Texas 2009 - 81st Regular

Texas House Bill HB4809 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R21250 SGA-D
2	2	By: Hardcastle H.B. No. 4809
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the North Texas Groundwater
8	8	Conservation District; providing authority to issue bonds.
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 8856 to read as follows:
12	12	CHAPTER 8856. NORTH TEXAS GROUNDWATER CONSERVATION DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8856.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the board of directors of the
16	16	district.
17	17	(2) "Director" means a member of the board.
18	18	(3) "District" means the North Texas Groundwater
19	19	Conservation District.
20	20	Sec. 8856.002. NATURE OF DISTRICT; FINDINGS. (a) The
21	21	district is a groundwater conservation district in Collin, Cooke,
22	22	and Denton Counties created under and essential to accomplish the
23	23	purposes of Section 59, Article XVI, Texas Constitution.
24	24	(b) The district is created to serve a public use and
25	25	benefit.
26	26	(c) All of the land and other property included within the
27	27	boundaries of the district will be benefited by the works and
28	28	projects that are to be accomplished by the district under powers
29	29	conferred by this chapter and by Chapter 36, Water Code.
30	30	(d) Any fees imposed by the district under this chapter are
31	31	necessary to pay for the costs of accomplishing the purposes of the
32	32	district, including the conservation and management of groundwater
33	33	resources, as provided by this chapter and Section 59, Article XVI,
34	34	Texas Constitution.
35	35	Sec. 8856.003. PUBLIC HEARING IN EACH COUNTY. (a) Not
36	36	later than December 1, 2009, the commissioners court of each county
37	37	in the district shall hold a public hearing on the topic of
38	38	including the territory of the county in the district.
39	39	(b) After the public hearings and not later than December
40	40	31, 2009, the commissioners court of each county shall vote to
41	41	confirm or reject the county's inclusion in the district. The
42	42	commissioners court shall adopt a resolution reflecting the result
43	43	of that vote and provide a copy of the resolution to the temporary
44	44	directors.
45	45	Sec. 8856.004. CONFIRMATION REQUIRED. (a) The creation of
46	46	the district is confirmed only if the commissioners courts of two or
47	47	more of the counties in the district submit a resolution confirming
48	48	the county's inclusion in the district to the temporary board. If
49	49	the commissioners court of a county does not submit a resolution
50	50	confirming the county's inclusion in the district to the temporary
51	51	board, that county is not included in the district. The temporary
52	52	board shall provide a copy of the resolutions and the final district
53	53	boundaries to the Texas Commission on Environmental Quality.
54	54	(b) If the creation of the district is not confirmed as
55	55	provided by Subsection (a) before January 1, 2010:
56	56	(1) the district is dissolved on January 1, 2010,
57	57	except that:
58	58	(A) any debts incurred shall be paid;
59	59	(B) any assets that remain after the payment of
60	60	debts shall be transferred in equal amounts to Collin, Cooke, and
61	61	Denton Counties; and
62	62	(C) the organization of the district shall be
63	63	maintained until all debts are paid and remaining assets are
64	64	transferred; and
65	65	(2) this chapter expires September 1, 2011.
66	66	Sec. 8856.005. INITIAL DISTRICT TERRITORY. The initial
67	67	boundaries of the district are coextensive with the boundaries of
68	68	Collin, Cooke, and Denton Counties.
69	69	Sec. 8856.006. APPLICABILITY OF OTHER GROUNDWATER
70	70	CONSERVATION DISTRICT LAW. Except as otherwise provided by this
71	71	chapter, Chapter 36, Water Code, applies to the district.
72	72	Sec. 8856.007. CONSTRUCTION OF CHAPTER. This chapter shall
73	73	be liberally construed to achieve the legislative intent and
74	74	purposes of Chapter 36, Water Code. A power granted by Chapter 36,
75	75	Water Code, or this chapter shall be broadly interpreted to achieve
76	76	that intent and those purposes.
77	77	[Sections 8856.008-8856.020 reserved for expansion]
78	78	SUBCHAPTER A-1. TEMPORARY PROVISIONS
79	79	Sec. 8856.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
80	80	The district is initially governed by a board of nine temporary
81	81	directors appointed as provided by Sections 8856.051(b) and (d).
82	82	(b) Temporary directors shall be appointed not later than
83	83	the 90th day after the effective date of the Act enacting this
84	84	chapter. If after the 90th day fewer than nine temporary directors
85	85	have been appointed, each unfilled position shall be considered a
86	86	vacancy and filled in accordance with Subsection (c).
87	87	(c) If a vacancy occurs on the temporary board, the
88	88	remaining temporary directors shall appoint a person to fill the
89	89	vacancy in a manner that meets the representational requirements of
90	90	this section.
91	91	(d) To be eligible to serve as a temporary director, a
92	92	person must be a registered voter in the appointing county.
93	93	(e) Each temporary director must qualify to serve as a
94	94	director in the manner provided by Section 36.055, Water Code.
95	95	(f) Temporary directors serve until the earlier of:
96	96	(1) the time the temporary directors become the
97	97	initial permanent directors under Section 8856.023; or
98	98	(2) the date this chapter expires under Section
99	99	8856.004.
100	100	Sec. 8856.022. ORGANIZATIONAL MEETING OF TEMPORARY
101	101	DIRECTORS. As soon as practicable after all the temporary
102	102	directors have qualified under Section 36.055, Water Code, a
103	103	majority of the temporary directors shall convene the
104	104	organizational meeting of the district at a location in the
105	105	district agreeable to a majority of the directors. If an agreement
106	106	on location cannot be reached, the organizational meeting shall be
107	107	at the Pilot Point High School in Denton County.
108	108	Sec. 8856.023. INITIAL PERMANENT DIRECTORS; INITIAL TERMS.
109	109	(a) If the creation of the district is confirmed under Section
110	110	8856.004, the temporary directors from the counties that are
111	111	included in the district become the initial permanent directors.
112	112	(b) If the Commissioners Courts of Collin, Cooke, and Denton
113	113	Counties confirm the inclusion of those counties in the district,
114	114	the three directors appointed from each county shall draw lots as
115	115	follows to determine:
116	116	(1) for Denton and Cooke Counties, which director's
117	117	term expires June 1, 2011, and which two directors' terms expire
118	118	June 1, 2013; and
119	119	(2) for Collin County, which two directors' terms
120	120	expire June 1, 2011, and which director's term expires June 1, 2013.
121	121	(c) If the commissioners courts of only two of the counties
122	122	confirm the inclusion of those counties in the district, the three
123	123	directors appointed from each county shall draw lots as follows to
124	124	determine:
125	125	(1) for the first county to confirm, which director's
126	126	term expires June 1, 2011, and which two directors' terms expire
127	127	June 1, 2013; and
128	128	(2) for the second county to confirm, which two
129	129	directors' terms expire June 1, 2011, and which director's term
130	130	expires June 1, 2013.
131	131	Sec. 8856.024. EXPIRATION OF SUBCHAPTER. This subchapter
132	132	expires September 1, 2011.
133	133	[Sections 8856.025-8856.050 reserved for expansion]
134	134	SUBCHAPTER B. BOARD OF DIRECTORS
135	135	Sec. 8856.051. GOVERNING BODY; TERMS. (a) The district is
136	136	governed by a board of six or nine directors appointed as provided
137	137	by this section.
138	138	(b) If the Commissioners Courts of Collin, Cooke, and Denton
139	139	Counties confirm the inclusion of those counties in the district,
140	140	nine directors shall be appointed as follows:
141	141	(1) the Collin County Commissioners Court shall
142	142	appoint three directors;
143	143	(2) the Cooke County Commissioners Court shall appoint
144	144	three directors; and
145	145	(3) the Denton County Commissioners Court shall
146	146	appoint three directors.
147	147	(c) If the commissioners courts of only two of the counties
148	148	confirm the inclusion of those counties in the district, the
149	149	commissioners court of each of those counties shall appoint three
150	150	directors.
151	151	(d) The commissioners court of each appointing county shall
152	152	appoint two of the three directors from that county as follows:
153	153	(1) one director from a slate of not more than three
154	154	nominees submitted by the largest municipal groundwater producer in
155	155	the county; and
156	156	(2) one director from a slate of not more than three
157	157	nominees submitted by the other groundwater producers in that
158	158	county.
159	159	(e) Directors serve staggered four-year terms, with the
160	160	term of one or two directors from each appointing county expiring on
161	161	June 1 of each odd-numbered year.
162	162	(f) A director may serve multiple consecutive terms.
163	163	(g) A position on the board may not be construed to be a
164	164	civil office of emolument for any purpose, including a purpose
165	165	described by Section 40, Article XVI, Texas Constitution.
166	166	(h) A person who qualifies to serve on the board may serve as
167	167	a director and participate in all votes relating to the business of
168	168	the district regardless of any common law doctrine of
169	169	incompatibility. Section 36.051, Water Code, does not apply to the
170	170	district.
171	171	Sec. 8856.052. DIRECTOR ELIGIBILITY; QUALIFICATION. (a)
172	172	To be eligible to serve as a director, a person must be a registered
173	173	voter in the appointing county.
174	174	(b) Each director must qualify to serve in the manner
175	175	provided by Section 36.055, Water Code.
176	176	Sec. 8856.053. VACANCIES. If a vacancy occurs on the board,
177	177	the commissioners court that appointed the director who vacated the
178	178	office shall appoint a person to fill the vacancy in a manner that
179	179	meets the representational requirements of Section 8856.051.
180	180	Sec. 8856.054. COMPENSATION; REIMBURSEMENT. (a)
181	181	Notwithstanding Sections 36.060(a) and (d), Water Code, a director
182	182	may not receive compensation for performing the duties of director.
183	183	(b) A director is entitled to reimbursement of actual
184	184	expenses reasonably and necessarily incurred while engaging in
185	185	activities on behalf of the district.
186	186	Sec. 8856.055. BOARD CHAIR. The board shall select one of
187	187	its members to serve as the chair for a two-year term. The position
188	188	of chair must rotate among the counties in the district every two
189	189	years in alphabetical order by county.
190	190	[Sections 8856.056-8856.100 reserved for expansion]
191	191	SUBCHAPTER C. POWERS AND DUTIES
192	192	Sec. 8856.101. GROUNDWATER CONSERVATION DISTRICT POWERS
193	193	AND DUTIES. Except as provided by this chapter, the district has
194	194	the powers and duties provided by the general law of this state,
195	195	including Chapter 36, Water Code, applicable to groundwater
196	196	conservation districts created under Section 59, Article XVI, Texas
197	197	Constitution.
198	198	Sec. 8856.102. CONTRACTS. The district may enter into a
199	199	contract with any person, public or private, for any purpose
200	200	authorized by law.
201	201	Sec. 8856.103. APPLICABILITY OF DISTRICT REGULATIONS.
202	202	Groundwater regulation under this chapter applies to all persons
203	203	except as exempted from the requirement to obtain a permit for a
204	204	well under Section 36.117, Water Code, or this chapter.
205	205	Sec. 8856.104. WELL SPACING RULES; EXEMPTIONS. (a) Except
206	206	as provided by Subsection (b), the district shall exempt from the
207	207	well spacing requirements adopted by the district any well that is
208	208	completed on or before the effective date of those requirements.
209	209	(b) The district may provide by rule that a well may lose its
210	210	exemption under this section if the well is modified in a manner
211	211	that substantially increases the capacity of the well after the
212	212	effective date of the well spacing requirements adopted by the
213	213	district.
214	214	(c) Except as provided by this section and notwithstanding
215	215	Section 8856.103, the district may require any well or class of
216	216	wells exempt from permitting under Chapter 36, Water Code, to
217	217	comply with the well spacing requirements adopted by the district.
218	218	The district shall apply well spacing requirements uniformly to any
219	219	well or class of wells based on the size or capacity of the well and
220	220	without regard to the type of use of the groundwater produced by the
221	221	well.
222	222	Sec. 8856.105. REGISTRATION AND REPORTING REQUIREMENTS FOR
223	223	CERTAIN EXEMPT WELLS. The district may adopt rules that require the
224	224	owner or operator of a well or class of wells exempt from permitting
225	225	under Section 36.117, Water Code, to register the well with the
226	226	district and, except for a well exempt from permitting under
227	227	Subsection (b)(1) of that section, to report groundwater
228	228	withdrawals from the well using reasonable and appropriate
229	229	reporting methods and frequency.
230	230	Sec. 8856.106. ENFORCEMENT. (a) The district may enforce
231	231	this chapter in the manner provided by Chapter 36, Water Code. In
232	232	lieu of a remedy available to the district under Section 36.102,
233	233	Water Code, or in addition to those remedies, the district may
234	234	impose a fee in addition to a fee assessed under Section 8856.152 on
235	235	a person producing groundwater in violation of a rule of the
236	236	district, including the failure or refusal to comply with any order
237	237	or rule of the district to reduce or cease groundwater usage. The
238	238	purpose of a fee authorized under this subsection is to serve as a
239	239	disincentive to producing groundwater except as authorized by the
240	240	district.
241	241	(b) A fee imposed under Subsection (a) may not exceed an
242	242	amount equal to 10 times the amount of a fee assessed under Section
243	243	8856.152.
244	244	Sec. 8856.107. NO EMINENT DOMAIN POWER. The district may
245	245	not exercise the power of eminent domain.
246	246	[Sections 8856.108-8856.150 reserved for expansion]
247	247	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
248	248	Sec. 8856.151. TAXES PROHIBITED. The district may not
249	249	impose a tax. Sections 36.020(a) and 36.201-36.204, Water Code, do
250	250	not apply to the district.
251	251	Sec. 8856.152. DISTRICT REVENUES. (a) The district by
252	252	rule, resolution, or order may establish, amend, pledge, encumber,
253	253	expend the proceeds from, and assess to any person production fees
254	254	based on the amount of groundwater authorized by permit to be
255	255	withdrawn from a well or on the amount of water actually withdrawn,
256	256	to enable the district to fulfill its purposes and regulatory
257	257	functions as provided by this chapter. The district may use
258	258	revenues generated by fees it assesses for any lawful purpose.
259	259	(b) Notwithstanding any provision of general law to the
260	260	contrary, a fee authorized by Subsection (a) may not exceed:
261	261	(1) $1 per acre-foot annually for groundwater used for
262	262	agricultural purposes; or
263	263	(2) 30 cents per thousand gallons annually for
264	264	groundwater used for nonagricultural purposes.
265	265	(c) Notwithstanding any provision of general law or this
266	266	chapter to the contrary, if any, the district may assess a
267	267	production fee under this section for groundwater produced from a
268	268	well or class of wells exempt from permitting under Section 36.117,
269	269	Water Code, except for a well exempted under Subsection (b)(1) of
270	270	that section. A production fee assessed by the district under this
271	271	subsection must be based on the amount of groundwater actually
272	272	withdrawn from the well and may not exceed the amount established by
273	273	the district for permitted uses under Subsection (b)(2) of this
274	274	section.
275	275	(d) Notwithstanding Section 36.1071(f), Water Code, the
276	276	district by rule, resolution, or order before the adoption of its
277	277	management plan may:
278	278	(1) establish, assess, and enforce the collection of
279	279	production fees under this section; and
280	280	(2) establish and enforce metering and reporting
281	281	requirements, except for a well exempt from permitting under
282	282	Section 36.117(b)(1), Water Code.
283	283	(e) The district by rule may establish a temporary or
284	284	permanent discounted fee rate for persons who prepay production
285	285	fees to the district under this section on or before the dates
286	286	established by district rule.
287	287	(f) The district may not charge an export fee to a producer
288	288	of groundwater withdrawn from a well in the district who
289	289	distributes the water to any part of the territory under the
290	290	provider's certificate of public convenience and necessity even if
291	291	the territory is outside the district's boundaries.
292	292	SECTION 2. (a) The legal notice of the intention to
293	293	introduce this Act, setting forth the general substance of this
294	294	Act, has been published as provided by law, and the notice and a
295	295	copy of this Act have been furnished to all persons, agencies,
296	296	officials, or entities to which they are required to be furnished
297	297	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
298	298	Government Code.
299	299	(b) The governor has submitted the notice and Act to the
300	300	Texas Commission on Environmental Quality.
301	301	(c) The Texas Commission on Environmental Quality has filed
302	302	its recommendations relating to this Act with the governor,
303	303	lieutenant governor, and speaker of the house of representatives
304	304	within the required time.
305	305	(d) All requirements of the constitution and laws of this
306	306	state and the rules and procedures of the legislature with respect
307	307	to the notice, introduction, and passage of this Act are fulfilled
308	308	and accomplished.
309	309	SECTION 3. This Act takes effect immediately if it receives
310	310	a vote of two-thirds of all the members elected to each house, as
311	311	provided by Section 39, Article III, Texas Constitution. If this
312	312	Act does not receive the vote necessary for immediate effect, this
313	313	Act takes effect September 1, 2009.