Texas 2011 - 82nd Regular

Texas Senate Bill SB1290 Compare Versions

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1	1	By: Hegar S.B. No. 1290
2	2	(Hunter)
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; providing authority to issue bonds.
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
37	37	organization 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	[Sections 8860.006-8860.020 reserved for expansion]
46	46	SUBCHAPTER A-1. TEMPORARY PROVISIONS
47	47	Sec. 8860.021. APPOINTMENT OF TEMPORARY DIRECTORS.
48	48	(a) Not later than September 11, 2011, the Calhoun County
49	49	Commissioners Court shall appoint five temporary directors as
50	50	follows:
51	51	(1) one temporary director from each of the four
52	52	commissioners precincts in the county to represent the precincts in
53	53	which the temporary directors reside; and
54	54	(2) one temporary director who resides in the district
55	55	to represent the district at large.
56	56	(b) If a temporary director fails to qualify for office or a
57	57	vacancy occurs on the temporary board, the remaining temporary
58	58	directors shall appoint a qualified person to fill the vacancy. If
59	59	at any time there are fewer than three qualified temporary
60	60	directors, the Calhoun County Commissioners Court shall appoint the
61	61	necessary number of persons to fill all vacancies on the board.
62	62	(c) The temporary directors shall select from among
63	63	themselves a president, a vice president, and a secretary.
64	64	(d) Temporary directors serve until the earlier of:
65	65	(1) the date the creation of the district is confirmed
66	66	at an election held under Section 8860.022; or
67	67	(2) September 1, 2015.
68	68	(e) If the creation of the district has not been confirmed
69	69	under Section 8860.022 and the terms of the temporary directors
70	70	have expired, successor temporary directors shall be appointed in
71	71	the manner provided by Subsection (a) to serve terms that expire on
72	72	the earliest of:
73	73	(1) the date the district's creation is confirmed at an
74	74	election held under Section 8860.022;
75	75	(2) the date the requirements of Section 8860.003(1)
76	76	are fulfilled; or
77	77	(3) September 1, 2018.
78	78	Sec. 8860.022. CONFIRMATION ELECTION. (a) Not later than
79	79	October 1, 2011, the temporary directors shall meet and shall order
80	80	an election to be held in the district not later than September 1,
81	81	2012, to confirm the creation of the district.
82	82	(b) The ballot for the election shall be printed to provide
83	83	for voting for or against the proposition: "The creation of the
84	84	Calhoun County Groundwater Conservation District and the
85	85	imposition of a fee to pay the maintenance and operating costs of
86	86	the district."
87	87	(c) The temporary board may include other propositions on
88	88	the ballot that the board considers necessary.
89	89	(d) Section 41.001(a), Election Code, does not apply to an
90	90	election held under this section.
91	91	(e) If a majority of the votes cast at the election are in
92	92	favor of confirming the district's creation, the temporary
93	93	directors shall declare the district created. If a majority of the
94	94	votes cast are not in favor of confirming the district's creation,
95	95	the district's creation is not confirmed. The temporary directors
96	96	shall file a copy of the election results with the Texas Commission
97	97	on Environmental Quality.
98	98	(f) If the district's creation is not confirmed at an
99	99	election held under this section, the temporary directors may order
100	100	one or more subsequent elections to be held to confirm the creation
101	101	of the district not earlier than the first anniversary of the
102	102	preceding confirmation election. If the district's creation is not
103	103	confirmed at an election held under this section on or before
104	104	December 31, 2016, the district is dissolved in accordance with
105	105	Section 8860.003.
106	106	Sec. 8860.023. INITIAL DIRECTORS. (a) If the creation of
107	107	the district is confirmed at an election held under Section
108	108	8860.022, the temporary directors become the initial directors and
109	109	serve for the terms provided by Subsection (b).
110	110	(b) The initial directors representing commissioners
111	111	precincts 1 and 3 serve a term expiring on December 31 following the
112	112	expiration of two years after the date of the confirmation
113	113	election, and the initial directors representing commissioners
114	114	precincts 2 and 4 and the at-large director serve a term expiring on
115	115	December 31 following the expiration of four years after the date of
116	116	the confirmation election.
117	117	Sec. 8860.024. EXPIRATION OF SUBCHAPTER. This subchapter
118	118	expires September 1, 2018.
119	119	[Sections 8860.025-8860.050 reserved for expansion]
120	120	SUBCHAPTER B. BOARD OF DIRECTORS
121	121	Sec. 8860.051. GOVERNING BODY; TERMS. (a) The district is
122	122	governed by a board of five elected directors.
123	123	(b) Directors serve staggered four-year terms, with two or
124	124	three directors' terms expiring December 31 of each even-numbered
125	125	year.
126	126	Sec. 8860.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
127	127	PRECINCTS. (a) The directors of the district are elected
128	128	according to the commissioners precinct method as provided by this
129	129	section.
130	130	(b) One director is elected by the voters of the entire
131	131	district, and one director is elected from each county
132	132	commissioners precinct by the voters of that precinct.
133	133	(c) Except as provided by Subsection (e), to be eligible to
134	134	be a candidate for or to serve as director at large, a person must be
135	135	a registered voter in the district. To be a candidate for or to
136	136	serve as director from a county commissioners precinct, a person
137	137	must be a registered voter of that precinct.
138	138	(d) A person shall indicate on the application for a place
139	139	on the ballot:
140	140	(1) the precinct that the person seeks to represent;
141	141	or
142	142	(2) that the person seeks to represent the district at
143	143	large.
144	144	(e) When the boundaries of the county commissioners
145	145	precincts are redrawn after each federal decennial census to
146	146	reflect population changes, a director in office on the effective
147	147	date of the change, or a director elected or appointed before the
148	148	effective date of the change whose term of office begins on or after
149	149	the effective date of the change, shall serve in the precinct to
150	150	which elected or appointed even though the change in boundaries
151	151	places the director's residence outside the precinct for which the
152	152	director was elected or appointed.
153	153	Sec. 8860.053. ELECTION DATE. The district shall hold an
154	154	election to elect the appropriate number of directors on the
155	155	uniform election date prescribed by Section 41.001, Election Code,
156	156	in November of each even-numbered year.
157	157	Sec. 8860.054. VACANCIES. If a vacancy occurs on the board,
158	158	the remaining directors shall appoint a person to fill the vacancy
159	159	until the next regularly scheduled election of directors. If the
160	160	position is not scheduled to be filled at the election, the person
161	161	elected serves only for the remainder of the unexpired term.
162	162	Sec. 8860.055. COMPENSATION; EXPENSES. (a) A director is
163	163	not entitled to receive compensation for performing the duties of a
164	164	director.
165	165	(b) The board may authorize a director to receive
166	166	reimbursement for the director's reasonable expenses incurred
167	167	while engaging in activities on behalf of the district.
168	168	[Sections 8860.056-8860.100 reserved for expansion]
169	169	SUBCHAPTER C. POWERS AND DUTIES
170	170	Sec. 8860.101. GROUNDWATER CONSERVATION DISTRICT POWERS
171	171	AND DUTIES. Except as otherwise provided by this chapter, the
172	172	district has the powers and duties provided by the general law of
173	173	this state, including Chapter 36, Water Code, applicable to
174	174	groundwater conservation districts created under Section 59,
175	175	Article XVI, Texas Constitution.
176	176	Sec. 8860.102. CERTAIN PERMIT DENIALS PROHIBITED. The
177	177	district may not deny the owner of a tract of land, or the owner's
178	178	lessee, who does not have a well equipped to produce more than
179	179	25,000 gallons each day on the tract, either a permit to drill a
180	180	well on the tract or the privilege to produce groundwater from the
181	181	tract, subject to district rules.
182	182	Sec. 8860.103. MITIGATION ASSISTANCE. In addition to the
183	183	authority granted by Chapter 36, Water Code, the district may
184	184	assist in the mediation between landowners regarding the loss of
185	185	existing groundwater supply of exempt domestic and livestock users
186	186	due to the groundwater pumping of others.
187	187	Sec. 8860.104. NO EMINENT DOMAIN POWER. The district may
188	188	not exercise the power of eminent domain.
189	189	[Sections 8860.105-8860.150 reserved for expansion]
190	190	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
191	191	Sec. 8860.151. FEES. (a) The board by rule may impose a
192	192	reasonable fee on each well for which a permit is issued by the
193	193	district and that is not exempt from regulation by the district.
194	194	The fee may be based on:
195	195	(1) the size of column pipe used by the well; or
196	196	(2) the actual, authorized, or anticipated amount of
197	197	water to be withdrawn from the well.
198	198	(b) In addition to a fee imposed under Subsection (a), the
199	199	district may impose a reasonable fee or surcharge for an export fee
200	200	using one of the following methods:
201	201	(1) a fee negotiated between the district and the
202	202	transporter; or
203	203	(2) a combined production and export fee.
204	204	(c) Fees authorized by this section may be assessed annually
205	205	and may be used to fund the cost of district operations.
206	206	Sec. 8860.152. TAXES PROHIBITED. The district may not
207	207	impose a tax and does not have the authority granted by Sections
208	208	36.020 and 36.201-36.204, Water Code, relating to taxes.
209	209	SECTION 2. (a) The legal notice of the intention to
210	210	introduce this Act, setting forth the general substance of this
211	211	Act, has been published as provided by law, and the notice and a
212	212	copy of this Act have been furnished to all persons, agencies,
213	213	officials, or entities to which they are required to be furnished
214	214	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
215	215	Government Code.
216	216	(b) The governor has submitted the notice and Act to the
217	217	Texas Commission on Environmental Quality.
218	218	(c) The Texas Commission on Environmental Quality has filed
219	219	its recommendations relating to this Act with the governor,
220	220	lieutenant governor, and speaker of the house of representatives
221	221	within the required time.
222	222	(d) All requirements of the constitution and laws of this
223	223	state and the rules and procedures of the legislature with respect
224	224	to the notice, introduction, and passage of this Act are fulfilled
225	225	and accomplished.
226	226	SECTION 3. This Act takes effect September 1, 2011.