Texas 2013 - 83rd Regular

Texas House Bill HB2640 Compare Versions

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1	1	83R22546 SGA-F
2	2	By: Workman H.B. No. 2640
3	3	Substitute the following for H.B. No. 2640:
4	4	By: Miller of Comal C.S.H.B. No. 2640
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Western Travis County Groundwater
10	10	Conservation District; providing general law authority to issue
11	11	bonds and exercise the power of eminent domain; providing general
12	12	law authority to impose assessments, fees, surcharges, or taxes.
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 8871 to read as follows:
16	16	CHAPTER 8871. WESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
17	17	DISTRICT
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8871.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Director" means a board member.
22	22	(3) "District" means the Western Travis County
23	23	Groundwater Conservation District.
24	24	Sec. 8871.002. NATURE OF DISTRICT. The district is a
25	25	groundwater conservation district in Travis County created under
26	26	and essential to accomplish the purposes of Section 59, Article
27	27	XVI, Texas Constitution.
28	28	Sec. 8871.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
29	29	district is created to serve a public use and benefit.
30	30	(b) All land and other property included in the district
31	31	will benefit from the works and projects accomplished by the
32	32	district under the powers conferred by Section 59, Article XVI,
33	33	Texas Constitution.
34	34	Sec. 8871.004. INITIAL DISTRICT TERRITORY. (a) The
35	35	district is initially composed of the territory described by
36	36	Section 2 of the Act creating this chapter.
37	37	(b) The boundaries and field notes contained in Section 2 of
38	38	the Act creating this chapter form a closure. A mistake made in the
39	39	field notes or in copying the field notes in the legislative process
40	40	does not affect the district's:
41	41	(1) organization, existence, or validity;
42	42	(2) right to issue any type of bond for the purposes
43	43	for which the district is created or to pay the principal of and
44	44	interest on a bond;
45	45	(3) right to impose a tax; or
46	46	(4) legality or operation.
47	47	Sec. 8871.005. CONFLICTS OF LAW. To the extent of any
48	48	conflict, this chapter or a rule adopted under this chapter
49	49	prevails over an ordinance or order of Travis County.
50	50	SUBCHAPTER A-1. TEMPORARY PROVISIONS
51	51	Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS;
52	52	VACANCIES; TERMS. (a) Five temporary directors shall be appointed
53	53	not later than the 90th day after the effective date of the Act
54	54	creating this chapter as follows:
55	55	(1) the county judge of Travis County shall appoint
56	56	two temporary directors;
57	57	(2) the county commissioner for the county
58	58	commissioners precinct in which the district is located shall
59	59	appoint one temporary director;
60	60	(3) the state representative who represents the house
61	61	district in which the district is located shall appoint one
62	62	temporary director; and
63	63	(4) the state senator who represents the senate
64	64	district in which the district is located shall appoint one
65	65	temporary director.
66	66	(b) If a temporary director fails to qualify for office or a
67	67	vacancy occurs on the temporary board, the remaining temporary
68	68	directors shall appoint a person to fill the vacancy. If at any time
69	69	there are fewer than three temporary directors, the governor shall
70	70	appoint the necessary number of persons to fill all vacancies on the
71	71	board.
72	72	(c) Temporary directors serve until the date initial
73	73	directors are elected at an election held under Section 8871.024.
74	74	Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than
75	75	the 45th day after the date on which the fifth temporary director is
76	76	appointed under Section 8871.021, the temporary directors shall
77	77	hold the organizational meeting of the district.
78	78	(b) The temporary directors shall select from among
79	79	themselves a president, a vice president, and a secretary.
80	80	Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a)
81	81	Except as provided by Subsections (c) and (d) or otherwise by this
82	82	subchapter, the temporary directors of the district have the same
83	83	permitting and general management powers as those granted to
84	84	initial and permanent directors under Chapter 36, Water Code.
85	85	(b) The temporary directors or their designees have the
86	86	authority to enter any public or private property located in the
87	87	district to inspect a water well as provided by Section 36.123,
88	88	Water Code.
89	89	(c) Except as provided by Section 8871.024, the temporary
90	90	directors do not have the authority granted by the following
91	91	provisions of Chapter 36, Water Code:
92	92	(1) Sections 36.017, 36.019, 36.020, and 36.059;
93	93	(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
94	94	36.108;
95	95	(3) Sections 36.171-36.181;
96	96	(4) Sections 36.201-36.204; and
97	97	(5) Subchapters J and K.
98	98	(d) The temporary directors may regulate the transfer of
99	99	groundwater out of the district as provided by Section 36.122,
100	100	Water Code, but may not prohibit the transfer of groundwater out of
101	101	the district.
102	102	Sec. 8871.024. INITIAL DIRECTORS' ELECTION. (a) The
103	103	temporary directors shall order an election to be held in the
104	104	district to elect the initial directors.
105	105	(b) At the initial directors' election, the temporary board
106	106	shall have placed on the ballot the names of the candidates for each
107	107	of the five positions on the board. To be eligible to be a candidate
108	108	for a position as a director, a person must reside in the district.
109	109	(c) Section 41.001(a), Election Code, applies to an
110	110	election held under this section.
111	111	(d) Except as provided by this section, the initial
112	112	directors' election must be conducted as provided by the Election
113	113	Code and Sections 36.017(b)-(h), Water Code.
114	114	Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after the
115	115	election has been held under Section 8871.024 and the votes have
116	116	been canvassed, the temporary directors shall:
117	117	(1) declare for each board position the person who
118	118	receives the most votes for that position to be elected as the
119	119	initial director for that position; and
120	120	(2) include the results of the initial directors'
121	121	election in the district's election report to the Texas Commission
122	122	on Environmental Quality.
123	123	(b) The initial directors elected to positions 1 and 3 serve
124	124	terms expiring June 1 of the first odd-numbered year after the date
125	125	of the election, and the initial directors elected to positions 2,
126	126	4, and 5 serve terms expiring June 1 of the second odd-numbered year
127	127	after the date of the election.
128	128	Sec. 8871.026. EXPIRATION OF SUBCHAPTER. This subchapter
129	129	expires September 1, 2019.
130	130	SUBCHAPTER B. BOARD OF DIRECTORS
131	131	Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is
132	132	governed by a board of five directors elected at large.
133	133	(b) Directors serve staggered four-year terms, with two or
134	134	three directors' terms expiring June 1 of each odd-numbered year.
135	135	Sec. 8871.052. ELECTION DATE. The district shall hold an
136	136	election to elect the appropriate number of directors on the
137	137	uniform election date prescribed by Section 41.001, Election Code,
138	138	in May of each odd-numbered year.
139	139	SUBCHAPTER C. POWERS AND DUTIES
140	140	Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS
141	141	AND DUTIES. Except as otherwise provided by this chapter, the
142	142	district has the powers and duties provided by the general law of
143	143	this state, including Chapter 36, Water Code, applicable to
144	144	groundwater conservation districts created under Section 59,
145	145	Article XVI, Texas Constitution.
146	146	SECTION 2. (a) Except as provided by Subsection (b), the
147	147	Western Travis County Groundwater Conservation District initially
148	148	includes all the territory contained in the following area:
149	149	Beginning at the point of intersection of the current western
150	150	boundary of the Barton Springs-Edwards Aquifer Conservation
151	151	District and the Colorado River, then following westerly along the
152	152	southern border of the Colorado River and Lake Travis to the western
153	153	Travis County Boundary, then proceeding south along the western
154	154	Travis County Boundary to the intersection of the Travis County
155	155	boundary and the Hays County boundary, then south east along the
156	156	southern Travis County boundary to the current western boundary of
157	157	the Barton Springs Edwards Aquifer Conservation District; then
158	158	north-east along the western boundary of the Barton Springs-Edwards
159	159	Aquifer Conservation District, the point of beginning.
160	160	(b) The territory of the Western Travis County Groundwater
161	161	Conservation District does not include any territory that on the
162	162	effective date of this Act is in the corporate limits or
163	163	extraterritorial jurisdiction of:
164	164	(1) the City of Bee Cave;
165	165	(2) the City of Lakeway;
166	166	(3) the City of West Lake Hills; or
167	167	(4) the Village of the Hills.
168	168	SECTION 3. (a) The legal notice of the intention to
169	169	introduce this Act, setting forth the general substance of this
170	170	Act, has been published as provided by law, and the notice and a
171	171	copy of this Act have been furnished to all persons, agencies,
172	172	officials, or entities to which they are required to be furnished
173	173	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
174	174	Government Code.
175	175	(b) The governor, one of the required recipients, has
176	176	submitted the notice and Act to the Texas Commission on
177	177	Environmental Quality.
178	178	(c) The Texas Commission on Environmental Quality has filed
179	179	its recommendations relating to this Act with the governor, the
180	180	lieutenant governor, and the speaker of the house of
181	181	representatives within the required time.
182	182	(d) All requirements of the constitution and laws of this
183	183	state and the rules and procedures of the legislature with respect
184	184	to the notice, introduction, and passage of this Act are fulfilled
185	185	and accomplished.
186	186	SECTION 4. (a) Any eminent domain powers granted by general
187	187	law that apply to the Western Travis County Groundwater
188	188	Conservation District, as created by this Act, take effect only if
189	189	this Act receives a two-thirds vote of all the members elected to
190	190	each house.
191	191	(b) If this Act does not receive a two-thirds vote of all the
192	192	members elected to each house, Subchapter C, Chapter 8871, Special
193	193	District Local Laws Code, as added by this Act, is amended by adding
194	194	Section 8871.102 to read as follows:
195	195	Sec. 8871.102. NO EMINENT DOMAIN POWER. The district may
196	196	not exercise the power of eminent domain.
197	197	(c) This section is not intended to be an expression of a
198	198	legislative interpretation of the requirements of Section 17(c),
199	199	Article I, Texas Constitution.
200	200	SECTION 5. This Act takes effect September 1, 2013.