81R8402 PMO-D
By: Gallego H.B. No. 4743
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Terrell County Groundwater
Conservation District; providing authority to impose a tax and
issue bonds.
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 8854 to read as follows:
CHAPTER 8854. TERRELL COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8854.001. 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 Terrell County Groundwater
Conservation District.
Sec. 8854.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Terrell County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Sec. 8854.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8854.023 before December 31, 2010:
(1) the district is dissolved December 31, 2010,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Terrell 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 September 1, 2014.
Sec. 8854.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Terrell County, Texas.
Sec. 8854.005. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by
this section or this chapter, Chapter 36, Water Code, applies to the
district.
(b) Section 36.121, Water Code, does not apply to the
district.
[Sections 8854.006-8854.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8854.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
Not later than the 45th day after the effective date of the Act
enacting this chapter, five temporary directors shall be appointed
as follows:
(1) the Terrell County Commissioners Court shall
appoint four temporary directors, with one of the temporary
directors appointed from each of the four commissioners precincts
in the county to represent the precincts in which the temporary
directors reside; and
(2) the county judge of Terrell County shall appoint
one temporary director who resides in the district to represent the
district at large.
(b) Of the temporary directors, at least one director must
represent rural water suppliers in the district, one must represent
agricultural interests in the district, and one must represent
industrial interests in the district.
(c) If there is a vacancy on the temporary board of
directors of the district, the Terrell County Commissioners Court
shall appoint a person to fill the vacancy in a manner that meets
the representational requirements of this section.
(d) Temporary directors serve until the earlier of:
(1) the date initial directors are elected under
Section 8854.023; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(e) If initial directors have not been elected under Section
8854.023 and the terms of the temporary directors have expired,
successor temporary directors shall be appointed in the manner
provided by Subsections (a) and (b) to serve terms that expire on
the date this subchapter expires under Section 8854.026.
Sec. 8854.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 36.055, Water Code, a
majority of the temporary directors shall convene the
organizational meeting of the district at a location within the
district agreeable to a majority of the directors. If an agreement
on location cannot be reached, the organizational meeting shall be
at the Terrell County Courthouse.
Sec. 8854.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect the initial
directors of the district.
(b) The temporary directors shall have placed on the ballot
the names of all candidates for an initial director's position who
have filed an application for a place on the ballot as provided by
Section 52.003, Election Code.
(c) The ballot must be printed to provide for voting for or
against the proposition: "The creation of the Terrell County
Groundwater Conservation District."
(d) Section 41.001(a), Election Code, does not apply to an
election held under this section.
(e) Except as provided by this section, an election under
this section must be conducted as provided by Sections
36.017(b)-(i), Water Code, and the Election Code. The provision of
Section 36.017(d), Water Code, relating to the election of
permanent directors does not apply to an election under this
section.
Sec. 8854.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8854.023,
the directors elected shall take office as initial directors of the
district and serve on the board of directors until permanent
directors are elected under Section 8854.025 or 8854.053.
(b) The four initial directors representing the
commissioners precincts shall draw lots to determine which two
shall serve a term expiring June 1 following the first regularly
scheduled election of directors under Section 8854.025, and which
two shall serve a term expiring June 1 following the second
regularly scheduled election of directors. The at-large director
shall serve a term expiring June 1 following the second regularly
scheduled election of directors.
Sec. 8854.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On
the uniform election date prescribed by Section 41.001, Election
Code, in May 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 two directors to replace the initial directors who, under
Section 8854.024(b), serve a term expiring June 1 following that
election.
Sec. 8854.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
[Sections 8854.027-8854.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8854.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms, with two or
three directors' terms expiring June 1 of each even-numbered year.
(c) A director may serve consecutive terms.
Sec. 8854.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (a) The directors of the district shall be elected
according to the commissioners precinct method as provided by this
section.
(b) One director shall be elected by the voters of the
entire district, and one director shall be elected from each county
commissioners precinct by the voters of that precinct.
(c) Except as provided by Subsection (e), to be eligible to
be a candidate for or to serve as director at large, a person must be
a registered voter in the district. To be a candidate for or to
serve as director from a county commissioners precinct, a person
must be a registered voter of that precinct.
(d) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(e) When the boundaries of the county commissioners
precincts are redrawn after each federal decennial census to
reflect population changes, a director in office on the effective
date of the change, or a director elected or appointed before the
effective date of the change whose term of office begins on or after
the effective date of the change, shall serve in the precinct to
which elected or appointed even though the change in boundaries
places the person's residence outside the precinct for which the
person was elected or appointed.
Sec. 8854.053. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date prescribed by Section 41.001, Election Code,
in May of each even-numbered year.
Sec. 8854.054. COMPENSATION. (a) Sections 36.060(a), (b),
and (d), Water Code, do not apply to the district.
(b) A director is entitled to receive compensation of not
more than $50 a day for each day the director actually spends
performing the duties of a director. The compensation may not
exceed $3,000 a year.
(c) The board may authorize a director to receive
reimbursement for the director's reasonable expenses incurred
while engaging in activities on behalf of the board.
[Sections 8854.055-8854.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8854.101. GENERAL POWERS. Except as otherwise
provided by this chapter, the district has all of the rights,
powers, privileges, functions, and duties provided by the general
law of this state applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 8854.102. PROHIBITION ON DISTRICT PURCHASE, SALE,
TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
purchase, sell, transport, or distribute surface water or
groundwater for any purpose.
Sec. 8854.103. PROHIBITION ON DISTRICT USE OF EMINENT
DOMAIN POWER. The district may not exercise the power of eminent
domain.
[Sections 8854.104-8854.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8854.151. LIMITATION ON TAXES. The district may not
impose ad valorem taxes at a rate that exceeds 1.5 cents on each
$100 valuation of taxable property in the district.
Sec. 8854.152. FEES. (a) The board by rule may impose
reasonable fees on each well:
(1) for which a permit is issued by the district; and
(2) that is not exempt from district regulation.
(b) A production fee may be based on:
(1) the size of column pipe used by the well; or
(2) the amount of water actually withdrawn from the
well, or the amount authorized or anticipated to be withdrawn.
(c) The board shall base the initial production fee on the
criteria listed in Subsection (b)(2). The initial production fee:
(1) may not exceed:
(A) 25 cents per acre-foot for water used for
agricultural irrigation; or
(B) 4.25 cents per thousand gallons for water
used for any other purpose; and
(2) may be increased at a cumulative rate not to exceed
three percent per year.
(d) In addition to the production fee authorized under this
section, the district may assess an export fee on groundwater from a
well that is produced for transport outside the district.
(e) Fees authorized by this section may be:
(1) assessed annually;
(2) used to pay the cost of district operations; and
(3) used for any other purpose allowed under Chapter
36, Water Code.
Sec. 8854.153. LIMITATION ON INDEBTEDNESS. The district
may issue bonds and notes under Subchapter F, Chapter 36, Water
Code, except that the total indebtedness created by that issuance
may not exceed $500,000 at any time.
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.