIONAL COOPERATION. The district shall:
(1) adopt a management plan detailing proposed efforts
of the district to cooperate with other groundwater conservation
districts;
(2) participate as needed in coordination meetings
with adjacent groundwater conservation districts that share one or
more aquifers with the district;
(3) coordinate the collection of data with adjacent
groundwater conservation districts in such a way as to achieve
relative uniformity of data type and quality;
(4) provide groundwater level information to adjacent
groundwater conservation districts;
(5) investigate any groundwater pollution to identify
the pollution's source;
(6) notify adjacent groundwater conservation
districts and all appropriate agencies of any groundwater pollution
detected and the source of the pollution identified;
(7) provide to adjacent groundwater conservation
districts annually an inventory of water wells in the district and
an estimate of groundwater production in the district; and
(8) include adjacent groundwater conservation
districts on mailing lists for district newsletters and information
regarding seminars, public education events, news articles, and
field days. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0508.)
[Sections 8849.107-8849.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8849.151. PUMPING FEES. (a) The district may assess
regulatory pumping fees for water produced in or exported from the
district.
(b) The regulatory pumping fees the district assesses for
water for crop or livestock production or other agricultural uses
may not exceed 20 percent of the rate applied to water for municipal
uses.
(c) Regulatory pumping fees based on the amount of water
withdrawn from a well may not exceed:
(1) $1 for each acre-foot for water used to irrigate
agricultural crops; or
(2) 17 cents for each thousand gallons for water used
for any other purpose.
(d) Combined regulatory pumping fees for production and
export of water may not exceed 17 cents for each thousand gallons
for water used. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(b)
(part); Acts 77th Leg., R.S., Ch. 1323, Secs. 4(c) (part), (d).)
Sec. 8849.152. TAXES PROHIBITED. The district may not
impose a tax. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(b)
(part); Acts 77th Leg., R.S., Ch. 1323, Sec. 4(c) (part).)
(3) Strike SECTIONS 2.05 and 2.06 of the bill, as amended by
item (3) of House Committee Amendment No. 1, and substitute the
following:
SECTION 2.05. Section 1(a), Chapter 1331, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
(a) The following groundwater conservation districts are
created:
(1) Cow Creek Groundwater Conservation District;
(2) Brazos Valley Groundwater Conservation District;
(3) Crossroads Groundwater Conservation District;
(4) Hays Trinity Groundwater Conservation District;
(5) [Lone Wolf Groundwater Conservation District;
[(6) Lost Pines Groundwater Conservation District;
[(7)] McMullen Groundwater Conservation District;
(6) [(8)] Middle Pecos Groundwater Conservation
District;
(7) [(9)] Red Sands Groundwater Conservation
District;
(8) [(10)] Refugio Groundwater Conservation District;
(9) [(11)] Southeast Trinity Groundwater Conservation
District; and
(10) [(12)] Texana Groundwater Conservation District.
SECTION 2.06. Section 2(a), Chapter 1331, Acts of the 76th
Legislature, Regular Session, 1999, is amended to read as follows:
(a) The boundaries of the following groundwater
conservation districts are coextensive with county boundaries as
follows:
(1) the boundaries of the Cow Creek Groundwater
Conservation District are coextensive with the boundaries of
Kendall County;
(2) the boundaries of the Brazos Valley Groundwater
Conservation District are coextensive with the boundaries of
Robertson and Brazos Counties;
(3) the boundaries of the Crossroads Groundwater
Conservation District are coextensive with the boundaries of
Victoria County;
(4) [the boundaries of the Lone Wolf Groundwater
Conservation District are coextensive with the boundaries of
Mitchell County;
[(5) the boundaries of the Lost Pines Groundwater
Conservation District are coextensive with the boundaries of
Bastrop and Lee Counties, but if the voters of only one county
confirm the creation of the district under Section 10 of this Act,
the boundaries of the district are coextensive with the boundaries
of that county;
[(6)] the boundaries of the McMullen Groundwater
Conservation District are coextensive with the boundaries of
McMullen County;
(5) [(7)] the boundaries of the Middle Pecos
Groundwater Conservation District are coextensive with the
boundaries of Pecos County;
(6) [(8)] the boundaries of the Refugio Groundwater
Conservation District are coextensive with the boundaries of
Refugio County; and
(7) [(9)] the boundaries of the Texana Groundwater
Conservation District are coextensive with the boundaries of
Jackson County.
(4) In SECTION 3.03 of the bill, in Subdivision (22) of the
SECTION, as amended by item (4) of House Committee Amendment No. 1,
after the semicolon, strike "and".
(5) In SECTION 3.03 of the bill, in Subdivision (23) of the
SECTION, as amended by item (5) of House Committee Amendment No. 1,
strike the period and substitute a semicolon.
(6) In SECTION 3.03 of the bill, as amended by item (6) of
House Committee Amendment No. 1, add the following:
(24) Part 5, Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001; and
(25) Chapter 1323, Acts of the 77th Legislature,
Regular Session, 2001.