Texas 2009 - 81st Regular

Texas Senate Bill SB2513 Compare Versions

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1	1	S.B. No. 2513
2	2
3	3
4	4	AN ACT
5	5	relating to the name and confirmation of, and to certain fees
6	6	imposed by, the McLennan County Groundwater Conservation District
7	7	and to the authority to create certain adjacent groundwater
8	8	conservation districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 8821, Special District
11	11	Local Laws Code, is amended to read as follows:
12	12	CHAPTER 8821. SOUTHERN TRINITY [MCLENNAN COUNTY]
13	13	GROUNDWATER CONSERVATION DISTRICT
14	14	SECTION 2. Subdivision (3), Section 8821.001, Special
15	15	District Local Laws Code, is amended to read as follows:
16	16	(3) "District" means the Southern Trinity [McLennan
17	17	County] Groundwater Conservation District.
18	18	SECTION 3. Section 8821.002, Special District Local Laws
19	19	Code, is amended to read as follows:
20	20	Sec. 8821.002. NATURE OF DISTRICT. The district is a
21	21	groundwater conservation district in McLennan County created under
22	22	and essential to accomplish the purposes of Section 59, Article
23	23	XVI, Texas Constitution. The district is located in a priority
24	24	groundwater management area designated by the Texas Commission on
25	25	Environmental Quality pursuant to Section 35.008, Water Code.
26	26	SECTION 4. Section 8821.024, Special District Local Laws
27	27	Code, is amended to read as follows:
28	28	Sec. 8821.024. INITIAL DIRECTORS. (a) The [If creation of
29	29	the district is confirmed at an election held under Section
30	30	8821.023, the] temporary directors are [become] the initial
31	31	directors and serve for the terms provided by Subsection (b).
32	32	(b) The initial directors representing commissioners
33	33	precincts 2 and 4 serve a term expiring on December 31, 2011
34	34	[following the expiration of two years after the date of the
35	35	confirmation election], and the initial directors representing
36	36	commissioners precincts 1 and 3 and the at-large director serve a
37	37	term expiring on December 31, 2013 [following the expiration of
38	38	four years after the date of the confirmation election].
39	39	SECTION 5. Section 8821.025, Special District Local Laws
40	40	Code, is amended to read as follows:
41	41	Sec. 8821.025. EXPIRATION OF SUBCHAPTER. This subchapter
42	42	expires December 31, 2013 [September 1, 2012].
43	43	SECTION 6. Section 8821.152, Special District Local Laws
44	44	Code, is amended to read as follows:
45	45	Sec. 8821.152. DISTRICT REVENUES. (a) The district by
46	46	rule, resolution, or order may establish, amend, pledge, encumber,
47	47	expend the proceeds from, and assess to any person fees for services
48	48	or production fees based on the amount of groundwater authorized by
49	49	permit to be withdrawn from a well, or on the amount of water
50	50	actually withdrawn, to enable the district to fulfill its purposes
51	51	and regulatory functions as provided by this chapter. The district
52	52	may use revenues generated by fees it assesses for any lawful
53	53	purpose.
54	54	(b) Notwithstanding any provision of general law to the
55	55	contrary, a fee authorized by Subsection (a) may not exceed:
56	56	(1) $1 per acre-foot annually for groundwater used for
57	57	agricultural purposes; or
58	58	(2) 30 cents per thousand gallons annually for
59	59	groundwater used for nonagricultural purposes.
60	60	(c) Notwithstanding any provision of general law or this
61	61	chapter to the contrary, if any, the district may assess a
62	62	production fee under this section for groundwater produced from a
63	63	well or class of wells exempt from permitting under Section 36.117,
64	64	Water Code, except for a well exempt from permitting under Section
65	65	36.117(b)(1), Water Code. A production fee assessed by the
66	66	district under this subsection must be based on the amount of
67	67	groundwater actually withdrawn from the well and may not exceed the
68	68	amount established by the district for permitted uses under
69	69	Subsection (b)(2) of this section [FEES. The district may impose a
70	70	user fee to pay for the creation and operation of the district,
71	71	including permit hearings. The district may not impose a fee for
72	72	agricultural use that is more than 20 percent of the rate for
73	73	municipal use].
74	74	SECTION 7. The following provisions of the Special District
75	75	Local Laws Code are repealed:
76	76	(1) Subsection (c), Section 8821.021; and
77	77	(2) Sections 8821.003 and 8821.023.
78	78	SECTION 8. Notwithstanding Sections 35.012 and 36.0151,
79	79	Water Code, the Texas Commission on Environmental Quality shall
80	80	not, before September 1, 2011, create a groundwater conservation
81	81	district:
82	82	(1) in the priority groundwater management area in
83	83	which the Southern Trinity Groundwater Conservation District is
84	84	located; or
85	85	(2) in a priority groundwater management area that is
86	86	adjacent to the priority groundwater management area in which the
87	87	Southern Trinity Groundwater Conservation District is located.
88	88	SECTION 9. (a) The legal notice of the intention to
89	89	introduce this Act, setting forth the general substance of this
90	90	Act, has been published as provided by law, and the notice and a
91	91	copy of this Act have been furnished to all persons, agencies,
92	92	officials, or entities to which they are required to be furnished
93	93	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
94	94	Government Code.
95	95	(b) The governor, one of the required recipients, has
96	96	submitted the notice and Act to the Texas Commission on
97	97	Environmental Quality.
98	98	(c) The Texas Commission on Environmental Quality has filed
99	99	its recommendations relating to this Act with the governor, the
100	100	lieutenant governor, and the speaker of the house of
101	101	representatives within the required time.
102	102	(d) All requirements of the constitution and laws of this
103	103	state and the rules and procedures of the legislature with respect
104	104	to the notice, introduction, and passage of this Act are fulfilled
105	105	and accomplished.
106	106	SECTION 10. This Act takes effect immediately if it
107	107	receives a vote of two-thirds of all the members elected to each
108	108	house, as provided by Section 39, Article III, Texas Constitution.
109	109	If this Act does not receive the vote necessary for immediate
110	110	effect, this Act takes effect September 1, 2009.
111	111	______________________________ ______________________________
112	112	President of the Senate Speaker of the House
113	113	I hereby certify that S.B. No. 2513 passed the Senate on
114	114	April 30, 2009, by the following vote: Yeas 31, Nays 0;
115	115	May 28, 2009, Senate refused to concur in House amendment and
116	116	requested appointment of Conference Committee; May 30, 2009, House
117	117	granted request of the Senate; May 31, 2009, Senate adopted
118	118	Conference Committee Report by the following vote: Yeas 31,
119	119	Nays 0.
120	120	______________________________
121	121	Secretary of the Senate
122	122	I hereby certify that S.B. No. 2513 passed the House, with
123	123	amendment, on May 19, 2009, by the following vote: Yeas 145,
124	124	Nays 0, one present not voting; May 30, 2009, House granted request
125	125	of the Senate for appointment of Conference Committee;
126	126	May 31, 2009, House adopted Conference Committee Report by the
127	127	following vote: Yeas 143, Nays 0, one present not voting.
128	128	______________________________
129	129	Chief Clerk of the House
130	130	Approved:
131	131	______________________________
132	132	Date
133	133	______________________________
134	134	Governor