Texas 2009 - 81st Regular

Texas House Bill HB4808 Compare Versions

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1	1	81R17406 SGA-F
2	2	By: Hunter, Taylor, Hancock, Driver H.B. No. 4808
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Calhoun County Groundwater
8	8	Conservation District.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle H, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8860 to read as follows:
12	12	CHAPTER 8860. CALHOUN COUNTY GROUNDWATER
13	13	CONSERVATION DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8860.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the board of directors of the
17	17	district.
18	18	(2) "Director" means a member of the board.
19	19	(3) "District" means the Calhoun County Groundwater
20	20	Conservation District.
21	21	Sec. 8860.002. NATURE OF DISTRICT. The district is a
22	22	groundwater conservation district in Calhoun County created under
23	23	and essential to accomplish the purposes of Section 59, Article
24	24	XVI, Texas Constitution.
25	25	Sec. 8860.003. CONFIRMATION ELECTION REQUIRED. If the
26	26	creation of the district is not confirmed at a confirmation
27	27	election held under Section 8860.022 before December 31, 2014:
28	28	(1) the district is dissolved December 31, 2014,
29	29	except that:
30	30	(A) any debts incurred shall be paid;
31	31	(B) any assets that remain after the payment of
32	32	debts shall be transferred to Calhoun County; and
33	33	(C) the organization of the district shall be
34	34	maintained until all debts are paid and remaining assets are
35	35	transferred; and
36	36	(2) this chapter expires September 1, 2016.
37	37	Sec. 8860.004. LEGISLATIVE FINDINGS. (a) The organization
38	38	of the district is feasible and practicable.
39	39	(b) All land in and residents of the district will benefit
40	40	from the creation of the district.
41	41	(c) The creation of the district is a public necessity and
42	42	will provide a public benefit.
43	43	Sec. 8860.005. INITIAL DISTRICT TERRITORY. The initial
44	44	boundaries of the district are coextensive with the boundaries of
45	45	Calhoun County.
46	46	Sec. 8860.006. CONFLICTS OF LAW. This chapter prevails
47	47	over any provision of general law, including a provision of Chapter
48	48	36, Water Code, that is in conflict or is inconsistent with this
49	49	chapter.
50	50	[Sections 8860.007-8860.020 reserved for expansion]
51	51	SUBCHAPTER A-1. TEMPORARY PROVISIONS
52	52	Sec. 8860.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
53	53	later than September 11, 2009, the Calhoun County Commissioners
54	54	Court shall appoint five temporary directors as follows:
55	55	(1) one temporary director from each of the four
56	56	commissioners precincts in the county to represent the precincts in
57	57	which the temporary directors reside; and
58	58	(2) one temporary director who resides in the district
59	59	to represent the district at large.
60	60	(b) To be qualified to serve as a temporary director, a
61	61	person must be a resident of Calhoun County who is at least 18 years
62	62	of age.
63	63	(c) If a temporary director fails to qualify for office or a
64	64	vacancy occurs on the temporary board, the remaining temporary
65	65	directors shall appoint a qualified person to fill the vacancy. If
66	66	at any time there are fewer than three qualified temporary
67	67	directors, the Calhoun County Commissioners Court shall appoint the
68	68	necessary number of persons to fill all vacancies on the board.
69	69	(d) The temporary directors shall select from among
70	70	themselves a president, a vice president, and a secretary.
71	71	(e) Temporary directors serve until the earlier of:
72	72	(1) the date the creation of the district is confirmed
73	73	at an election held under Section 8860.022; or
74	74	(2) September 1, 2013.
75	75	(f) If the creation of the district has not been confirmed
76	76	under Section 8860.022 and the terms of the temporary directors
77	77	have expired, successor temporary directors shall be appointed in
78	78	the manner provided by Subsection (a) to serve terms that expire on
79	79	the earliest of:
80	80	(1) the date the district's creation is confirmed at an
81	81	election held under Section 8860.022;
82	82	(2) the date the requirements of Section 8860.003(1)
83	83	are fulfilled; or
84	84	(3) September 1, 2016.
85	85	Sec. 8860.022. CONFIRMATION ELECTION. (a) Not later than
86	86	October 1, 2009, the temporary directors shall meet and shall order
87	87	an election to be held in the district not later than September 1,
88	88	2010, to confirm the creation of the district.
89	89	(b) The ballot for the election shall be printed to provide
90	90	for voting for or against the proposition: "The creation of the
91	91	Calhoun County Groundwater Conservation District and the
92	92	imposition of a fee to pay the maintenance and operating costs of
93	93	the district."
94	94	(c) The temporary board may include other propositions on
95	95	the ballot that the board considers necessary.
96	96	(d) Section 41.001(a), Election Code, does not apply to an
97	97	election held under this section.
98	98	(e) If a majority of the votes cast at the election are in
99	99	favor of confirming the district's creation, the temporary
100	100	directors shall declare the district created. If a majority of the
101	101	votes cast are not in favor of confirming the district's creation,
102	102	the district's creation is not confirmed. The temporary directors
103	103	shall file a copy of the election results with the Texas Commission
104	104	on Environmental Quality.
105	105	(f) If the district's creation is not confirmed at an
106	106	election held under this section, the temporary directors may order
107	107	one or more subsequent elections to be held to confirm the creation
108	108	of the district not earlier than the first anniversary of the
109	109	preceding confirmation election. If the district's creation is not
110	110	confirmed at an election held under this section on or before
111	111	December 31, 2014, the district is dissolved in accordance with
112	112	Section 8860.003.
113	113	Sec. 8860.023. INITIAL DIRECTORS. (a) If the creation of
114	114	the district is confirmed at an election held under Section
115	115	8860.022, the temporary directors take office as initial directors
116	116	of the district, and:
117	117	(1) the directors for precincts 1 and 3 serve terms
118	118	that expire on the date of the first regular meeting of the board
119	119	after the first regularly scheduled directors' election held under
120	120	Section 8860.024; and
121	121	(2) the directors for precincts 2 and 4 and the
122	122	director serving at large serve terms that expire on the date of the
123	123	first regular meeting of the board after the second regularly
124	124	scheduled directors' election.
125	125	(b) If for any reason a director elected at the first or
126	126	second regularly scheduled election of directors is not qualified
127	127	to take office at the first regular meeting of the board following
128	128	the elected director's election, the initial director for that
129	129	position shall continue to serve until a successor qualifies.
130	130	Sec. 8860.024. FIRST ELECTION OF PERMANENT DIRECTORS. On
131	131	the uniform election date prescribed by Section 41.001, Election
132	132	Code, in November of the first even-numbered year after the year in
133	133	which the district is authorized to be created at a confirmation
134	134	election, an election shall be held in the district for the election
135	135	of two directors for precincts 1 and 3.
136	136	Sec. 8860.025. EXPIRATION OF SUBCHAPTER. This subchapter
137	137	expires December 1, 2016.
138	138	[Sections 8860.026-8860.050 reserved for expansion]
139	139	SUBCHAPTER B. BOARD OF DIRECTORS
140	140	Sec. 8860.051. DIRECTORS; TERMS. (a) The district is
141	141	governed by a board of five elected directors.
142	142	(b) Except for the temporary and initial directors,
143	143	directors serve staggered terms of four years, with two or three
144	144	directors' terms expiring on the date of the first regular meeting
145	145	of the board after an election of directors under Section 8860.053.
146	146	(c) If a vacancy occurs in the office of director, the board
147	147	shall appoint a person to fill the vacancy until the next regularly
148	148	scheduled election of directors. If the position is not scheduled
149	149	to be filled at the election, the person elected shall serve only
150	150	for the remainder of the unexpired term.
151	151	(d) Notwithstanding Section 36.060, Water Code, a director
152	152	is not entitled to receive compensation for performing the duties
153	153	of a director.
154	154	(e) The board may authorize a director to receive
155	155	reimbursement for the director's reasonable expenses incurred
156	156	while engaging in activities on behalf of the district.
157	157	Sec. 8860.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
158	158	PRECINCTS. (a) The directors of the district shall be elected
159	159	according to the commissioners precinct method as provided by this
160	160	section.
161	161	(b) One director shall be elected by the voters of the
162	162	entire district, and one director shall be elected from each county
163	163	commissioners precinct by the voters of that precinct.
164	164	(c) Except as provided by Subsection (e), to be eligible to
165	165	be a candidate for or to serve as director at large, a person must be
166	166	a registered voter in the district. To be a candidate for or to
167	167	serve as director from a county commissioners precinct, a person
168	168	must be a registered voter of that precinct.
169	169	(d) A person shall indicate on the application for a place
170	170	on the ballot:
171	171	(1) the precinct that the person seeks to represent;
172	172	or
173	173	(2) that the person seeks to represent the district at
174	174	large.
175	175	(e) When the boundaries of the county commissioners
176	176	precincts are redrawn after each federal decennial census to
177	177	reflect population changes, a director in office on the effective
178	178	date of the change, or a director elected or appointed before the
179	179	effective date of the change whose term of office begins on or after
180	180	the effective date of the change, shall serve in the precinct to
181	181	which elected or appointed even though the change in boundaries
182	182	places the person's residence outside the precinct for which the
183	183	person was elected or appointed.
184	184	Sec. 8860.053. ELECTION DATE. The district shall hold an
185	185	election to elect the appropriate number of directors on the
186	186	uniform election date prescribed by Section 41.001, Election Code,
187	187	in November of each even-numbered year.
188	188	[Sections 8860.054-8860.100 reserved for expansion]
189	189	SUBCHAPTER C. POWERS AND DUTIES
190	190	Sec. 8860.101. GENERAL POWERS AND DUTIES. Except as
191	191	otherwise provided by this chapter, the district has all of the
192	192	rights, powers, privileges, functions, and duties provided by the
193	193	general law of this state, including Chapter 36, Water Code,
194	194	applicable to groundwater conservation districts created under
195	195	Section 59, Article XVI, Texas Constitution.
196	196	Sec. 8860.102. CERTAIN PERMIT DENIALS PROHIBITED. The
197	197	district may not deny the owner of a tract of land, or the owner's
198	198	lessee, who does not have a well equipped to produce more than
199	199	25,000 gallons each day on the tract, either a permit to drill a
200	200	well on the tract or the privilege to produce groundwater from the
201	201	tract, subject to district rules.
202	202	Sec. 8860.103. MITIGATION ASSISTANCE. In addition to the
203	203	authority granted by Chapter 36, Water Code, the district may
204	204	assist in the mediation between landowners regarding the loss of
205	205	existing groundwater supply of exempt domestic and livestock users
206	206	due to the groundwater pumping of others.
207	207	Sec. 8860.104. PROHIBITION ON DISTRICT USE OF EMINENT
208	208	DOMAIN POWER. The district may not exercise the power of eminent
209	209	domain.
210	210	[Sections 8860.105-8860.150 reserved for expansion]
211	211	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
212	212	Sec. 8860.151. FEES. (a) The board by rule may impose a
213	213	reasonable fee on each well for which a permit is issued by the
214	214	district and that is not exempt from regulation by the district.
215	215	The fee may be based on:
216	216	(1) the size of column pipe used by the well; or
217	217	(2) the actual, authorized, or anticipated amount of
218	218	water to be withdrawn from the well.
219	219	(b) In addition to a fee imposed under Subsection (a), the
220	220	district may impose a reasonable fee or surcharge for an export fee
221	221	using one of the following methods:
222	222	(1) a fee negotiated between the district and the
223	223	transporter; or
224	224	(2) a combined production and export fee.
225	225	(c) Fees authorized by this section may be assessed annually
226	226	and may be used to fund the cost of district operations.
227	227	Sec. 8860.152. TAXES PROHIBITED. The district may not
228	228	impose a tax and does not have the authority granted by Sections
229	229	36.020 and 36.201-36.204, Water Code, relating to taxes.
230	230	SECTION 2. (a) The legal notice of the intention to
231	231	introduce this Act, setting forth the general substance of this
232	232	Act, has been published as provided by law, and the notice and a
233	233	copy of this Act have been furnished to all persons, agencies,
234	234	officials, or entities to which they are required to be furnished
235	235	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
236	236	Government Code.
237	237	(b) The governor has submitted the notice and Act to the
238	238	Texas Commission on Environmental Quality.
239	239	(c) The Texas Commission on Environmental Quality has filed
240	240	its recommendations relating to this Act with the governor,
241	241	lieutenant governor, and speaker of the house of representatives
242	242	within the required time.
243	243	(d) All requirements of the constitution and laws of this
244	244	state and the rules and procedures of the legislature with respect
245	245	to the notice, introduction, and passage of this Act are fulfilled
246	246	and accomplished.
247	247	SECTION 3. This Act takes effect September 1, 2009.