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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the creation of the Brush Country Groundwater |
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Conservation District; providing authority to impose a tax and |
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issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8852 to read as follows: |
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CHAPTER 8852. BRUSH COUNTRY GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8852.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Brush Country Groundwater |
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Conservation District. |
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Sec. 8852.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district created under and essential to |
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accomplish the purposes of Section 59, Article XVI, Texas |
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Constitution. |
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Sec. 8852.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed in at least one of the |
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territories described by Section 8852.023 at a confirmation |
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election held before September 1, 2011: |
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(1) the district is dissolved on September 1, 2011, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred in equal amounts to Jim Hogg, Brooks, |
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Hidalgo, and Jim Wells Counties; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2013. |
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Sec. 8852.004. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries described in Section 2 of the Act |
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creating this chapter form a closure. A mistake made in describing |
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the district's boundaries in the legislative process does not |
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affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose an assessment or tax; or |
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(4) legality or operation. |
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Sec. 8852.005. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed to achieve the legislative intent and |
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purposes of Chapter 36, Water Code. A power granted by Chapter 36, |
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Water Code, or this chapter shall be broadly interpreted to achieve |
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that intent and those purposes. |
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[Sections 8852.006-8852.020 reserved for expansion] |
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SUBCHAPTER B. DISTRICT CREATION |
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Sec. 8852.021. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) David Grall; |
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(2) Mauro Garcia; |
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(3) Robert Scott; |
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(4) A. C. Jones IV; |
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(5) Mario Martinez; |
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(6) Israel Hinojosa; |
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(7) William P. Goranson; |
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(8) Jesse Howell; |
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(9) Pearson Knolle; and |
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(10) Lawrence Cornelius. |
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(b) If there is a vacancy on the temporary board, the |
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remaining temporary directors shall select a qualified person to |
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fill the vacancy. |
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(c) Unless the temporary director's term expires under |
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Subsection (d), a temporary director serves until the earlier of: |
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(1) the date the temporary director becomes an initial |
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permanent director under Section 8852.024; or |
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(2) the date this chapter expires under Section |
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8852.003. |
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(d) The following temporary directors' terms expire on the |
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date of the canvass of the election to confirm the creation of the |
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district: |
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(1) David Grall and Mauro Garcia, if the voters in the |
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territory described by Section 8852.023(a)(3) vote not to confirm |
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the creation of the district; |
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(2) Robert Scott, if the voters in the territory |
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described by Section 8852.023(a)(1) vote not to confirm the |
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creation of the district; |
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(3) A. C. Jones IV and Mario Martinez, if the voters in |
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the territory described by Section 8852.023(a)(5) vote not to |
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confirm the creation of the district; |
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(4) Israel Hinojosa, if the voters in the territory |
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described by Section 8852.023(a)(4) vote not to confirm the |
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creation of the district; |
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(5) William P. Goranson, if the creation of the |
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district is confirmed by voters of none of the territories |
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described by Section 8852.023; |
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(6) Jesse Howell and Pearson Knolle, if the voters in |
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the territory described by Section 8852.023(a)(6) vote not to |
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confirm the creation of the district; and |
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(7) Lawrence Cornelius, if the voters in the territory |
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described by Section 8852.023(a)(2) vote not to confirm the |
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creation of the district. |
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Sec. 8852.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 36.055, Water Code, a |
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majority of the temporary directors shall convene the |
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organizational meeting of the district at a location within the |
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district agreeable to a majority of the directors. If an agreement |
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on location cannot be reached, the organizational meeting shall be |
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at the Brooks County Courthouse. |
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Sec. 8852.023. CONFIRMATION ELECTION. (a) The temporary |
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board shall hold an election in each of the following territories in |
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the district to confirm the creation of the district and the |
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imposition of a maintenance tax: |
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(1) the territory in the corporate limits of the city |
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of Falfurrias as of January 1, 2009; |
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(2) the territory in the corporate limits of the city |
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of Alice as of January 1, 2009; |
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(3) the territory: |
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(A) in Brooks County that, as of January 1, 2009, |
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is: |
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(i) outside the corporate limits of the |
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city of Falfurrias; and |
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(ii) not in the Kenedy County Groundwater |
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Conservation District; and |
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(B) in Hidalgo County that is: |
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(i) described by a metes and bounds |
|
description in Section 2 of the Act creating this chapter; and |
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(ii) not in the Kenedy County Groundwater |
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Conservation District as of January 1, 2009; |
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(4) the territory in the certificated retail water |
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service area of the Jim Hogg County Water Control and Improvement |
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District No. 2 as of January 1, 2009; |
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(5) the territory in Jim Hogg County that is outside |
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the certificated retail water service area of the Jim Hogg County |
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Water Control and Improvement District No. 2 as of January 1, 2009; |
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and |
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(6) the territory in Jim Wells County that, as of |
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January 1, 2009, is: |
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(A) outside the corporate limits of the city of |
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Alice; and |
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(B) not in the Kenedy County Groundwater |
|
Conservation District. |
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(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held as provided by this section. |
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(c) Except as provided by this section, an election under |
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this section must be conducted as provided by Sections 36.017(b), |
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(c), and (e), Water Code, and the Election Code. |
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(d) The ballot for the election must be printed to provide |
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for voting for or against the proposition: "The creation of the |
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Brush Country Groundwater Conservation District and the levy of an |
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ad valorem tax in the district at a rate not to exceed three cents |
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for each $100 of assessed valuation." |
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(e) If the majority of voters in a territory described by |
|
Subsection (a) voting at an election held under this section vote to |
|
confirm the creation of the district, that territory is included in |
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the district. If the majority of voters in a territory described by |
|
Subsection (a) voting at an election held under this section vote |
|
not to confirm the creation of the district, that territory is |
|
excluded from the district. |
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(f) If the majority of voters in any of the territories |
|
described by Subsection (a) voting at an election held under this |
|
section vote not to confirm the creation of the district, the |
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temporary board or any successor board may hold a subsequent |
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confirmation election in that territory. |
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(g) The district may not impose a maintenance tax unless the |
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tax is confirmed under this section. |
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Sec. 8852.024. INITIAL PERMANENT DIRECTORS. (a) If the |
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creation of the district is confirmed at an election held under |
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Section 8852.023 in one or more territories in the district, each |
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temporary director who represents a territory that is included in |
|
the district becomes an initial permanent director of the district. |
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(b) The initial permanent directors shall draw lots to |
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determine which directors serve a term expiring on June 1 of the |
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first even-numbered year after the confirmation election and which |
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directors serve a term expiring on June 1 of the next even-numbered |
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year. |
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Sec. 8852.025. GIFTS AND GRANTS. The temporary board may |
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solicit and accept gifts and grants, including services, on the |
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district's behalf from any public or private source to provide |
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revenue for the district before a confirmation election is held |
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under Section 8852.023. |
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Sec. 8852.026. RIGHT OF CERTAIN LANDOWNERS TO WITHDRAW FROM |
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DISTRICT. A person who owns a tract of land in Brooks or Hidalgo |
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County that adjoins the boundaries of the Kenedy County Groundwater |
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Conservation District as of the effective date of the Act creating |
|
this chapter may petition the Kenedy County Groundwater |
|
Conservation District for annexation into that district. |
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Notwithstanding any other law, the Kenedy County Groundwater |
|
Conservation District may annex territory described by a petition |
|
under this section. Territory annexed by the Kenedy County |
|
Groundwater Conservation District under this section not later than |
|
January 1, 2010, is disannexed at that time from the district |
|
created by this chapter. |
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[Sections 8852.027-8852.050 reserved for expansion] |
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SUBCHAPTER C. BOARD OF DIRECTORS |
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Sec. 8852.051. APPOINTMENT OF DIRECTORS; TERMS. (a) Not |
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later than June 1 of each even-numbered year, the Commissioners |
|
Courts of Brooks County, Jim Hogg County, and Jim Wells County shall |
|
appoint directors as follows: |
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(1) the Commissioners Court of Brooks County shall |
|
appoint: |
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(A) one director who represents the municipal |
|
interests of the territory described by Section 8852.023(a)(1), if |
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the territory described by Section 8852.023(a)(1) is included in |
|
the district; and |
|
(B) two directors who represent the agricultural |
|
interests of the territory described by Sections 8852.023(a)(3)(A) |
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and (B), if the territory described by Sections 8852.023(a)(3)(A) |
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and (B) is included in the district; |
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(2) the Commissioners Court of Jim Hogg County shall |
|
appoint: |
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(A) one director who represents the interests of |
|
Jim Hogg County in the territory described by Section |
|
8852.023(a)(4), if the territory described by Section |
|
8852.023(a)(4) is included in the district; and |
|
(B) two directors who represent the agricultural |
|
interests of the territory described by Section 8852.023(a)(5), if |
|
the territory described by Section 8852.023(a)(5) is included in |
|
the district; |
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(3) the Commissioners Court of Jim Wells County shall |
|
appoint: |
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(A) one director who represents the municipal |
|
interests of the territory described by Section 8852.023(a)(2), if |
|
the territory described by Section 8852.023(a)(2) is included in |
|
the district; and |
|
(B) two directors who represent the agricultural |
|
interests of the territory described by Section 8852.023(a)(6), if |
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the territory described by Section 8852.023(a)(6) is included in |
|
the district; and |
|
(4) the Commissioners Courts of Brooks County and Jim |
|
Hogg County jointly shall appoint one director to represent the |
|
industrial and mining interests of Jim Hogg and Brooks Counties. |
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(b) Directors serve staggered four-year terms that expire |
|
on June 1 of an even-numbered year. |
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Sec. 8852.052. ELIGIBILITY. (a) A director is not |
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disqualified from service because the director is an employee, |
|
manager, director of the board, or officer of a groundwater |
|
producer that is or may be regulated by the district. |
|
(b) A temporary director whose term of office expires under |
|
Section 8852.021(d) is not eligible for appointment as a director. |
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Sec. 8852.053. COMPENSATION; REIMBURSEMENT. (a) |
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Notwithstanding Section 36.060, Water Code, a director is not |
|
entitled to receive compensation for performing the duties of a |
|
director. |
|
(b) A director is entitled to receive reimbursement for the |
|
director's reasonable expenses incurred while engaging in |
|
activities on behalf of the district in accordance with Sections |
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36.060(b) and (c), Water Code. |
|
Sec. 8852.054. VACANCY. A vacancy in the office of director |
|
shall be filled by appointment of the board in a manner consistent |
|
with the representational requirements of Section 8852.051. The |
|
appointed director serves only for the remainder of the unexpired |
|
term to which the director was appointed. |
|
[Sections 8852.055-8852.100 reserved for expansion] |
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SUBCHAPTER D. POWERS AND DUTIES |
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Sec. 8852.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
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AND DUTIES. Except as otherwise provided by this chapter, the |
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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. 8852.102. CONTRACTS. The district may enter into a |
|
contract with any person, public or private, for any purpose |
|
authorized by law. |
|
Sec. 8852.103. EXEMPTIONS FROM PERMIT REQUIREMENTS. (a) |
|
Section 36.117, Water Code, applies to the district except that for |
|
the purposes of applying that section to the district, "domestic |
|
use" and "livestock use" have the meanings assigned by Subsection |
|
(b). |
|
(b) In this section: |
|
(1) "Domestic use": |
|
(A) means the use of groundwater by an individual |
|
or a household to support domestic activities, including the use of |
|
groundwater for: |
|
(i) drinking, washing, or culinary |
|
purposes; |
|
(ii) irrigating a lawn or a family garden or |
|
orchard; |
|
(iii) watering domestic animals; or |
|
(iv) water recreation, including aquatic |
|
and wildlife enjoyment; and |
|
(B) does not include the use of water: |
|
(i) to support an activity for which |
|
consideration is given or received or for which the product of the |
|
activity is sold; or |
|
(ii) 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 subdivision, |
|
"livestock" and "exotic livestock" have the meanings assigned by |
|
Sections 1.003 and 142.001, Agriculture Code, respectively, and |
|
"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. |
|
Sec. 8852.104. EFFECTS OF TRANSFER. (a) In reviewing a |
|
proposed transfer of groundwater out of the district in accordance |
|
with Section 36.122(f), Water Code, the district shall determine |
|
whether the proposed transfer would have a negative effect on: |
|
(1) the availability of water in the district; |
|
(2) the conditions of any aquifer that overlies the |
|
district; |
|
(3) subsidence in the district; |
|
(4) existing permit holders or other groundwater users |
|
in the district; and |
|
(5) any applicable approved regional water plan or |
|
certified district management plan. |
|
(b) If the district determines under Subsection (a) that the |
|
transfer would have a negative effect, the district may, in |
|
addition to the conditions authorized by Section 36.122, Water |
|
Code, impose other requirements or limitations on the permit that |
|
are designed to minimize the effect. |
|
(c) Sections 36.122(c), (i), and (j), Water Code, do not |
|
apply to a requirement or limitation imposed under this section. |
|
(d) The district may impose a fee or surcharge as an export |
|
fee. The restrictions under Section 36.122(e), Water Code, do not |
|
apply to a fee or surcharge imposed under this subsection. |
|
Sec. 8852.105. APPLICABILITY OF DISTRICT REGULATIONS. |
|
Groundwater regulations adopted by the district under this chapter |
|
apply to all persons except as exempted under Section 36.117, Water |
|
Code, or this chapter. |
|
Sec. 8852.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
Sec. 8852.107. LANDOWNERS' RIGHTS. The rights of |
|
landowners and their lessees and assigns in groundwater in the |
|
district are recognized. Nothing in this chapter shall be |
|
construed to deprive or divest the owners or their lessees and |
|
assigns of their rights, subject to district rules. |
|
Sec. 8852.108. LIMITATION ON RULEMAKING POWER NOT |
|
APPLICABLE. Section 36.121, Water Code, does not apply to the |
|
district. |
|
[Sections 8852.109-8852.150 reserved for expansion] |
|
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8852.151. 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 impose ad valorem taxes at a rate |
|
not to exceed three cents on each $100 of assessed valuation of |
|
taxable property in the district. |
|
Sec. 8852.152. GRANTS, GIFTS, AND DONATIONS. The district |
|
may solicit and accept grants, gifts, and donations from any public |
|
or private source. |
|
[Sections 8852.153-8852.200 reserved for expansion] |
|
SUBCHAPTER F. DISSOLUTION |
|
Sec. 8852.201. SUBCHAPTER CUMULATIVE. The provisions of |
|
this subchapter are cumulative of the provisions of Subchapter I, |
|
Chapter 36, Water Code. |
|
Sec. 8852.202. DISSOLUTION BY ELECTION. (a) After January |
|
1, 2016, the board shall order an election on the question of |
|
dissolving the district if the board receives a petition requesting |
|
that an election be held for that purpose that is signed by at least |
|
15 percent of the district's registered voters. |
|
(b) Not later than the 30th day after the date the board |
|
receives the petition, the directors shall: |
|
(1) validate the signatures on the petition; and |
|
(2) if the signatures are validated, order an election |
|
on the next uniform election date under Section 41.001, Election |
|
Code. |
|
(c) The order calling the election must state the nature of |
|
the election, including the proposition that is to appear on the |
|
ballot. |
|
Sec. 8852.203. NOTICE OF ELECTION. Notice of an election |
|
under this subchapter must be provided by posting a copy of the |
|
order calling the election in at least one conspicuous place for at |
|
least 10 days before the day of the election at the county |
|
courthouse in Brooks County, Jim Hogg County, Jim Wells County, and |
|
Hidalgo County. |
|
Sec. 8852.204. BALLOT. The ballot for an election under |
|
this subchapter must be printed to permit voting for or against the |
|
proposition: "The dissolution of the Brush Country Groundwater |
|
Conservation District." |
|
Sec. 8852.205. ELECTION RESULTS; DISPOSITION OF ASSETS. If |
|
a majority of the votes in an election under this subchapter favor |
|
dissolution: |
|
(1) the board shall find that the district is |
|
dissolved; and |
|
(2) Section 36.310, Water Code, applies for the |
|
purpose of disposition of the district's assets. |
|
SECTION 2. The Brush Country Groundwater Conservation |
|
District initially includes all the territory contained in the |
|
following area: |
|
(a) all real property within the boundaries of Jim Hogg |
|
County, Texas; |
|
(b) 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; |
|
(c) all real property in Jim Wells County save and except |
|
all of those portions of Jim Wells County that, as of January 1, |
|
2009, are located within the Kenedy County Groundwater Conservation |
|
District; and |
|
(d) all real property in Hidalgo County contained in the |
|
following described area: |
|
10,953.38 acres of land, more or less, out of the Guadalupe |
|
Sanchez Grant, Abstract 481, Brooks County, Texas, also known as |
|
the "La Rucia Grant", and any adjoining surveys, the said 10,953.38 |
|
acres being more particularly described as follows: |
|
COMMENCING at a Stone marking the southwest corner of the |
|
Juan Garza Diaz Grant, Abstract 192, Brooks County, Texas, and |
|
Abstract 82, in Hidalgo County, Texas, being also an inner corner of |
|
the Argyle McAllen 8827.00 acre-tract as described in that certain |
|
Oil, Gas and Mineral Lease executed by Argyle McAllen in favor of |
|
Shell Oil Company, dated January 10, 1958, and recorded in Volume |
|
210, Page 342, of the Oil and Gas Records of said County; |
|
THENCE North 01° 15' 50" East with the east line of the said |
|
"La Rucia Grant" and with a fence, a distance of 322.2 varas to a |
|
fence corner marking the south-east corner and BEGINNING POINT of |
|
the herein described tract; |
|
THENCE in a westerly direction with the said fence, being |
|
also the north line of the said McAllen 8827.00-acre tract and with |
|
the north line of the Argyle McAllen 23,597.00 acre tract as |
|
described in the Oil, Gas and Mineral lease executed by Argyle |
|
McAllen in favor of Shell Oil Company, dated September 5, 1947, and |
|
recorded in Volume 74, page 112, of the Oil and Gas Records of |
|
Hidalgo County, Texas; thence with said line the following courses |
|
and distances: North 85° 06' 40" West, 3538.3 varas; North 84° 39' |
|
20" West, 2104.4 varas; and North 81° 32' 50" West, 725.3 varas to a |
|
southeast corner of the J. C. McGill, Jr., et al 640-acre tract, |
|
being a part of a 38,644.1-acre tract, being also a point on the |
|
east line of the Texas-Mexico R. R. Survey No. 189, Abstract 157; |
|
THENCE North 00° 55' East with the said fence and the east |
|
lines of the said Tex-Mex R. R. Survey No. 189, the Tex-Mex R. R. |
|
Survey No. 190, Abstract 785, and the Tex-Mex R. R. Survey No. 191, |
|
Abstract 158, a total distance of 5076.5 varas to a point for |
|
corner, from which a Mesquite Marked "X" bears South 61° 45' East |
|
74.0 varas; |
|
THENCE, North 00° 54' East with the said fence and with the |
|
east line of the Jose Antonio Morales Garcia and Apolinario Morales |
|
Garcia Grant, known as the "San Antonio Grant", Abstract 214, |
|
Brooks County, Abstract 578, Hidalgo County, and Abstract 103 in |
|
Starr County, a distance of 4280.8 varas to the fence corner, the |
|
southwest corner of the Louella Jones Borglum 7036.01-acre tract |
|
(called 8576.50 acres); |
|
THENCE, South 89° 40' East with the south fence and with the |
|
south line of the said Borglum 7036.01 acre tract a distance of |
|
6202.3 varas to a fence corner marking the southeast corner of the |
|
same, being also a point on the west line of the Juan Garza Diaz |
|
Grant, also known as the "Vargas Grant", Abstract 192, in Brooks |
|
County, and Abstract 82, in Hidalgo County, Texas; |
|
THENCE South 00° 04' West with the said fence and the west line |
|
of the said "Vargas Grant", a distance of 9924.7 varas to the PLACE |
|
OF BEGINNING and containing 10,953.38 acres of land, more or less. |
|
SECTION 3. (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. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |