Texas 2011 - 82nd Regular

Texas House Bill HB2859 Compare Versions

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1	1	By: Gallego (Senate Sponsor - Uresti) H.B. No. 2859
2	2	(In the Senate - Received from the House April 27, 2011;
3	3	April 28, 2011, read first time and referred to Committee on
4	4	Natural Resources; May 11, 2011, reported favorably by the
5	5	following vote: Yeas 10, Nays 0; May 11, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of the Terrell County Groundwater
11	11	Conservation District; providing authority to impose a tax and
12	12	issue bonds.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle H, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8837 to read as follows:
16	16	CHAPTER 8837. TERRELL COUNTY GROUNDWATER
17	17	CONSERVATION DISTRICT
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8837.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the board of directors of the
21	21	district.
22	22	(2) "Commissioners court" means the Terrell County
23	23	Commissioners Court.
24	24	(3) "Director" means a member of the board.
25	25	(4) "District" means the Terrell County Groundwater
26	26	Conservation District.
27	27	Sec. 8837.002. NATURE OF DISTRICT. The district is a
28	28	groundwater conservation district in Terrell County created under
29	29	and essential to accomplish the purposes of Section 59, Article
30	30	XVI, Texas Constitution.
31	31	Sec. 8837.003. CONFIRMATION ELECTION REQUIRED. If the
32	32	creation of the district is not confirmed at a confirmation
33	33	election held under Section 8837.022 before December 31, 2012:
34	34	(1) the district is dissolved December 31, 2012,
35	35	except that:
36	36	(A) any debts incurred shall be paid;
37	37	(B) any assets that remain after the payment of
38	38	debts shall be transferred to Terrell County; and
39	39	(C) the organization of the district shall be
40	40	maintained until all debts are paid and remaining assets are
41	41	transferred; and
42	42	(2) this chapter expires September 1, 2016.
43	43	Sec. 8837.004. INITIAL DISTRICT TERRITORY. The initial
44	44	boundaries of the district are coextensive with the boundaries of
45	45	Terrell County, Texas.
46	46	Sec. 8837.005. DISTRICT NAME CHANGE. The board may change
47	47	the district's name when the district annexes territory.
48	48	Sec. 8837.006. APPLICABILITY OF OTHER GROUNDWATER
49	49	CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by
50	50	this chapter, Chapter 36, Water Code, applies to the district.
51	51	(b) Section 36.121, Water Code, does not apply to the
52	52	district.
53	53	[Sections 8837.007-8837.020 reserved for expansion]
54	54	SUBCHAPTER A-1. TEMPORARY PROVISIONS
55	55	Sec. 8837.021. APPOINTMENT OF INITIAL DIRECTORS; TERMS.
56	56	(a) Not later than the 45th day after the effective date of the Act
57	57	enacting this chapter, the commissioners court shall appoint five
58	58	initial directors in a manner that meets the representational
59	59	requirements of Section 8837.051.
60	60	(b) Except as provided by Section 8837.003, and
61	61	notwithstanding Section 8837.053, one director representing urban
62	62	interests and two directors representing agricultural interests
63	63	shall be appointed to terms that expire April 1, 2013. The other
64	64	two directors shall be appointed to terms that expire April 1, 2015.
65	65	Sec. 8837.022. CONFIRMATION ELECTION. (a) The initial
66	66	directors shall hold an election to confirm the creation of the
67	67	district.
68	68	(b) Section 41.001(a), Election Code, does not apply to an
69	69	election held under this section.
70	70	(c) Except as provided by this section, a confirmation
71	71	election must be conducted as provided by Sections 36.017(b)-(i),
72	72	Water Code, and the Election Code. The provision of Section
73	73	36.017(d), Water Code, relating to the election of directors does
74	74	not apply to an election under this section.
75	75	Sec. 8837.023. EXPIRATION OF SUBCHAPTER. This subchapter
76	76	expires September 1, 2016.
77	77	[Sections 8837.024-8837.050 reserved for expansion]
78	78	SUBCHAPTER B. BOARD OF DIRECTORS
79	79	Sec. 8837.051. COMPOSITION OF BOARD. (a) The district is
80	80	governed by a board of five directors appointed by the
81	81	commissioners court.
82	82	(b) Two directors must represent urban interests in the
83	83	district and three must represent agricultural interests in the
84	84	district.
85	85	Sec. 8837.052. TERMS OF DIRECTORS. (a) Directors serve
86	86	staggered four-year terms, with two or three directors' terms
87	87	expiring April 1 of each odd-numbered year.
88	88	(b) A director may serve consecutive terms.
89	89	(c) The commissioners court shall appoint a director to
90	90	succeed a serving director on or before the date the serving
91	91	director's term expires.
92	92	Sec. 8837.053. VACANCIES. If there is a vacancy on the
93	93	board, the commissioners court shall appoint a person to fill the
94	94	vacancy for the remainder of the term in a manner that meets the
95	95	representational requirements of Section 8837.051.
96	96	Sec. 8837.054. COMPENSATION. (a) Sections 36.060(a), (b),
97	97	and (d), Water Code, do not apply to the district.
98	98	(b) A director is entitled to receive compensation of not
99	99	more than $50 a day for each day the director actually spends
100	100	performing the duties of a director. The compensation may not
101	101	exceed $3,000 a year.
102	102	(c) The board may authorize a director to receive
103	103	reimbursement for the director's reasonable expenses incurred
104	104	while engaging in activities on behalf of the board.
105	105	[Sections 8837.055-8837.100 reserved for expansion]
106	106	SUBCHAPTER C. POWERS AND DUTIES
107	107	Sec. 8837.101. GENERAL POWERS. Except as otherwise
108	108	provided by this chapter, the district has all of the rights,
109	109	powers, privileges, functions, and duties provided by the general
110	110	law of this state applicable to groundwater conservation districts
111	111	created under Section 59, Article XVI, Texas Constitution.
112	112	Sec. 8837.102. PROHIBITION ON DISTRICT PURCHASE, SALE,
113	113	TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
114	114	purchase, sell, transport, or distribute surface water or
115	115	groundwater for any purpose.
116	116	Sec. 8837.103. NO EMINENT DOMAIN POWER. The district may
117	117	not exercise the power of eminent domain.
118	118	[Sections 8837.104-8837.150 reserved for expansion]
119	119	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
120	120	Sec. 8837.151. LIMITATION ON TAXES. The district may not
121	121	impose ad valorem taxes at a rate that exceeds 1.5 cents on each
122	122	$100 valuation of taxable property in the district.
123	123	Sec. 8837.152. FEES. (a) The board by rule may impose
124	124	reasonable fees on each well:
125	125	(1) for which a permit is issued by the district; and
126	126	(2) that is not exempt from district regulation.
127	127	(b) A production fee may be based on:
128	128	(1) the size of column pipe used by the well; or
129	129	(2) the amount of water actually withdrawn from the
130	130	well, or the amount authorized or anticipated to be withdrawn.
131	131	(c) The board shall base the initial production fee on the
132	132	criteria listed in Subsection (b)(2). The initial production fee:
133	133	(1) may not exceed:
134	134	(A) 25 cents per acre-foot for water used for
135	135	agricultural irrigation; or
136	136	(B) 4.25 cents per thousand gallons for water
137	137	used for any other purpose; and
138	138	(2) may be increased at a cumulative rate not to exceed
139	139	three percent per year.
140	140	(d) In addition to the production fee authorized under this
141	141	section, the district may assess an export fee on groundwater from a
142	142	well that is produced for transport outside the district.
143	143	(e) Fees authorized by this section may be:
144	144	(1) assessed annually;
145	145	(2) used to pay the cost of district operations; and
146	146	(3) used for any other purpose allowed under Chapter
147	147	36, Water Code.
148	148	Sec. 8837.153. LIMITATION ON INDEBTEDNESS. The district
149	149	may issue bonds and notes under Subchapter F, Chapter 36, Water
150	150	Code, except that the total indebtedness created by that issuance
151	151	may not exceed $500,000 at any time.
152	152	SECTION 2. (a) The legal notice of the intention to
153	153	introduce this Act, setting forth the general substance of this
154	154	Act, has been published as provided by law, and the notice and a
155	155	copy of this Act have been furnished to all persons, agencies,
156	156	officials, or entities to which they are required to be furnished
157	157	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
158	158	Government Code.
159	159	(b) The governor has submitted the notice and Act to the
160	160	Texas Commission on Environmental Quality.
161	161	(c) The Texas Commission on Environmental Quality has filed
162	162	its recommendations relating to this Act with the governor,
163	163	lieutenant governor, and speaker of the house of representatives
164	164	within the required time.
165	165	(d) All requirements of the constitution and laws of this
166	166	state and the rules and procedures of the legislature with respect
167	167	to the notice, introduction, and passage of this Act are fulfilled
168	168	and accomplished.
169	169	SECTION 3. This Act takes effect September 1, 2011.
170	170	* * * * *