82R10665 SLB-D

By: Wentworth S.B. No. 1901

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 3.0307, 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 2. 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 3. Section 3.0312(a), Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

(a) Except as provided by Section 3.0305(c) [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 $300].

SECTION 4. 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 25,000 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.

Sec. 3A.0353. CERTAIN PERMIT EXEMPTIONS INAPPLICABLE. Section 36.117(b)(1), Water Code, does not apply to the district.

Sec. 3A.0354. EXEMPTION FOR CERTAIN WELLS. (a) A well that was approved for drilling on or before the effective date of the Act enacting this part does not require a permit for drilling or operation.

(b) The owner or operator of a well that meets the requirements of Subsection (c) may apply for an exemption before September 1, 2017. A well that is exempt under that subsection does not require a permit for drilling or operation.

(c) A well is eligible for the exemption if the well satisfies the requirements for exemption as they existed on the day before the effective date of the Act enacting this part and the well:

(1) has not been approved for drilling before the effective date of the Act enacting this part; or

(2) is to be drilled to supply water for a subdivision of land for which plat approval required by Chapter 232, Local Government Code, has been received, but drilling on the well has not begun.

SECTION 5. The following sections of Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, are repealed:

(1) Sections 3.0304(d) and (e);

(2) Sections 3.0305(a) and (b); and

(3) Section 3.0306(b).

SECTION 6. 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 7. (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 8. 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.