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SECTION 1. Subtitle H, Title
6, Special District Local Laws Code, is amended by adding Chapter 8875 to
read as follows:
CHAPTER 8875. COMAL
TRINITY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8875.001.
DEFINITIONS. In this chapter:
(1) "Board"
means the board of directors of the district.
(2) "Commission"
means the Texas Commission on Environmental Quality.
(3) "Director"
means a member of the board.
(4) "District"
means the Comal Trinity Groundwater Conservation District.
(5) "Retail public
utility" means a retail public utility as defined by Section 13.002,
Water Code, that is providing service in the district on the effective date of this Act.
Sec. 8875.002. NATURE OF
DISTRICT.
Sec. 8875.003.
CONFIRMATION ELECTION REQUIRED. If the creation of the district is not
confirmed at a confirmation election held before September 1, 2018:
(1) the district is
dissolved on September 1, 2019, except
that:
(A) any debts incurred
shall be paid;
(B) any assets that
remain after the payment of debts shall be transferred to Comal County; and
(C) the organization of
the district shall be maintained until all debts are paid and remaining
assets are transferred; and
(2) this chapter expires
on September 1, 2020.
Sec. 8875.004. INITIAL
DISTRICT TERRITORY. The initial boundaries of the district are coextensive
with the boundaries of Comal County, Texas.
Sec. 8875.005. CONFLICTS
OF LAW.
SUBCHAPTER A-1. TEMPORARY
PROVISIONS
Sec. 8875.021.
APPOINTMENT OF TEMPORARY DIRECTORS. (a) The
Comal County Commissioners Court shall appoint five temporary directors to
serve terms not to exceed four years as follows:
(1) one temporary director shall be appointed from each of the four
commissioner precincts in the county to represent the precinct in which the
temporary director resides; and
(2) one temporary director who resides in the district shall be
appointed to represent the district at large.
No
equivalent provision.
(b) If there is a vacancy
on the temporary board of directors of the district, the remaining
temporary directors shall select a qualified person to fill the vacancy.
If, at any time, there are fewer than three qualified temporary directors,
the commission shall appoint the
necessary number of persons to fill all vacancies on the board.
(c) Temporary directors
or their successors serve until the earlier of:
(1) the time the initial
directors are elected as provided by Section
8875.023 and have qualified; or
(2) the date this chapter
expires under Section 8875.003.
Sec. 8875.022.
ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
Sec. 8875.023.
CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary directors
shall order an election to be held in the district to confirm the creation
of the district and to elect the initial
directors.
(b) At the confirmation
and initial directors' election, the temporary board shall have placed on
the ballot the names of the candidates for each of the five positions on
the board and provide blank spaces for the names of other candidates. To
be eligible to be a candidate for a position as a director, a person must
reside in the district.
(c) Section 41.001(a),
Election Code, does not apply to an election held under this section.
(d) Except as provided by
this section, a confirmation and initial
directors' election must be conducted as provided by the Election
Code and Sections 36.017(b)-(h), Water Code.
(e) If a majority of the
votes cast at the election are in favor of confirming the district's
creation, the temporary directors shall declare the district created. If a
majority of the votes cast are not in favor of confirming the district's
creation, the district's creation is not confirmed. The temporary directors
shall file a copy of the election results with the Texas Commission on
Environmental Quality.
(f) If the district's
creation is not confirmed at an election held under this section, the
temporary directors may order one or more subsequent elections to be held
to confirm the creation of the district not earlier than the first
anniversary of the preceding confirmation election. If the district's
creation is not confirmed at an election held under this section before September 1, 2018, the district is dissolved
in accordance with Section 8875.003.
Sec. 8875.024. INITIAL
DIRECTORS.
(a) If the creation of
the district is confirmed at an election held under Section 8875.023, the
temporary directors, at the time the vote is
canvassed, shall:
(1) declare for each board position the person who receives the most
votes for that position to be elected as the initial director for that
position; and
(2) include the results of the initial directors' election in the
district's election report to the Texas Commission on Environmental
Quality.
(b) The initial directors
elected to positions 2 and 3 serve terms expiring December 1 of the first
even-numbered year after the date of the confirmation election, and the
initial directors elected to positions 1, 4, and the at-large position
serve terms expiring December 1 of the second even-numbered year after the
date of the confirmation election.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
Sec. 8875.025. INITIAL
ELECTION OF PERMANENT DIRECTORS. On the uniform election date prescribed
by Section 41.001, Election Code, in November of the first even-numbered
year after the year in which the creation of the district is confirmed at an election held under Section 8875.023,
an election shall be held in the district for the election of two directors to replace the initial directors who shall serve until that
election.
No
equivalent provision.
Sec. 8875.026. EXPIRATION
OF SUBCHAPTER. This subchapter expires September
1, 2021.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8875.051. DIRECTORS;
TERMS.
Sec. 8875.052. METHOD OF
ELECTING DIRECTORS: COMMISSIONERS PRECINCTS.
Sec. 8875.053. ELECTION
DATE.
Sec. 8875.054. VACANCIES.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8875.101.
GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.
Sec. 8875.102. CONTRACTS.
Sec. 8875.103. BEST
MANAGEMENT PRACTICES. (a) The district may participate in the development
and implementation of best management practices for water resource
management in the district and may engage in and promote the acceptance of
best management practices through education efforts sponsored by the
district.
(b) Development and
implementation of best management practices must address water quantity and
quality practices such as brush management, prescribed grazing, recharge
structures, water and silt detention and retention structures, plugging of
abandoned wells, rainwater harvesting, and other treatment measures for the
conservation of water resources.
No
equivalent provision.
Sec. 8875.104.
LIMITATIONS ON DISTRICT POWERS. The district may not:
(1) require the owner of
a well used solely for domestic or livestock purposes to install a meter or
measuring device on the well;
(2) sell, transport, or
export groundwater outside of the district; or
(3) enter into a contract or engage in an action to supply water to
any person in the service area of a municipality or retail public utility
located in the district, except with the consent of the municipality or
retail public utility.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8875.151. FEES.
(a) The district may impose reasonable fees on
an annual basis on each nonexempt well and
on each well exempt from permitting under Section 36.117(b)(1), Water Code.
The district shall adopt any rules necessary for the assessment and
collection of fees under this subsection.
(b) The district may use
money collected from fees:
(1) in any manner
necessary for the management and operation of the district;
(2) to pay all or part of
the principal of and interest on district bonds or notes; and
(3) for any purpose
consistent with the district's approved water management plan.
No
equivalent provision.
No
equivalent provision.
Sec. 8875.152. PROPERTY
TAX EXEMPTION FOR WATER CONSERVATION INITIATIVES. (a) The district by
rule shall provide for granting exemptions from ad valorem taxes on
property on which a water conservation initiative has been implemented, as
provided by Section 11.32, Tax Code. The rules must provide that a retail
public utility is eligible to receive an exemption from ad valorem taxes on
property on the same grounds as any other district customer.
(b) To encourage retail
public utilities to obtain water supplies from sources other than
groundwater, rules adopted under Subsection (a) must include an exemption
from ad valorem taxes on property used and useful by a retail public
utility based on:
(1) the percentage of
potable water supplied in the district by the retail public utility from
sources other than groundwater compared to the total water supplied by the
retail public utility for the preceding year; and
(2) the percentage of
wastewater effluent produced by the retail public utility that is used as
reclaimed water in the district compared to the total wastewater effluent
produced by the retail public utility for the preceding year.
(c) For the purposes of
Subsection (a), the district may consider the effects of floods and
equipment breakage on the retail public utility's ability to supply water
from sources other than groundwater.
(d) The total amount of
the exemption from ad valorem taxes may not exceed one-half of the tax
imposed by the district.
Sec. 8875.153. LIMITATION
ON TAXES. The district may not impose an ad valorem tax for
administrative, operation, or maintenance expenses that exceeds the lesser
of:
(1) the rate approved by
the majority of the voters voting in the election authorizing the tax; or
(2) three-eighths of a
cent per $100 of assessed valuation.
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SECTION 1. Subtitle H, Title
6, Special District Local Laws Code, is amended by adding Chapter 8875 to
read as follows:
CHAPTER 8875. COMAL
TRINITY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8875.001. DEFINITIONS.
In this chapter:
(1) "Board"
means the board of directors of the district.
(2)
"Commission" means the Texas Commission on Environmental Quality.
(3) "Director"
means a member of the board.
(4) "District"
means the Comal Trinity Groundwater Conservation District.
(5) "Retail public
utility" means a retail public utility as defined by Section 13.002,
Water Code, that is providing service in the district.
Sec. 8875.002. NATURE OF
DISTRICT.
Sec. 8875.003.
CONFIRMATION ELECTION REQUIRED. If the creation of the district is not
confirmed at a confirmation election held before December 31, 2016:
(1) the district is
dissolved on December 31, 2017, except
that:
(A) any debts incurred
shall be paid;
(B) any assets that
remain after the payment of debts shall be transferred to Comal County; and
(C) the organization of
the district shall be maintained until all debts are paid and remaining
assets are transferred; and
(2) this chapter expires
on September 1, 2020.
Sec. 8875.004. INITIAL
DISTRICT TERRITORY. The initial boundaries of the district are coextensive
with the boundaries of Comal County, Texas, except
that the district does not include any territory that is included in the
boundaries of the Trinity Glen Rose Groundwater Conservation District.
Sec. 8875.005. CONFLICTS
OF LAW.
SUBCHAPTER A-1. TEMPORARY
PROVISIONS
Sec. 8875.021.
APPOINTMENT OF TEMPORARY DIRECTORS. (a) The
temporary board consists of:
(1) _______________;
(2) _______________;
(3) _______________;
(4) _______________; and
(5) _______________.
(b) The temporary
directors may adopt rules and assess fees to manage and operate the
district. On the election of the permanent directors, the permanent
directors shall consider and may approve the rules adopted by the temporary
directors. A rule that is not approved by the permanent directors is not
enforceable.
(c) If there is a vacancy
on the temporary board of directors of the district, the remaining
temporary directors shall select a qualified person to fill the vacancy.
If, at any time, there are fewer than three qualified temporary directors,
the Comal County Commissioners Court
shall appoint the necessary number of persons to fill all vacancies on the
board.
(d) Temporary directors
or their successors serve until the earlier of:
(1) the time the initial
directors are elected as provided by Section
8875.025 and have qualified; or
(2) the date this chapter
expires under Section 8875.003.
Sec. 8875.022.
ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
Sec. 8875.023.
CONFIRMATION ELECTION. (a) The temporary directors shall order an
election to be held in the district to confirm the creation of the
district.
No
equivalent provision.
(b) Section 41.001(a),
Election Code, does not apply to an election held under this section.
(c) Except as provided by
this section, a confirmation election must be conducted as provided by the
Election Code and Sections 36.017(b)-(h), Water Code.
(d) If a majority of the
votes cast at the election are in favor of confirming the district's
creation, the temporary directors shall declare the district created. If a
majority of the votes cast are not in favor of confirming the district's
creation, the district's creation is not confirmed. The temporary
directors shall file a copy of the election results with the commission.
(e) If the district's
creation is not confirmed at an election held under this section, the
temporary directors may order one or more subsequent elections to be held
to confirm the creation of the district not earlier than the first
anniversary of the preceding confirmation election. If the district's
creation is not confirmed at an election held under this section before December 31, 2016, the district is dissolved
in accordance with Section 8875.003.
Sec. 8875.024.
CONTINUATION OF TEMPORARY DIRECTORS.
(a) If the creation of
the district is confirmed at an election held under Section 8875.023, the
temporary directors shall continue to serve
as temporary directors until the uniform election date prescribed by
Section 41.001, Election Code, in November of the first even-numbered year
after the year in which the creation of the district is confirmed.
No
equivalent provision.
(b) The term of a
temporary director may not exceed four years.
(c) If permanent
directors have not been elected under Section 8875.025 and the terms of the
temporary directors have expired, successor temporary directors shall be
appointed or reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent
directors are elected under Section 8875.025; or
(2) the fourth
anniversary of the date of the appointment or reappointment.
(d) If Subsection (c)
applies, the temporary directors may submit a petition to the Comal County
Commissioners Court requesting that the commissioners court appoint as
successor temporary directors the five persons named in the petition. The
commissioners court shall appoint as successor temporary directors the five
persons named in the petition.
Sec. 8875.025. INITIAL
ELECTION OF PERMANENT DIRECTORS. (a) On the uniform election date
prescribed by Section 41.001, Election Code, in November of the first
even-numbered year after the year in which the creation of the district is
confirmed under Section 8875.023, an election shall be held in the district
for the election of five directors to
replace the temporary directors who
shall serve until that election.
(b) The initial permanent
directors shall draw lots to determine which three directors shall serve a
four-year term and which two directors shall serve a two-year term.
Sec. 8875.026. EXPIRATION
OF SUBCHAPTER. This subchapter expires December
31, 2019.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8875.051. DIRECTORS;
TERMS.
Sec. 8875.052. METHOD OF
ELECTING DIRECTORS: COMMISSIONERS PRECINCTS.
Sec. 8875.053. ELECTION
DATE.
Sec. 8875.054. VACANCIES.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8875.101.
GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES.
Sec. 8875.102. CONTRACTS.
Sec. 8875.103. BEST
MANAGEMENT PRACTICES. (a) The district may participate in the development
and implementation of best management practices for water resource
management in the district and may engage in and promote the acceptance of
best management practices through education efforts sponsored by the
district.
(b) Development and
implementation of best management practices must address water quantity and
quality practices such as brush management, prescribed grazing, recharge
structures, water and silt detention and retention structures, plugging of
abandoned wells, rainwater harvesting, and other treatment measures for the
conservation of water resources.
(c) The district may not
adopt or implement a best management practice that is in conflict with or
duplicative of a best management practice adopted by a groundwater
conservation district whose territory covers any part of Comal County.
Sec. 8875.104.
LIMITATIONS ON DISTRICT POWERS. (a) The district may not:
(1) require the owner of
a well used solely for domestic or livestock purposes to install a meter or
measuring device on the well;
(2) except as provided by Subdivision (3), and notwithstanding
Section 36.122, Water Code, allow the sale, transport, or export of
groundwater produced from a well inside the
district to a person or location outside the district;
(3) if the owner of a well with a certificate of public convenience
and necessity obtains a permit from the district, prohibit the sale,
transport, or export of groundwater produced from a well inside the
district to a person located inside the territory covered by the well
owner's certificate of public convenience and necessity; or
(4) assess and collect a production fee on wells exempt from
permitting.
(b) The district does not
have the authority granted by Sections 36.020 and 36.201-36.204, Water
Code, relating to taxes.
Sec. 8875.105. WELL
EXEMPTION. Notwithstanding Section 36.117(j), Water Code, a well drilled
on or before the effective date of the Act enacting this chapter, for any
purpose authorized under this chapter, is exempt from the requirement to
obtain a withdrawal permit provided that the well:
(1) is used solely for
domestic use or for providing water for livestock or poultry regardless of
land lot size and is drilled, completed, or equipped so that it is
incapable of producing more than 25,000 gallons of groundwater a day;
(2) is not capable of
producing more than 10,000 gallons of water a day; or
(3) is metered and does
not produce more than 10 acre-feet of water in a calendar year.
Sec. 8875.106. MEASURING
DEVICES. (a) The owner of a nonexempt well shall install and maintain a
water well meter, or alternative measuring device or method approved by the
district, designed to indicate the flow rate and cumulative amount of water
withdrawn by that well, on each individual well no later than 36 months
after the effective date of the Act enacting this chapter.
(b) A well owner is
responsible for the costs of installing, operating, and maintaining
measuring devices.
Sec. 8875.107. NO EMINENT
DOMAIN. The district may not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8875.151. FEES.
(a) The district may impose reasonable production
fees only on each nonexempt well based on the amount of water actually withdrawn
from the well. The district shall adopt any rules necessary for the
assessment and collection of fees under this subsection.
(b) The district may use
money collected from fees:
(1) in any manner
necessary for the management and operation of the district;
(2) to pay all or part of
the principal of and interest on district bonds or notes; and
(3) for any purpose
consistent with the district's approved water management plan.
(c) The production fee
may not exceed $30 per acre-foot.
(d) Not later than two
years after the date on which the district is confirmed at an election, the
directors of the district shall reconsider the production fee cap provided
by Subsection (c) for the sole purpose of determining if decreasing the
dollar amount of the production fee cap would more accurately reflect
actual water use and actual expenses related to managing and operating the
district. The district may set a lower production fee cap if the lower cap
more accurately reflects the actual water use and actual expenses related
to managing and operating the district.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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