|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the Hays Trinity Groundwater Conservation District. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 3.0305(a), Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001, is amended to read as follows: |
|
(a) The following wells are exempt from the requirements of |
|
Chapter 36, Water Code, and may not be regulated, permitted, or |
|
metered by the district: |
|
(1) a well used for domestic use by a single private |
|
residential household and producing not more [less] than 15,000 |
|
[25,000] gallons per day; and |
|
(2) a well used for conventional farming and ranching |
|
activities, including such intensive operations as aquaculture, |
|
livestock feedlots, or poultry operations. |
|
SECTION 2. Section 3.0307, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001, is amended by amending |
|
Subsection (d) and adding Subsection (i) to read as follows: |
|
(d) Permanent directors serve staggered four-year |
|
[two-year] terms. |
|
(i) A director may not serve more than two consecutive |
|
four-year terms. A former director may serve a third or subsequent |
|
term if that director has not served for four years. A former |
|
director who has not served for four years may be appointed to fill |
|
a vacancy on the board and, if elected, may serve two full terms |
|
after the expiration of the term to fill the vacancy. |
|
SECTION 3. Section 3.0310, Chapter 966, Acts of the 77th |
|
Legislature, Regular Session, 2001, is amended to read as follows: |
|
Sec. 3.0310. ELECTION OF DIRECTORS. [(a)] On the uniform |
|
election date [first Saturday] in May of each even-numbered year |
|
[or the first Tuesday after the first Monday in November of the
|
|
first even-numbered year after the year in which the district is
|
|
authorized to be created at a confirmation election], an election |
|
shall be held in the district for the election of the appropriate |
|
number of [three] directors [to serve two-year terms and two
|
|
directors to serve one-year terms]. |
|
[(b)
On the first Saturday in May or the first Tuesday after
|
|
the first Monday in November, as applicable, of each subsequent
|
|
second year following the election held under Subsection (a) of
|
|
this section, the appropriate number of directors shall be
|
|
elected.] |
|
SECTION 4. Sections 3.0312(a) and (b), Chapter 966, Acts of |
|
the 77th Legislature, Regular Session, 2001, are amended to read as |
|
follows: |
|
(a) Except as provided by Sections 3.0305(b) and (c) of this |
|
part, the district may require a permit for the construction of a |
|
new well completed after the effective date of this Act and may |
|
charge and collect a construction permit fee not to exceed $1,000 |
|
[$300]. |
|
(b) The district may levy and collect a water utility |
|
service connection fee not to exceed $1,000 [$300] for each new |
|
water service connection made after the effective date of this Act. |
|
This subsection does not apply to a water utility that has surface |
|
water as its sole source of water. |
|
SECTION 5. Chapter 966, Acts of the 77th Legislature, |
|
Regular Session, 2001, is amended by adding Part 3A to read as |
|
follows: |
|
PART 3A. CERTAIN POWERS OF THE HAYS TRINITY GROUNDWATER |
|
CONSERVATION DISTRICT |
|
Sec. 3A.0351. DEFINITIONS. In this part: |
|
(1) "Board" means the board of directors of the |
|
district. |
|
(2) "District" means the Hays Trinity Groundwater |
|
Conservation District. |
|
Sec. 3A.0352. HIGH VOLUME WELLS. (a) In this section, |
|
"high volume well" means a well that is capable of producing more |
|
than 15,000 gallons per day for any use. |
|
(b) An application for a permit to operate a high volume |
|
well in the district must include: |
|
(1) the name and mailing address of all persons who own |
|
property within one-quarter mile of the well site; and |
|
(2) proof that the owner or operator requesting the |
|
permit has provided notice to all persons listed in Subdivision (1) |
|
according to the form prescribed by the board. |
|
SECTION 6. Sections 3.0304(d) and 3.0306(b), Chapter 966, |
|
Acts of the 77th Legislature, Regular Session, 2001, are repealed. |
|
SECTION 7. Not later than three months after the effective |
|
date of this Act, the board of directors of the Hays Trinity |
|
Groundwater Conservation District shall adopt rules to implement |
|
Part 3A, Chapter 966, Acts of the 77th Legislature, Regular |
|
Session, 2001, as added by this Act. |
|
SECTION 8. (a) Section 3.0310, Chapter 966, Acts of the |
|
77th Legislature, Regular Session, 2001, as amended by this Act, |
|
applies only to a member of the board of directors of the Hays |
|
Trinity Groundwater Conservation District elected on or after |
|
September 1, 2011. |
|
(b) A member of the board of directors of the Hays Trinity |
|
Groundwater Conservation District elected in May 2010 serves a |
|
two-year term. |
|
(c) A member of the board of directors of the Hays Trinity |
|
Groundwater Conservation District elected in May 2011 serves a |
|
three-year term. |
|
SECTION 9. 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, 2011. |