88R8762 MP-F

By: Raymond H.B. No. 5401

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Webb County Groundwater Conservation District; providing authority to impose fees.

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 8889 to read as follows:

CHAPTER 8889. WEBB COUNTY GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8889.0101. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the district.

(2) "Commissioners court" means the Webb County Commissioners Court.

(3) "Director" means a member of the board.

(4) "District" means the Webb County Groundwater Conservation District.

Sec. 8889.0102. NATURE OF DISTRICT. The district is a groundwater conservation district in Webb County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 8889.0103. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The district is created to serve a public use and benefit.

(b) All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.

Sec. 8889.0104. DISTRICT TERRITORY. The district's boundaries are coextensive with the boundaries of Webb County, unless the district's territory has been modified under:

(1) Subchapter J or K, Chapter 36, Water Code; or

(2) other law.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8889.0201. COMPOSITION OF BOARD. The district is governed by a board of six appointed directors.

Sec. 8889.0202. TERMS AND APPOINTMENT OF DIRECTORS. (a) Directors serve staggered four-year terms. Directors are appointed by the commissioners court as follows:

(1) one director is appointed to represent a water supply corporation in the county;

(2) one director is appointed to represent municipal interests in the county; and

(3) four directors are appointed with one director appointed from each of the four commissioners court precincts.

(b) To be appointed under this section, a person:

(1) to the extent practicable, should be familiar with the use of water by industry and commerce, municipal and rural utilities, agriculture, and private wells; and

(2) does not need to be a registered voter or own land in Webb County.

(c) To the extent practicable:

(1) at least one director should be a licensed attorney with experience in groundwater regulation; and

(2) at least one director should be a registered professional engineer.

Sec. 8889.0203. VACANCIES. If there is a vacancy on the board, the commissioners court shall appoint a person to fill the vacancy for the remainder of the term in a manner that meets the representational requirements of Section 8889.0202.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8889.0301. GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. The district has the rights, powers, privileges, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.

Sec. 8889.0302. PROTECTION OF GROUNDWATER QUALITY. (a) To the extent authorized by law, the district may participate in the regulation of the disposal of waste into an aquifer in Webb County, including the Carrizo-Wilcox Aquifer.

(b) In response to an application filed with a state agency to dispose of waste that could affect the water quality of the Carrizo-Wilcox Aquifer within Webb County, the state agency shall provide the district with notice of the application and give the district the opportunity to participate in any hearings on the application.

Sec. 8889.0303. LIMITATION ON TAXES. The district may not impose a tax in the district.

Sec. 8889.0304. FEES. The district may assess a fee as authorized by Section 36.205, Water Code.

Sec. 8889.0305. NO EMINENT DOMAIN. The district may not exercise the power of eminent domain.

SECTION 2. Not later than December 31, 2023, the Webb County Commissioners Court shall appoint the directors of the Webb County Groundwater Conservation District as provided by Section 8889.0202, Special District Local Laws Code, as added by this Act.

SECTION 3. Until new desired future conditions are approved by Groundwater Management Area 13 with the participation of the Webb County Groundwater Conservation District, the modeled available groundwater from the Carrizo-Wilcox Aquifer in Webb County is considered to be 50,000 acre-feet per year for the purpose of amendments to the 2021 Region M regional water plan.

SECTION 4. (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, one of the required recipients, 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, the lieutenant governor, and the 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 5. 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, 2023.