By: Averitt S.B. No. 1544
(In the Senate - Filed March 9, 2009; March 17, 2009, read
first time and referred to Committee on Natural Resources;
April 1, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 0; April 1, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1544 By: Averitt
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Prairielands Groundwater
Conservation District; providing authority to issue bonds;
granting a limited power of eminent domain.
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 8855 to read as follows:
CHAPTER 8855. PRAIRIELANDS GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8855.001. 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 Prairielands Groundwater
Conservation District.
Sec. 8855.002. NATURE OF DISTRICT; FINDINGS. (a) The
district is a groundwater conservation district initially composed
of Ellis, Hill, Johnson, and Somervell Counties created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
(b) The district is created to serve a public use and
benefit.
(c) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by this chapter and by Chapter 36, Water Code.
(d) Any fees imposed by the district under this chapter are
necessary to pay for the costs of accomplishing the purposes of the
district, including the conservation and management of groundwater
resources, as provided by this chapter and Section 59, Article XVI,
Texas Constitution.
Sec. 8855.003. DISTRICT TERRITORY. The initial boundaries
of the district are coextensive with the boundaries of Ellis, Hill,
Johnson, and Somervell Counties.
Sec. 8855.004. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. Except as otherwise provided by this
chapter, Chapter 36, Water Code, applies to the district.
Sec. 8855.005. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed to achieve the purposes expressed by this
chapter and Chapter 36, Water Code. A power granted by this chapter
or Chapter 36, Water Code, shall be broadly interpreted to achieve
that intent and those purposes.
[Sections 8855.006-8855.020 reserved for expansion]
SUBCHAPTER B. INITIAL ORGANIZATION
Sec. 8855.021. APPOINTMENT OF INITIAL DIRECTORS. (a) The
district is governed by a board of eight initial directors
appointed as provided by Section 8855.051(a).
(b) Initial directors shall be appointed not later than the
90th day after the effective date of the Act enacting this chapter.
If after the 90th day fewer than eight initial directors have been
appointed, each unfilled initial director position shall be
considered a vacancy and filled by the remaining initial directors.
(c) Except as provided under Subsection (b) for failure to
appoint an initial director, if a vacancy occurs on the board in a
position for which an initial director has previously been
appointed, the appointing county commissioners court for the vacant
position shall appoint a person to fill the vacancy in a manner that
meets the representational requirements of Section 8855.051.
(d) To be eligible to serve as an initial director, a person
must be a registered voter in the appointing county.
(e) Each initial director must qualify to serve as a
director under Section 36.055, Water Code.
Sec. 8855.022. ORGANIZATIONAL MEETING OF INITIAL
DIRECTORS. As soon as practicable after all the initial directors
have qualified under Section 36.055, Water Code, a majority of the
initial directors shall convene the organizational meeting of the
district at a location in the district agreeable to a majority of
the directors. If an agreement on location cannot be reached, the
organizational meeting shall be held at a suitable location on the
Hill College campus in Cleburne, Johnson County, Texas.
Sec. 8855.023. INITIAL TERMS. (a) The two initial
directors appointed from each county shall draw lots to determine
which director serves an initial term expiring August 31, 2011, and
which director serves an initial term expiring August 31, 2013.
(b) Each successor director shall be appointed and shall
serve in accordance with Subchapter C.
[Sections 8855.024-8855.050 reserved for expansion]
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8855.051. GOVERNING BODY; TERMS. (a) Except as
provided by Subchapter D, the district is governed by a board of
eight directors appointed as follows:
(1) two directors appointed by the Ellis County
Commissioners Court;
(2) two directors appointed by the Hill County
Commissioners Court;
(3) two directors appointed by the Johnson County
Commissioners Court; and
(4) two directors appointed by the Somervell County
Commissioners Court.
(b) Directors serve staggered four-year terms, with the
term of one director from each of the four counties expiring on
August 31 of each odd-numbered year.
(c) A director may serve multiple consecutive terms.
Sec. 8855.052. DIRECTOR ELIGIBILITY; QUALIFICATION.
(a) To be eligible to serve as a director, a person must be a
registered voter in the appointing county.
(b) Each director must qualify to serve under Section
36.055, Water Code.
Sec. 8855.053. VACANCIES. If a vacancy occurs on the board,
the appointing county commissioners court for the vacant position
shall appoint a person to fill the vacancy. Section 36.051(c),
Water Code, does not apply to the district.
Sec. 8855.054. COMPENSATION; REIMBURSEMENT.
(a) Notwithstanding Sections 36.060(a) and (d), Water Code, a
director may not receive compensation for performing the duties of
director.
(b) A director is entitled to reimbursement of actual
expenses reasonably and necessarily incurred while engaging in
activities on behalf of the district.
[Sections 8855.055-8855.070 reserved for expansion]
SUBCHAPTER D. DISTRICT EXPANSION
Sec. 8855.071. EXPANSION OF DISTRICT BOUNDARIES.
(a) After the effective date of the Act enacting this chapter, the
district territory described in Section 8855.003 shall be expanded
to include all of the territory in Navarro County, and the governing
board described by Section 8855.051(a) shall be expanded to 10
members and include two directors appointed by the Navarro County
Commissioners Court, if:
(1) pursuant to Chapter 35, Water Code, the Texas
Commission on Environmental Quality designates all or any portion
of the territory in Navarro County as a priority groundwater
management area; and
(2) following the designation described by
Subdivision (1), the commissioners court of Navarro County:
(A) adopts a resolution that states, "By this
action of the Navarro County Commissioners Court, all of the
territory in Navarro County, Texas, shall, as of the date of this
resolution, be included in the boundaries of the Prairielands
Groundwater Conservation District"; and
(B) appoints two directors who are registered to
vote in Navarro County to the board.
(b) A person appointed under this section must qualify to
serve under Section 36.055, Water Code.
(c) At the first regular meeting of the board following the
qualification of both directors, the two directors appointed under
this section shall draw lots to determine which director serves a
term expiring August 31 of the first odd-numbered year after the
directors' appointment, and which director serves a term expiring
August 31 of the next odd-numbered year.
(d) A director appointed under this section shall otherwise
serve in accordance with Subchapter C.
[Sections 8855.072-8855.100 reserved for expansion]
SUBCHAPTER E. POWERS AND DUTIES
Sec. 8855.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as provided by this chapter, the district has
the powers and duties provided by the general law of this state
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution, including Chapter 36,
Water Code.
Sec. 8855.102. CONTRACTS. The district may enter into a
contract with any person, public or private, for any purpose
authorized by law.
Sec. 8855.103. APPLICABILITY OF DISTRICT REGULATIONS.
Groundwater regulation under this chapter applies to all persons
except as exempted from permitting under Section 36.117, Water
Code, or this chapter.
Sec. 8855.104. WELL SPACING RULES; EXEMPTIONS. (a) Except
as provided by Subsection (b), the district shall exempt from the
well spacing requirements adopted by the district any well that is
completed on or before the effective date of those requirements.
(b) The district may provide by rule that a well may lose its
exemption under this section if the well is modified in a manner
that substantially increases the capacity of the well after the
effective date of the well spacing requirements adopted by the
district.
(c) Except as provided by this section and notwithstanding
Section 8855.103, the district may require a well or class of wells
exempt from permitting under Chapter 36, Water Code, to comply with
the well spacing requirements adopted by the district. The
district shall apply well spacing requirements uniformly to any
well or class of wells based on the size or capacity of the well and
without regard to the type of use of the groundwater produced by the
well.
Sec. 8855.105. REGISTRATION AND REPORTING REQUIREMENTS FOR
CERTAIN EXEMPT WELLS. The district may adopt rules that require the
owner or operator of a well or class of wells exempt from permitting
under Section 36.117, Water Code, to register the well with the
district and, except for a well exempt from permitting under
Section 36.117(b)(1), to report groundwater withdrawals from the
well using reasonable and appropriate reporting methods and
frequency.
Sec. 8855.106. ENFORCEMENT. (a) The district may enforce
this chapter against any person in the manner provided by Chapter
36, Water Code. In lieu of a remedy available to the district under
Section 36.102, Water Code, or in addition to those remedies, the
district may impose a fee in addition to a fee assessed under
Section 8855.152 on a person producing groundwater in violation of
a district order or rule, including the failure or refusal to comply
with any district order or rule relating to reducing or ceasing
groundwater use. The purpose of a fee authorized by this subsection
is to serve as a disincentive to producing groundwater except as
authorized by the district.
(b) A fee imposed under Subsection (a) may not exceed an
amount equal to 10 times the amount of a fee assessed under Section
8855.152.
[Sections 8855.107-8855.150 reserved for expansion]
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 8855.151. TAXES PROHIBITED. The district may not
impose a tax. Sections 36.020(a) and 36.201-36.204, Water Code, do
not apply to the district.
Sec. 8855.152. DISTRICT REVENUES. (a) The district by
rule, resolution, or order may establish, amend, pledge, encumber,
spend the proceeds from, and assess to any person production fees,
based on the amount of groundwater authorized by permit to be
withdrawn from a well or on the amount of water actually withdrawn,
to enable the district to fulfill its purposes and regulatory
functions as provided by this chapter. The district may use revenue
generated by fees it assesses for any lawful purpose.
(b) Notwithstanding any provision of general law to the
contrary, a fee authorized by Subsection (a) may not exceed:
(1) $1 per acre-foot annually for groundwater used for
agricultural purposes; or
(2) 30 cents per thousand gallons annually for
groundwater used for nonagricultural purposes.
(c) Notwithstanding any provision of general law or this
chapter to the contrary, if any, the district may assess a
production fee under this section for groundwater produced from a
well or class of wells exempt from permitting under Section 36.117,
Water Code, except for a well exempt from permitting under Section
36.117(b)(1). A production fee assessed by the district under this
subsection must be based on the amount of groundwater actually
withdrawn from the well and may not exceed the amount established by
the district for permitted uses under Subsection (b)(2) of this
section.
(d) Notwithstanding Section 36.1071(f), Water Code, the
district by rule, resolution, or order before the adoption of its
management plan may:
(1) establish, assess, and enforce the collection of
production fees under this section; and
(2) establish and enforce metering and reporting
requirements, except for a well exempt from permitting under
Section 36.117(b)(1), Water Code.
(e) The district by rule may establish a temporary or
permanent discounted fee rate for persons who prepay production
fees to the district under this section on or before the dates
established by district rule.
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.
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