Texas 2009 - 81st Regular

Texas Senate Bill SB726 Compare Versions

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1	1	81R239 SGA-D
2	2	By: Eltife S.B. No. 726
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harrison County Groundwater
8	8	Conservation District; providing authority to impose a tax and
9	9	issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle H, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8850 to read as follows:
13	13	CHAPTER 8850. HARRISON COUNTY GROUNDWATER
14	14	CONSERVATION DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8850.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the board of directors of the
18	18	district.
19	19	(2) "Director" means a member of the board.
20	20	(3) "District" means the Harrison County Groundwater
21	21	Conservation District.
22	22	Sec. 8850.002. NATURE OF DISTRICT. The district is a
23	23	groundwater conservation district in Harrison County created under
24	24	and essential to accomplish the purposes of Section 59, Article
25	25	XVI, Texas Constitution.
26	26	Sec. 8850.003. CONFIRMATION ELECTION REQUIRED. If the
27	27	creation of the district is not confirmed at a confirmation
28	28	election held under Section 8850.023 before December 31, 2010:
29	29	(1) the district is dissolved December 31, 2010,
30	30	except that:
31	31	(A) any debts incurred shall be paid;
32	32	(B) any assets that remain after the payment of
33	33	debts shall be transferred to Harrison County; and
34	34	(C) the organization of the district shall be
35	35	maintained until all debts are paid and remaining assets are
36	36	transferred; and
37	37	(2) this chapter expires September 1, 2014.
38	38	Sec. 8850.004. INITIAL DISTRICT TERRITORY. The initial
39	39	boundaries of the district are coextensive with the boundaries of
40	40	Harrison County, Texas.
41	41	Sec. 8850.005. APPLICABILITY OF OTHER GROUNDWATER
42	42	CONSERVATION DISTRICT LAW. Except as otherwise provided by this
43	43	chapter, Chapter 36, Water Code, applies to the district.
44	44	[Sections 8850.006-8850.020 reserved for expansion]
45	45	SUBCHAPTER A-1. TEMPORARY PROVISIONS
46	46	Sec. 8850.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
47	47	Not later than the 45th day after the effective date of the Act
48	48	enacting this chapter, five temporary directors shall be appointed
49	49	as follows:
50	50	(1) the Harrison County Commissioners Court shall
51	51	appoint four temporary directors, with one of the temporary
52	52	directors appointed from each of the four commissioners precincts
53	53	in the county to represent the precincts in which the temporary
54	54	directors reside; and
55	55	(2) the county judge of Harrison County shall appoint
56	56	one temporary director who resides in the district to represent the
57	57	district at large.
58	58	(b) Of the temporary directors, at least one director must
59	59	represent rural water suppliers in the district, one must represent
60	60	agricultural interests in the district, and one must represent
61	61	industrial interests in the district.
62	62	(c) If there is a vacancy on the temporary board of
63	63	directors of the district, the Harrison County Commissioners Court
64	64	shall appoint a person to fill the vacancy in a manner that meets
65	65	the representational requirements of this section.
66	66	(d) Temporary directors serve until the earlier of:
67	67	(1) the date initial directors are elected under
68	68	Section 8850.023; or
69	69	(2) the fourth anniversary of the effective date of
70	70	the Act creating this chapter.
71	71	(e) If initial directors have not been elected under Section
72	72	8850.023 and the terms of the temporary directors have expired,
73	73	successor temporary directors shall be appointed in the manner
74	74	provided by Subsections (a) and (b) to serve terms that expire on
75	75	the date this subchapter expires under Section 8850.026.
76	76	Sec. 8850.022. ORGANIZATIONAL MEETING OF TEMPORARY
77	77	DIRECTORS. As soon as practicable after all the temporary
78	78	directors have qualified under Section 36.055, Water Code, a
79	79	majority of the temporary directors shall convene the
80	80	organizational meeting of the district at a location within the
81	81	district agreeable to a majority of the directors. If an agreement
82	82	on location cannot be reached, the organizational meeting shall be
83	83	at the Harrison County Courthouse.
84	84	Sec. 8850.023. CONFIRMATION AND INITIAL DIRECTORS'
85	85	ELECTION. (a) The temporary directors shall hold an election to
86	86	confirm the creation of the district and to elect the initial
87	87	directors of the district.
88	88	(b) The temporary directors shall have placed on the ballot
89	89	the names of all candidates for an initial director's position who
90	90	have filed an application for a place on the ballot as provided by
91	91	Section 52.003, Election Code.
92	92	(c) The ballot must be printed to provide for voting for or
93	93	against the proposition: "The creation of the Harrison County
94	94	Groundwater Conservation District."
95	95	(d) If the district levies a maintenance tax for payment of
96	96	expenses, the ballot must be printed to provide for voting for or
97	97	against the proposition: "The levy of a maintenance tax at a rate
98	98	not to exceed ____ cents for each $100 of assessed valuation."
99	99	(e) Section 41.001(a), Election Code, does not apply to an
100	100	election held under this section.
101	101	(f) Except as provided by this section, an election under
102	102	this section must be conducted as provided by Sections
103	103	36.017(b)-(i), Water Code, and the Election Code. The provision of
104	104	Section 36.017(d), Water Code, relating to the election of
105	105	permanent directors does not apply to an election under this
106	106	section.
107	107	Sec. 8850.024. INITIAL DIRECTORS. (a) If creation of the
108	108	district is confirmed at an election held under Section 8850.023,
109	109	the directors elected shall take office as initial directors of the
110	110	district and serve on the board of directors until permanent
111	111	directors are elected under Section 8850.025 or 8850.053.
112	112	(b) The four initial directors representing the
113	113	commissioners precincts shall draw lots to determine which two
114	114	shall serve a term expiring June 1 following the first regularly
115	115	scheduled election of directors under Section 8850.025, and which
116	116	two shall serve a term expiring June 1 following the second
117	117	regularly scheduled election of directors. The at-large director
118	118	shall serve a term expiring June 1 following the second regularly
119	119	scheduled election of directors.
120	120	Sec. 8850.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On
121	121	the uniform election date prescribed by Section 41.001, Election
122	122	Code, in May of the first even-numbered year after the year in which
123	123	the district is authorized to be created at a confirmation
124	124	election, an election shall be held in the district for the election
125	125	of two directors to replace the initial directors who, under
126	126	Section 8850.024(b), serve a term expiring June 1 following that
127	127	election.
128	128	Sec. 8850.026. EXPIRATION OF SUBCHAPTER. This subchapter
129	129	expires September 1, 2014.
130	130	[Sections 8850.027-8850.050 reserved for expansion]
131	131	SUBCHAPTER B. BOARD OF DIRECTORS
132	132	Sec. 8850.051. DIRECTORS; TERMS. (a) The district is
133	133	governed by a board of five directors.
134	134	(b) Directors serve staggered four-year terms, with two or
135	135	three directors' terms expiring June 1 of each even-numbered year.
136	136	(c) A director may serve consecutive terms.
137	137	Sec. 8850.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
138	138	PRECINCTS. (a) The directors of the district shall be elected
139	139	according to the commissioners precinct method as provided by this
140	140	section.
141	141	(b) One director shall be elected by the voters of the
142	142	entire district, and one director shall be elected from each county
143	143	commissioners precinct by the voters of that precinct.
144	144	(c) Except as provided by Subsection (e), to be eligible to
145	145	be a candidate for or to serve as director at large, a person must be
146	146	a registered voter in the district. To be a candidate for or to
147	147	serve as director from a county commissioners precinct, a person
148	148	must be a registered voter of that precinct.
149	149	(d) A person shall indicate on the application for a place
150	150	on the ballot:
151	151	(1) the precinct that the person seeks to represent;
152	152	or
153	153	(2) that the person seeks to represent the district at
154	154	large.
155	155	(e) When the boundaries of the county commissioners
156	156	precincts are redrawn after each federal decennial census to
157	157	reflect population changes, a director in office on the effective
158	158	date of the change, or a director elected or appointed before the
159	159	effective date of the change whose term of office begins on or after
160	160	the effective date of the change, shall serve in the precinct to
161	161	which elected or appointed even though the change in boundaries
162	162	places the person's residence outside the precinct for which the
163	163	person was elected or appointed.
164	164	Sec. 8850.053. ELECTION DATE. The district shall hold an
165	165	election to elect the appropriate number of directors on the
166	166	uniform election date prescribed by Section 41.001, Election Code,
167	167	in May of each even-numbered year.
168	168	Sec. 8850.054. COMPENSATION. (a) Sections 36.060(a), (b),
169	169	and (d), Water Code, do not apply to the district.
170	170	(b) A director is entitled to receive compensation of not
171	171	more than $50 a day for each day the director actually spends
172	172	performing the duties of a director. The compensation may not
173	173	exceed $3,000 a year.
174	174	(c) The board may authorize a director to receive
175	175	reimbursement for the director's reasonable expenses incurred
176	176	while engaging in activities on behalf of the board.
177	177	Sec. 8850.055. BOARD ACTION. A majority vote of a quorum is
178	178	required for board action. If there is a tie vote, the proposed
179	179	action fails.
180	180	[Sections 8850.056-8850.100 reserved for expansion]
181	181	SUBCHAPTER C. POWERS AND DUTIES
182	182	Sec. 8850.101. GENERAL POWERS. Except as otherwise
183	183	provided by this chapter, the district has all of the rights,
184	184	powers, privileges, functions, and duties provided by the general
185	185	law of this state applicable to groundwater conservation districts
186	186	created under Section 59, Article XVI, Texas Constitution.
187	187	Sec. 8850.102. PROHIBITION ON DISTRICT PURCHASE, SALE,
188	188	TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
189	189	purchase, sell, transport, or distribute surface water or
190	190	groundwater for any purpose.
191	191	Sec. 8850.103. PROHIBITION ON DISTRICT USE OF EMINENT
192	192	DOMAIN POWER. The district may not exercise the power of eminent
193	193	domain.
194	194	Sec. 8850.104. REGIONAL COOPERATION. (a) In this section,
195	195	"designated groundwater management area" means an area designated
196	196	as a groundwater management area under Section 35.004, Water Code.
197	197	(b) To provide for regional continuity, the district shall
198	198	comply with the requirements of Section 36.108, Water Code, and:
199	199	(1) participate as needed in coordination meetings
200	200	with other groundwater conservation districts in its designated
201	201	groundwater management area;
202	202	(2) coordinate the collection of data with other
203	203	groundwater conservation districts in its designated groundwater
204	204	management area in such a way as to achieve relative uniformity of
205	205	data type and quality;
206	206	(3) coordinate efforts to monitor water quality with
207	207	other groundwater conservation districts in its designated
208	208	groundwater management area, local governments, and state
209	209	agencies;
210	210	(4) provide groundwater level data to other
211	211	groundwater conservation districts in its designated groundwater
212	212	management area;
213	213	(5) investigate any groundwater or aquifer pollution
214	214	with the intention of locating its source;
215	215	(6) notify other groundwater conservation districts
216	216	in its designated groundwater management area and all appropriate
217	217	agencies of any groundwater pollution detected;
218	218	(7) annually provide to other groundwater
219	219	conservation districts in its designated groundwater management
220	220	area an inventory of water wells and an estimate of groundwater
221	221	production in the district; and
222	222	(8) include other groundwater conservation districts
223	223	in its designated groundwater management area on the mailing lists
224	224	for district newsletters, seminars, public education events, news
225	225	articles, and field days.
226	226	[Sections 8850.105-8850.150 reserved for expansion]
227	227	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
228	228	Sec. 8850.151. LIMITATION ON TAXES. The district may not
229	229	impose ad valorem taxes at a rate that exceeds 1.5 cents on each
230	230	$100 valuation of taxable property in the district.
231	231	Sec. 8850.152. FEES. (a) The board by rule may impose
232	232	reasonable fees on each well:
233	233	(1) for which a permit is issued by the district; and
234	234	(2) that is not exempt from district regulation.
235	235	(b) A production fee may be based on:
236	236	(1) the size of column pipe used by the well; or
237	237	(2) the amount of water actually withdrawn from the
238	238	well, or the amount authorized or anticipated to be withdrawn.
239	239	(c) The board shall base the initial production fee on the
240	240	criteria listed in Subsection (b)(2). The initial production fee:
241	241	(1) may not exceed:
242	242	(A) 25 cents per acre-foot for water used for
243	243	agricultural irrigation; or
244	244	(B) 4.25 cents per thousand gallons for water
245	245	used for any other purpose; and
246	246	(2) may be increased at a cumulative rate not to exceed
247	247	three percent per year.
248	248	(d) In addition to the production fee authorized under this
249	249	section, the district may assess an export fee on groundwater from a
250	250	well that is produced for transport outside the district.
251	251	(e) Fees authorized by this section may be:
252	252	(1) assessed annually;
253	253	(2) used to pay the cost of district operations; and
254	254	(3) used for any other purpose allowed under Chapter
255	255	36, Water Code.
256	256	Sec. 8850.153. LIMITATION ON INDEBTEDNESS. The district
257	257	may issue bonds and notes under Subchapter F, Chapter 36, Water
258	258	Code, except that the total indebtedness created by that issuance
259	259	may not exceed $500,000 at any time.
260	260	SECTION 2. (a) The legal notice of the intention to
261	261	introduce this Act, setting forth the general substance of this
262	262	Act, has been published as provided by law, and the notice and a
263	263	copy of this Act have been furnished to all persons, agencies,
264	264	officials, or entities to which they are required to be furnished
265	265	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
266	266	Government Code.
267	267	(b) The governor has submitted the notice and Act to the
268	268	Texas Commission on Environmental Quality.
269	269	(c) The Texas Commission on Environmental Quality has filed
270	270	its recommendations relating to this Act with the governor,
271	271	lieutenant governor, and speaker of the house of representatives
272	272	within the required time.
273	273	(d) All requirements of the constitution and laws of this
274	274	state and the rules and procedures of the legislature with respect
275	275	to the notice, introduction, and passage of this Act are fulfilled
276	276	and accomplished.
277	277	SECTION 3. This Act takes effect immediately if it receives
278	278	a vote of two-thirds of all the members elected to each house, as
279	279	provided by Section 39, Article III, Texas Constitution. If this
280	280	Act does not receive the vote necessary for immediate effect, this
281	281	Act takes effect September 1, 2009.