Texas 2009 - 81st Regular

Texas House Bill HB4743 Compare Versions

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1	1	81R8402 PMO-D
2	2	By: Gallego H.B. No. 4743
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Terrell County Groundwater
8	8	Conservation District; providing authority to impose a tax and
9	9	issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle H, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8854 to read as follows:
13	13	CHAPTER 8854. TERRELL COUNTY GROUNDWATER
14	14	CONSERVATION DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8854.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the board of directors of the
18	18	district.
19	19	(2) "Director" means a member of the board.
20	20	(3) "District" means the Terrell County Groundwater
21	21	Conservation District.
22	22	Sec. 8854.002. NATURE OF DISTRICT. The district is a
23	23	groundwater conservation district in Terrell County created under
24	24	and essential to accomplish the purposes of Section 59, Article
25	25	XVI, Texas Constitution.
26	26	Sec. 8854.003. CONFIRMATION ELECTION REQUIRED. If the
27	27	creation of the district is not confirmed at a confirmation
28	28	election held under Section 8854.023 before December 31, 2010:
29	29	(1) the district is dissolved December 31, 2010,
30	30	except that:
31	31	(A) any debts incurred shall be paid;
32	32	(B) any assets that remain after the payment of
33	33	debts shall be transferred to Terrell County; and
34	34	(C) the organization of the district shall be
35	35	maintained until all debts are paid and remaining assets are
36	36	transferred; and
37	37	(2) this chapter expires September 1, 2014.
38	38	Sec. 8854.004. INITIAL DISTRICT TERRITORY. The initial
39	39	boundaries of the district are coextensive with the boundaries of
40	40	Terrell County, Texas.
41	41	Sec. 8854.005. APPLICABILITY OF OTHER GROUNDWATER
42	42	CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by
43	43	this section or this chapter, Chapter 36, Water Code, applies to the
44	44	district.
45	45	(b) Section 36.121, Water Code, does not apply to the
46	46	district.
47	47	[Sections 8854.006-8854.020 reserved for expansion]
48	48	SUBCHAPTER A-1. TEMPORARY PROVISIONS
49	49	Sec. 8854.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
50	50	Not later than the 45th day after the effective date of the Act
51	51	enacting this chapter, five temporary directors shall be appointed
52	52	as follows:
53	53	(1) the Terrell County Commissioners Court shall
54	54	appoint four temporary directors, with one of the temporary
55	55	directors appointed from each of the four commissioners precincts
56	56	in the county to represent the precincts in which the temporary
57	57	directors reside; and
58	58	(2) the county judge of Terrell County shall appoint
59	59	one temporary director who resides in the district to represent the
60	60	district at large.
61	61	(b) Of the temporary directors, at least one director must
62	62	represent rural water suppliers in the district, one must represent
63	63	agricultural interests in the district, and one must represent
64	64	industrial interests in the district.
65	65	(c) If there is a vacancy on the temporary board of
66	66	directors of the district, the Terrell County Commissioners Court
67	67	shall appoint a person to fill the vacancy in a manner that meets
68	68	the representational requirements of this section.
69	69	(d) Temporary directors serve until the earlier of:
70	70	(1) the date initial directors are elected under
71	71	Section 8854.023; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act creating this chapter.
74	74	(e) If initial directors have not been elected under Section
75	75	8854.023 and the terms of the temporary directors have expired,
76	76	successor temporary directors shall be appointed in the manner
77	77	provided by Subsections (a) and (b) to serve terms that expire on
78	78	the date this subchapter expires under Section 8854.026.
79	79	Sec. 8854.022. ORGANIZATIONAL MEETING OF TEMPORARY
80	80	DIRECTORS. As soon as practicable after all the temporary
81	81	directors have qualified under Section 36.055, Water Code, a
82	82	majority of the temporary directors shall convene the
83	83	organizational meeting of the district at a location within the
84	84	district agreeable to a majority of the directors. If an agreement
85	85	on location cannot be reached, the organizational meeting shall be
86	86	at the Terrell County Courthouse.
87	87	Sec. 8854.023. CONFIRMATION AND INITIAL DIRECTORS'
88	88	ELECTION. (a) The temporary directors shall hold an election to
89	89	confirm the creation of the district and to elect the initial
90	90	directors of the district.
91	91	(b) The temporary directors shall have placed on the ballot
92	92	the names of all candidates for an initial director's position who
93	93	have filed an application for a place on the ballot as provided by
94	94	Section 52.003, Election Code.
95	95	(c) The ballot must be printed to provide for voting for or
96	96	against the proposition: "The creation of the Terrell County
97	97	Groundwater Conservation District."
98	98	(d) Section 41.001(a), Election Code, does not apply to an
99	99	election held under this section.
100	100	(e) Except as provided by this section, an election under
101	101	this section must be conducted as provided by Sections
102	102	36.017(b)-(i), Water Code, and the Election Code. The provision of
103	103	Section 36.017(d), Water Code, relating to the election of
104	104	permanent directors does not apply to an election under this
105	105	section.
106	106	Sec. 8854.024. INITIAL DIRECTORS. (a) If creation of the
107	107	district is confirmed at an election held under Section 8854.023,
108	108	the directors elected shall take office as initial directors of the
109	109	district and serve on the board of directors until permanent
110	110	directors are elected under Section 8854.025 or 8854.053.
111	111	(b) The four initial directors representing the
112	112	commissioners precincts shall draw lots to determine which two
113	113	shall serve a term expiring June 1 following the first regularly
114	114	scheduled election of directors under Section 8854.025, and which
115	115	two shall serve a term expiring June 1 following the second
116	116	regularly scheduled election of directors. The at-large director
117	117	shall serve a term expiring June 1 following the second regularly
118	118	scheduled election of directors.
119	119	Sec. 8854.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On
120	120	the uniform election date prescribed by Section 41.001, Election
121	121	Code, in May of the first even-numbered year after the year in which
122	122	the district is authorized to be created at a confirmation
123	123	election, an election shall be held in the district for the election
124	124	of two directors to replace the initial directors who, under
125	125	Section 8854.024(b), serve a term expiring June 1 following that
126	126	election.
127	127	Sec. 8854.026. EXPIRATION OF SUBCHAPTER. This subchapter
128	128	expires September 1, 2014.
129	129	[Sections 8854.027-8854.050 reserved for expansion]
130	130	SUBCHAPTER B. BOARD OF DIRECTORS
131	131	Sec. 8854.051. DIRECTORS; TERMS. (a) The district is
132	132	governed by a board of five directors.
133	133	(b) Directors serve staggered four-year terms, with two or
134	134	three directors' terms expiring June 1 of each even-numbered year.
135	135	(c) A director may serve consecutive terms.
136	136	Sec. 8854.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
137	137	PRECINCTS. (a) The directors of the district shall be elected
138	138	according to the commissioners precinct method as provided by this
139	139	section.
140	140	(b) One director shall be elected by the voters of the
141	141	entire district, and one director shall be elected from each county
142	142	commissioners precinct by the voters of that precinct.
143	143	(c) Except as provided by Subsection (e), to be eligible to
144	144	be a candidate for or to serve as director at large, a person must be
145	145	a registered voter in the district. To be a candidate for or to
146	146	serve as director from a county commissioners precinct, a person
147	147	must be a registered voter of that precinct.
148	148	(d) A person shall indicate on the application for a place
149	149	on the ballot:
150	150	(1) the precinct that the person seeks to represent;
151	151	or
152	152	(2) that the person seeks to represent the district at
153	153	large.
154	154	(e) When the boundaries of the county commissioners
155	155	precincts are redrawn after each federal decennial census to
156	156	reflect population changes, a director in office on the effective
157	157	date of the change, or a director elected or appointed before the
158	158	effective date of the change whose term of office begins on or after
159	159	the effective date of the change, shall serve in the precinct to
160	160	which elected or appointed even though the change in boundaries
161	161	places the person's residence outside the precinct for which the
162	162	person was elected or appointed.
163	163	Sec. 8854.053. ELECTION DATE. The district shall hold an
164	164	election to elect the appropriate number of directors on the
165	165	uniform election date prescribed by Section 41.001, Election Code,
166	166	in May of each even-numbered year.
167	167	Sec. 8854.054. COMPENSATION. (a) Sections 36.060(a), (b),
168	168	and (d), Water Code, do not apply to the district.
169	169	(b) A director is entitled to receive compensation of not
170	170	more than $50 a day for each day the director actually spends
171	171	performing the duties of a director. The compensation may not
172	172	exceed $3,000 a year.
173	173	(c) The board may authorize a director to receive
174	174	reimbursement for the director's reasonable expenses incurred
175	175	while engaging in activities on behalf of the board.
176	176	[Sections 8854.055-8854.100 reserved for expansion]
177	177	SUBCHAPTER C. POWERS AND DUTIES
178	178	Sec. 8854.101. GENERAL POWERS. Except as otherwise
179	179	provided by this chapter, the district has all of the rights,
180	180	powers, privileges, functions, and duties provided by the general
181	181	law of this state applicable to groundwater conservation districts
182	182	created under Section 59, Article XVI, Texas Constitution.
183	183	Sec. 8854.102. PROHIBITION ON DISTRICT PURCHASE, SALE,
184	184	TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
185	185	purchase, sell, transport, or distribute surface water or
186	186	groundwater for any purpose.
187	187	Sec. 8854.103. PROHIBITION ON DISTRICT USE OF EMINENT
188	188	DOMAIN POWER. The district may not exercise the power of eminent
189	189	domain.
190	190	[Sections 8854.104-8854.150 reserved for expansion]
191	191	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
192	192	Sec. 8854.151. LIMITATION ON TAXES. The district may not
193	193	impose ad valorem taxes at a rate that exceeds 1.5 cents on each
194	194	$100 valuation of taxable property in the district.
195	195	Sec. 8854.152. FEES. (a) The board by rule may impose
196	196	reasonable fees on each well:
197	197	(1) for which a permit is issued by the district; and
198	198	(2) that is not exempt from district regulation.
199	199	(b) A production fee may be based on:
200	200	(1) the size of column pipe used by the well; or
201	201	(2) the amount of water actually withdrawn from the
202	202	well, or the amount authorized or anticipated to be withdrawn.
203	203	(c) The board shall base the initial production fee on the
204	204	criteria listed in Subsection (b)(2). The initial production fee:
205	205	(1) may not exceed:
206	206	(A) 25 cents per acre-foot for water used for
207	207	agricultural irrigation; or
208	208	(B) 4.25 cents per thousand gallons for water
209	209	used for any other purpose; and
210	210	(2) may be increased at a cumulative rate not to exceed
211	211	three percent per year.
212	212	(d) In addition to the production fee authorized under this
213	213	section, the district may assess an export fee on groundwater from a
214	214	well that is produced for transport outside the district.
215	215	(e) Fees authorized by this section may be:
216	216	(1) assessed annually;
217	217	(2) used to pay the cost of district operations; and
218	218	(3) used for any other purpose allowed under Chapter
219	219	36, Water Code.
220	220	Sec. 8854.153. LIMITATION ON INDEBTEDNESS. The district
221	221	may issue bonds and notes under Subchapter F, Chapter 36, Water
222	222	Code, except that the total indebtedness created by that issuance
223	223	may not exceed $500,000 at any time.
224	224	SECTION 2. (a) The legal notice of the intention to
225	225	introduce this Act, setting forth the general substance of this
226	226	Act, has been published as provided by law, and the notice and a
227	227	copy of this Act have been furnished to all persons, agencies,
228	228	officials, or entities to which they are required to be furnished
229	229	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
230	230	Government Code.
231	231	(b) The governor has submitted the notice and Act to the
232	232	Texas Commission on Environmental Quality.
233	233	(c) The Texas Commission on Environmental Quality has filed
234	234	its recommendations relating to this Act with the governor,
235	235	lieutenant governor, and speaker of the house of representatives
236	236	within the required time.
237	237	(d) All requirements of the constitution and laws of this
238	238	state and the rules and procedures of the legislature with respect
239	239	to the notice, introduction, and passage of this Act are fulfilled
240	240	and accomplished.
241	241	SECTION 3. This Act takes effect September 1, 2009.