|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Prairielands Groundwater |
|
Conservation District; providing authority to issue bonds and |
|
granting the power of eminent domain. |
|
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 8840 to read as follows: |
|
CHAPTER 8840. PRAIRIELANDS GROUNDWATER |
|
CONSERVATION DISTRICT |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8840.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "Director" means a member of the board. |
|
(3) "District" means the Prairielands Groundwater |
|
Conservation District. |
|
(4) "Person" has the meaning assigned by Section |
|
311.005, Government Code. |
|
Sec. 8840.002. NATURE OF DISTRICT; FINDINGS. (a) The |
|
district is a groundwater conservation district initially composed |
|
of Ellis, Hill, Johnson, and Somervell Counties created under and |
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
Texas Constitution. |
|
(b) The district is created to serve a public use and |
|
benefit. |
|
(c) All of the land and other property included within the |
|
boundaries of the district will be benefited by the works and |
|
projects that are to be accomplished by the district under powers |
|
conferred by this chapter and by Chapter 36, Water Code. |
|
(d) Any fees imposed by the district under this chapter are |
|
necessary to pay for the costs of accomplishing the purposes of the |
|
district, including the conservation and management of groundwater |
|
resources, as provided by this chapter and Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8840.003. DISTRICT TERRITORY. The initial territory of |
|
the district shall encompass all of the territory within Ellis, |
|
Hill, Johnson, and Somervell Counties. |
|
Sec. 8840.004. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION |
|
DISTRICT LAW. Except as otherwise provided by this chapter, |
|
Chapter 36, Water Code, applies to the district. |
|
Sec. 8840.005. CONSTRUCTION OF CHAPTER. This chapter shall |
|
be liberally construed to achieve the purposes of the district and |
|
the 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. |
|
[Sections 8840.006-8840.020 reserved for expansion] |
|
SUBCHAPTER B. INITIAL ORGANIZATION |
|
Sec. 8840.021. APPOINTMENT OF INITIAL DIRECTORS. (a) The |
|
district is governed by a board of eight initial directors |
|
appointed as provided by Section 8840.051(a). |
|
(b) Initial directors shall be appointed not later than the |
|
90th day after the effective date of the Act enacting this chapter. |
|
If after the end of the 90-day period fewer than eight initial |
|
directors have been appointed, each unfilled initial director |
|
position shall be filled by the remaining initial directors. |
|
(c) Except as provided under Subsection (b) for failure to |
|
appoint an initial director, if a vacancy occurs on the board in a |
|
position for which an initial director has previously been |
|
appointed, the appointing county commissioners court for the vacant |
|
position shall appoint a person to fill the vacancy in a manner that |
|
meets the representational requirements of Section 8840.051. |
|
(d) To be eligible to serve as an initial director, a person |
|
must be a registered voter in the appointing county. |
|
(e) Each initial director must qualify to serve as a |
|
director in the manner provided by Section 36.055, Water Code. |
|
Sec. 8840.022. ORGANIZATIONAL MEETING OF INITIAL DIRECTORS. |
|
As soon as practicable after all the initial directors have |
|
qualified under Section 36.055, Water Code, a majority of the |
|
initial directors shall convene the organizational meeting of the |
|
district at a location in the district agreeable to a majority of |
|
the directors. If an agreement on location cannot be reached, the |
|
organizational meeting shall be held at a suitable location on the |
|
Hill College campus in Cleburne, Johnson County, Texas. |
|
Sec. 8840.023. INITIAL TERMS. (a) The two directors |
|
appointed from each county shall draw lots to determine which |
|
director serves an initial term expiring August 31, 2011, and which |
|
director serves an initial term expiring August 31, 2013. |
|
(b) Following the expiration of the initial terms, each |
|
director shall be appointed and shall serve in accordance with the |
|
provisions of Subchapter C. |
|
[Sections 8840.024-8840.050 reserved for expansion] |
|
SUBCHAPTER C. BOARD OF DIRECTORS |
|
Sec. 8840.051. GOVERNING BODY; TERMS. (a) Except as |
|
otherwise provided by Subchapter D, the district is governed by a |
|
board of eight directors appointed as follows: |
|
(1) two directors appointed by the Ellis County |
|
Commissioners Court; |
|
(2) two directors appointed by the Hill County |
|
Commissioners Court; |
|
(3) two directors appointed by the Johnson County |
|
Commissioners Court; and |
|
(4) two directors appointed by the Somervell County |
|
Commissioners Court. |
|
(b) Directors serve staggered four-year terms, with the |
|
term of one director from each of the four counties expiring on |
|
August 31 of each odd-numbered year. |
|
(c) A director may serve multiple consecutive terms. |
|
Sec. 8840.052. DIRECTOR ELIGIBILITY; QUALIFICATION. |
|
(a) To be eligible to serve as a director, a person must be a |
|
registered voter in the appointing county. |
|
(b) Each director must qualify to serve in the manner |
|
provided by Section 36.055, Water Code. |
|
Sec. 8840.053. VACANCIES. If a vacancy occurs on the board, |
|
the appointing county commissioners court for the vacant position |
|
shall appoint a person to fill the vacancy. Section 36.051(c), |
|
Water Code, does not apply to the district. |
|
Sec. 8840.054. COMPENSATION; REIMBURSEMENT. |
|
(a) Notwithstanding Sections 36.060(a) and (d), Water Code, a |
|
director may not receive compensation for performing the duties of |
|
director. |
|
(b) A director is entitled to reimbursement of actual |
|
expenses reasonably and necessarily incurred while engaging in |
|
activities on behalf of the district. |
|
[Sections 8840.055-8840.070 reserved for expansion] |
|
SUBCHAPTER D. DISTRICT EXPANSION |
|
Sec. 8840.071. EXPANSION OF DISTRICT BOUNDARIES. (a) After |
|
the effective date of the Act enacting this chapter, the district |
|
territory described in Section 8840.003 shall be expanded to |
|
include all of the territory within Navarro County, and the |
|
governing board described in Section 8840.051(a) shall likewise be |
|
expanded to include two directors appointed by the Navarro County |
|
Commissioners Court, if: |
|
(1) under Chapter 35, Water Code, the Texas Commission |
|
on Environmental Quality designates all or any portion of the |
|
territory within Navarro County as a priority groundwater |
|
management area; and |
|
(2) following the designation described by |
|
Subdivision (1), the commissioners court of Navarro County adopts a |
|
resolution that: |
|
(A) includes the following statement: "By this |
|
action of the Navarro County Commissioners Court, all of the |
|
territory within Navarro County, Texas, shall, as of the date of |
|
this resolution, be included within the boundaries of the |
|
Prairielands Groundwater Conservation District"; and |
|
(B) appoints two directors, each of whom are |
|
registered to vote in Navarro County, to the board. |
|
(b) Persons appointed under this section must qualify to |
|
serve in the manner provided for in Section 36.055, Water Code. |
|
(c) At the first regular meeting of the board following the |
|
qualification of both directors, the two directors appointed under |
|
this section shall draw lots to determine which director serves a |
|
term expiring August 31 of the first odd-numbered year after the |
|
directors' appointment, and which director serves a term expiring |
|
August 31 of the next odd-numbered year. |
|
(d) Directors appointed under this section shall otherwise |
|
serve in accordance with the provisions of Subchapter C. |
|
[Sections 8840.072-8840.100 reserved for expansion] |
|
SUBCHAPTER E. POWERS AND DUTIES |
|
Sec. 8840.101. 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. 8840.102. CONTRACTS. The district may enter into a |
|
contract with any person, public or private, for any purpose |
|
authorized by law. |
|
Sec. 8840.103. APPLICABILITY OF DISTRICT REGULATIONS. |
|
Groundwater regulation under this chapter applies to all persons |
|
except as exempted from permitting under Section 36.117, Water |
|
Code, or this chapter. |
|
Sec. 8840.104. 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 and notwithstanding |
|
Section 8840.103, 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. 8840.105. 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, except for a well exempt from permitting under |
|
Subsection (b)(1) of that section, to report groundwater |
|
withdrawals from the well using reasonable and appropriate |
|
reporting methods and frequency. |
|
Sec. 8840.106. CERTAIN CONSIDERATIONS FOR PRODUCTION |
|
PERMITS. In addition to matters the district must consider under |
|
Section 36.113, Water Code, before granting or denying a permit or |
|
permit amendment for a new well, the district shall also consider |
|
whether the proposed use of groundwater includes supplementing |
|
water levels in, or filling, a pond, lake, reservoir, or other |
|
surface impoundment to enhance the aesthetic nature of landscape. |
|
For purposes of this chapter, evaporative and other losses of |
|
groundwater associated with these uses may be designated by the |
|
district as waste if the board determines that the losses will have |
|
an unreasonably adverse impact on the conservation of groundwater |
|
resources within the district or the ability of the district to |
|
achieve the goals and objectives of its management plan. |
|
Sec. 8840.107. ENFORCEMENT. (a) The district may enforce |
|
this chapter against any person in the manner provided by Chapter |
|
36, Water Code. In lieu of a remedy available to the district under |
|
Section 36.102, Water Code, or in addition to those remedies, the |
|
district may impose a fee in addition to a fee assessed under |
|
Section 8840.152 on a person producing groundwater in violation of |
|
a rule of the district, including the failure or refusal to comply |
|
with any order or rule of the district to reduce or cease |
|
groundwater usage. The purpose of a fee authorized under this |
|
subsection is to serve as a disincentive to producing groundwater |
|
except as authorized by the district. |
|
(b) A fee imposed under Subsection (a) may not exceed an |
|
amount equal to 10 times the amount of a fee assessed under Section |
|
8840.152. |
|
[Sections 8840.108-8840.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8840.151. TAXES PROHIBITED. The district may not |
|
impose a tax. Sections 36.020(a) and 36.201-36.204, Water Code, do |
|
not apply to the district. |
|
Sec. 8840.152. DISTRICT REVENUES. (a) The district by |
|
rule, resolution, or order may establish, amend, pledge, encumber, |
|
expend the proceeds from, and assess to any person production fees |
|
based on the amount of groundwater authorized by permit to be |
|
withdrawn from a well, or on the amount of water actually withdrawn, |
|
to enable the district to fulfill its purposes and regulatory |
|
functions as provided by this chapter. The district may use |
|
revenues generated by fees it assesses for any lawful purpose. |
|
(b) Notwithstanding any provision of general law to the |
|
contrary, a fee authorized by Subsection (a) may not exceed: |
|
(1) $1 per acre-foot annually for groundwater used for |
|
agricultural purposes; or |
|
(2) 30 cents per thousand gallons annually for |
|
groundwater used for nonagricultural purposes. |
|
(c) Notwithstanding any provision of general law or this |
|
chapter to the contrary, the district may assess a production fee |
|
under this section for groundwater produced from a well or class of |
|
wells exempt from permitting under Section 36.117, Water Code, |
|
except for a well exempt from permitting under Section |
|
36.117(b)(1), Water Code. A production fee assessed by the |
|
district under this subsection must be based on the amount of |
|
groundwater actually withdrawn from the well and may not exceed the |
|
amount established by the district for permitted uses under |
|
Subsection (b)(2). |
|
(d) Notwithstanding Section 36.1071(f), Water Code, the |
|
district by rule, resolution, or order before the adoption of its |
|
management plan may: |
|
(1) establish, assess, and enforce the collection of |
|
production fees under this section; and |
|
(2) establish and enforce metering and reporting |
|
requirements, except for a well exempt from permitting under |
|
Section 36.117(b)(1), Water Code. |
|
(e) The district by rule may establish a temporary or |
|
permanent discounted fee rate for persons who prepay production |
|
fees to the district under this section on or before the dates |
|
established by district rule. |
|
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 September 1, 2009. |