By: Averitt S.B. No. 2513
(In the Senate - Filed April 8, 2009; April 14, 2009, read
first time and referred to Committee on Natural Resources;
April 22, 2009, reported favorably by the following vote: Yeas 8,
Nays 0; April 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the name and confirmation of, and to certain fees
imposed by, the McLennan County Groundwater Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 8821, Special District
Local Laws Code, is amended to read as follows:
CHAPTER 8821. SOUTHERN TRINITY [MCLENNAN COUNTY]
GROUNDWATER CONSERVATION DISTRICT
SECTION 2. Subdivision (3), Section 8821.001, Special
District Local Laws Code, is amended to read as follows:
(3) "District" means the Southern Trinity [McLennan
County] Groundwater Conservation District.
SECTION 3. Section 8821.024, Special District Local Laws
Code, is amended to read as follows:
Sec. 8821.024. INITIAL DIRECTORS. (a) The [If creation of
the district is confirmed at an election held under Section
8821.023, the] temporary directors are [become] the initial
directors and serve for the terms provided by Subsection (b).
(b) The initial directors representing commissioners
precincts 2 and 4 serve a term expiring on December 31, 2011
[following the expiration of two years after the date of the
confirmation election], and the initial directors representing
commissioners precincts 1 and 3 and the at-large director serve a
term expiring on December 31, 2013 [following the expiration of
four years after the date of the confirmation election].
SECTION 4. Section 8821.025, Special District Local Laws
Code, is amended to read as follows:
Sec. 8821.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires December 31, 2013 [September 1, 2012].
SECTION 5. Section 8821.152, Special District Local Laws
Code, is amended to read as follows:
Sec. 8821.152. DISTRICT REVENUES. (a) The district by
rule, resolution, or order may establish, amend, pledge, encumber,
expend the proceeds from, and assess to any person fees for services
or 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permit to be withdrawn from a well, or on the amount of water
actually withdrawn, to enable the district to fulfill its purposes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 revenues 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) 10 cents per thousand gallons 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), Water Code. 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 [FEES. The district may impose a
user fee to pay for the creation and operation of the district,
including permit hearings. The district may not impose a fee for
agricultural use that is more than 20 percent of the rate for
municipal use].
SECTION 6. The following provisions of the Special District
Local Laws Code are repealed:
(1) Subsection (c), Section 8821.021; and
(2) Sections 8821.003 and 8821.023.
SECTION 7. (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, one of the required recipients, 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, the
lieutenant governor, and the 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 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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