82R10665 SLB-D
By: Wentworth S.B. No. 1901
A BILL TO BE ENTITLED
AN ACT
relating to the Hays Trinity Groundwater Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.0307, Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001, is amended by amending
Subsection (d) and adding Subsection (i) to read as follows:
(d) Permanent directors serve staggered four-year
[two-year] terms.
(i) A director may not serve more than two consecutive
four-year terms. A former director may serve a third or subsequent
term if that director has not served for four years. A former
director who has not served for four years may be appointed to fill
a vacancy on the board and, if elected, may serve two full terms
after the expiration of the term to fill the vacancy.
SECTION 2. Section 3.0310, Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 3.0310. ELECTION OF DIRECTORS. [(a)] On the uniform
election date [first Saturday] in May of each even-numbered year
[or the first Tuesday after the first Monday in November of the
first even-numbered year after the year in which the district is
authorized to be created at a confirmation election], an election
shall be held in the district for the election of the appropriate
number of [three] directors [to serve two-year terms and two
directors to serve one-year terms].
[(b) On the first Saturday in May or the first Tuesday after
the first Monday in November, as applicable, of each subsequent
second year following the election held under Subsection (a) of
this section, the appropriate number of directors shall be
elected.]
SECTION 3. Section 3.0312(a), Chapter 966, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(a) Except as provided by Section 3.0305(c) [Sections
3.0305(b) and (c)] of this part, the district may require a permit
for the construction of a new well completed after the effective
date of this Act and may charge and collect a construction permit
fee [not to exceed $300].
SECTION 4. Chapter 966, Acts of the 77th Legislature,
Regular Session, 2001, is amended by adding Part 3A to read as
follows:
PART 3A. CERTAIN POWERS OF THE HAYS TRINITY GROUNDWATER
CONSERVATION DISTRICT
Sec. 3A.0351. DEFINITIONS. In this part:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Hays Trinity Groundwater
Conservation District.
Sec. 3A.0352. HIGH VOLUME WELLS. (a) In this section,
"high volume well" means a well that is capable of producing more
than 25,000 gallons per day for any use.
(b) An application for a permit to operate a high volume
well in the district must include:
(1) the name and mailing address of all persons who own
property within one-quarter mile of the well site; and
(2) proof that the owner or operator requesting the
permit has provided notice to all persons listed in Subdivision (1)
according to the form prescribed by the board.
Sec. 3A.0353. CERTAIN PERMIT EXEMPTIONS INAPPLICABLE.
Section 36.117(b)(1), Water Code, does not apply to the district.
Sec. 3A.0354. EXEMPTION FOR CERTAIN WELLS. (a) A well that
was approved for drilling on or before the effective date of the Act
enacting this part does not require a permit for drilling or
operation.
(b) The owner or operator of a well that meets the
requirements of Subsection (c) may apply for an exemption before
September 1, 2017. A well that is exempt under that subsection does
not require a permit for drilling or operation.
(c) A well is eligible for the exemption if the well
satisfies the requirements for exemption as they existed on the day
before the effective date of the Act enacting this part and the
well:
(1) has not been approved for drilling before the
effective date of the Act enacting this part; or
(2) is to be drilled to supply water for a subdivision
of land for which plat approval required by Chapter 232, Local
Government Code, has been received, but drilling on the well has not
begun.
SECTION 5. The following sections of Chapter 966, Acts of
the 77th Legislature, Regular Session, 2001, are repealed:
(1) Sections 3.0304(d) and (e);
(2) Sections 3.0305(a) and (b); and
(3) Section 3.0306(b).
SECTION 6. Not later than three months after the effective
date of this Act, the board of directors of the Hays Trinity
Groundwater Conservation District shall adopt rules to implement
Part 3A, Chapter 966, Acts of the 77th Legislature, Regular
Session, 2001, as added by this Act.
SECTION 7. (a) Section 3.0310, Chapter 966, Acts of the
77th Legislature, Regular Session, 2001, as amended by this Act,
applies only to a member of the board of directors of the Hays
Trinity Groundwater Conservation District elected on or after
September 1, 2011.
(b) A member of the board of directors of the Hays Trinity
Groundwater Conservation District elected in May 2010 serves a
two-year term.
(c) A member of the board of directors of the Hays Trinity
Groundwater Conservation District elected in May 2011 serves a
three-year term.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.