Texas 2011 - 82nd Regular

Texas House Bill HB2794 Compare Versions

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1	1	82R6120 SGA-D
2	2	By: Hunter H.B. No. 2794
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Calhoun County Groundwater
8	8	Conservation District.
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 8860 to read as follows:
12	12	CHAPTER 8860. CALHOUN COUNTY GROUNDWATER
13	13	CONSERVATION DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8860.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the board of directors of the
17	17	district.
18	18	(2) "Director" means a board member.
19	19	(3) "District" means the Calhoun County Groundwater
20	20	Conservation District.
21	21	Sec. 8860.002. NATURE OF DISTRICT. The district is a
22	22	groundwater conservation district in Calhoun County created under
23	23	and essential to accomplish the purposes of Section 59, Article
24	24	XVI, Texas Constitution.
25	25	Sec. 8860.003. CONFIRMATION ELECTION REQUIRED. If the
26	26	creation of the district is not confirmed at a confirmation
27	27	election held under Section 8860.022 before December 31, 2016:
28	28	(1) the district is dissolved on December 31, 2016,
29	29	except that the district shall:
30	30	(A) pay any debts incurred;
31	31	(B) transfer to Calhoun County any assets that
32	32	remain after the payment of debts; and
33	33	(C) maintain the organization of the district
34	34	until all debts are paid and remaining assets are transferred; and
35	35	(2) this chapter expires September 1, 2018.
36	36	Sec. 8860.004. LEGISLATIVE FINDINGS. (a) The organization
37	37	of the district is feasible and practicable.
38	38	(b) All land in and residents of the district will benefit
39	39	from the creation of the district.
40	40	(c) The creation of the district is a public necessity and
41	41	will provide a public benefit.
42	42	Sec. 8860.005. INITIAL DISTRICT TERRITORY. The initial
43	43	boundaries of the district are coextensive with the boundaries of
44	44	Calhoun County.
45	45	Sec. 8860.006. CONFLICTS OF LAW. This chapter prevails
46	46	over any provision of general law, including a provision of Chapter
47	47	36, Water Code, that is in conflict or is inconsistent with this
48	48	chapter.
49	49	[Sections 8860.007-8860.020 reserved for expansion]
50	50	SUBCHAPTER A-1. TEMPORARY PROVISIONS
51	51	Sec. 8860.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
52	52	Not later than September 11, 2011, the Calhoun County Commissioners
53	53	Court shall appoint five temporary directors as follows:
54	54	(1) one temporary director from each of the four
55	55	commissioners precincts in the county to represent the precincts in
56	56	which the temporary directors reside; and
57	57	(2) one temporary director who resides in the district
58	58	to represent the district at large.
59	59	(b) If a temporary director fails to qualify for office or a
60	60	vacancy occurs on the temporary board, the remaining temporary
61	61	directors shall appoint a qualified person to fill the vacancy. If
62	62	at any time there are fewer than three qualified temporary
63	63	directors, the Calhoun County Commissioners Court shall appoint the
64	64	necessary number of persons to fill all vacancies on the board.
65	65	(c) The temporary directors shall select from among
66	66	themselves a president, a vice president, and a secretary.
67	67	(d) Temporary directors serve until the earlier of:
68	68	(1) the date the creation of the district is confirmed
69	69	at an election held under Section 8860.022; or
70	70	(2) September 1, 2015.
71	71	(e) If the creation of the district has not been confirmed
72	72	under Section 8860.022 and the terms of the temporary directors
73	73	have expired, successor temporary directors shall be appointed in
74	74	the manner provided by Subsection (a) to serve terms that expire on
75	75	the earliest of:
76	76	(1) the date the district's creation is confirmed at an
77	77	election held under Section 8860.022;
78	78	(2) the date the requirements of Section 8860.003(1)
79	79	are fulfilled; or
80	80	(3) September 1, 2018.
81	81	Sec. 8860.022. CONFIRMATION ELECTION. (a) Not later than
82	82	October 1, 2011, the temporary directors shall meet and shall order
83	83	an election to be held in the district not later than September 1,
84	84	2012, to confirm the creation of the district.
85	85	(b) The ballot for the election shall be printed to provide
86	86	for voting for or against the proposition: "The creation of the
87	87	Calhoun County Groundwater Conservation District and the
88	88	imposition of a fee to pay the maintenance and operating costs of
89	89	the district."
90	90	(c) The temporary board may include other propositions on
91	91	the ballot that the board considers necessary.
92	92	(d) Section 41.001(a), Election Code, does not apply to an
93	93	election held under this section.
94	94	(e) If a majority of the votes cast at the election are in
95	95	favor of confirming the district's creation, the temporary
96	96	directors shall declare the district created. If a majority of the
97	97	votes cast are not in favor of confirming the district's creation,
98	98	the district's creation is not confirmed. The temporary directors
99	99	shall file a copy of the election results with the Texas Commission
100	100	on Environmental Quality.
101	101	(f) If the district's creation is not confirmed at an
102	102	election held under this section, the temporary directors may order
103	103	one or more subsequent elections to be held to confirm the creation
104	104	of the district not earlier than the first anniversary of the
105	105	preceding confirmation election. If the district's creation is not
106	106	confirmed at an election held under this section on or before
107	107	December 31, 2016, the district is dissolved in accordance with
108	108	Section 8860.003.
109	109	Sec. 8860.023. INITIAL DIRECTORS. (a) If the creation of
110	110	the district is confirmed at an election held under Section
111	111	8860.022, the temporary directors become the initial directors and
112	112	serve for the terms provided by Subsection (b).
113	113	(b) The initial directors representing commissioners
114	114	precincts 1 and 3 serve a term expiring on December 31 following the
115	115	expiration of two years after the date of the confirmation
116	116	election, and the initial directors representing commissioners
117	117	precincts 2 and 4 and the at-large director serve a term expiring on
118	118	December 31 following the expiration of four years after the date of
119	119	the confirmation election.
120	120	Sec. 8860.024. EXPIRATION OF SUBCHAPTER. This subchapter
121	121	expires September 1, 2018.
122	122	[Sections 8860.025-8860.050 reserved for expansion]
123	123	SUBCHAPTER B. BOARD OF DIRECTORS
124	124	Sec. 8860.051. GOVERNING BODY; TERMS. (a) The district is
125	125	governed by a board of five elected directors.
126	126	(b) Directors serve staggered four-year terms, with two or
127	127	three directors' terms expiring December 31 of each even-numbered
128	128	year.
129	129	Sec. 8860.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
130	130	PRECINCTS. (a) The directors of the district are elected according
131	131	to the commissioners precinct method as provided by this section.
132	132	(b) One director is elected by the voters of the entire
133	133	district, and one director is elected from each county
134	134	commissioners precinct by the voters of that precinct.
135	135	(c) Except as provided by Subsection (e), to be eligible to
136	136	be a candidate for or to serve as director at large, a person must be
137	137	a registered voter in the district. To be a candidate for or to
138	138	serve as director from a county commissioners precinct, a person
139	139	must be a registered voter of that precinct.
140	140	(d) A person shall indicate on the application for a place
141	141	on the ballot:
142	142	(1) the precinct that the person seeks to represent;
143	143	or
144	144	(2) that the person seeks to represent the district at
145	145	large.
146	146	(e) When the boundaries of the county commissioners
147	147	precincts are redrawn after each federal decennial census to
148	148	reflect population changes, a director in office on the effective
149	149	date of the change, or a director elected or appointed before the
150	150	effective date of the change whose term of office begins on or after
151	151	the effective date of the change, shall serve in the precinct to
152	152	which elected or appointed even though the change in boundaries
153	153	places the director's residence outside the precinct for which the
154	154	director was elected or appointed.
155	155	Sec. 8860.053. ELECTION DATE. The district shall hold an
156	156	election to elect the appropriate number of directors on the
157	157	uniform election date prescribed by Section 41.001, Election Code,
158	158	in November of each even-numbered year.
159	159	Sec. 8860.054. VACANCIES. If a vacancy occurs on the board,
160	160	the remaining directors shall appoint a person to fill the vacancy
161	161	until the next regularly scheduled election of directors. If the
162	162	position is not scheduled to be filled at the election, the person
163	163	elected serves only for the remainder of the unexpired term.
164	164	Sec. 8860.055. COMPENSATION; EXPENSES. (a) A director is
165	165	not entitled to receive compensation for performing the duties of a
166	166	director.
167	167	(b) The board may authorize a director to receive
168	168	reimbursement for the director's reasonable expenses incurred
169	169	while engaging in activities on behalf of the district.
170	170	[Sections 8860.056-8860.100 reserved for expansion]
171	171	SUBCHAPTER C. POWERS AND DUTIES
172	172	Sec. 8860.101. GROUNDWATER CONSERVATION DISTRICT POWERS
173	173	AND DUTIES. Except as otherwise provided by this chapter, the
174	174	district has the powers and duties provided by the general law of
175	175	this state, including Chapter 36, Water Code, applicable to
176	176	groundwater conservation districts created under Section 59,
177	177	Article XVI, Texas Constitution.
178	178	Sec. 8860.102. CERTAIN PERMIT DENIALS PROHIBITED. The
179	179	district may not deny the owner of a tract of land, or the owner's
180	180	lessee, who does not have a well equipped to produce more than
181	181	25,000 gallons each day on the tract, either a permit to drill a
182	182	well on the tract or the privilege to produce groundwater from the
183	183	tract, subject to district rules.
184	184	Sec. 8860.103. MITIGATION ASSISTANCE. In addition to the
185	185	authority granted by Chapter 36, Water Code, the district may
186	186	assist in the mediation between landowners regarding the loss of
187	187	existing groundwater supply of exempt domestic and livestock users
188	188	due to the groundwater pumping of others.
189	189	Sec. 8860.104. NO EMINENT DOMAIN POWER. The district may
190	190	not exercise the power of eminent domain.
191	191	[Sections 8860.105-8860.150 reserved for expansion]
192	192	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
193	193	Sec. 8860.151. FEES. (a) The board by rule may impose a
194	194	reasonable fee on each well for which a permit is issued by the
195	195	district and that is not exempt from regulation by the district.
196	196	The fee may be based on:
197	197	(1) the size of column pipe used by the well; or
198	198	(2) the actual, authorized, or anticipated amount of
199	199	water to be withdrawn from the well.
200	200	(b) In addition to a fee imposed under Subsection (a), the
201	201	district may impose a reasonable fee or surcharge for an export fee
202	202	using one of the following methods:
203	203	(1) a fee negotiated between the district and the
204	204	transporter; or
205	205	(2) a combined production and export fee.
206	206	(c) Fees authorized by this section may be assessed annually
207	207	and may be used to fund the cost of district operations.
208	208	Sec. 8860.152. TAXES PROHIBITED. The district may not
209	209	impose a tax and does not have the authority granted by Sections
210	210	36.020 and 36.201-36.204, Water Code, relating to taxes.
211	211	SECTION 2. (a) The legal notice of the intention to
212	212	introduce this Act, setting forth the general substance of this
213	213	Act, has been published as provided by law, and the notice and a
214	214	copy of this Act have been furnished to all persons, agencies,
215	215	officials, or entities to which they are required to be furnished
216	216	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
217	217	Government Code.
218	218	(b) The governor has submitted the notice and Act to the
219	219	Texas Commission on Environmental Quality.
220	220	(c) The Texas Commission on Environmental Quality has filed
221	221	its recommendations relating to this Act with the governor,
222	222	lieutenant governor, and speaker of the house of representatives
223	223	within the required time.
224	224	(d) All requirements of the constitution and laws of this
225	225	state and the rules and procedures of the legislature with respect
226	226	to the notice, introduction, and passage of this Act are fulfilled
227	227	and accomplished.
228	228	SECTION 3. This Act takes effect September 1, 2011.