83R22546 SGA-F
By: Workman H.B. No. 2640
Substitute the following for H.B. No. 2640:
By: Miller of Comal C.S.H.B. No. 2640
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Western Travis County Groundwater
Conservation District; providing general law authority to issue
bonds and exercise the power of eminent domain; providing general
law authority to impose assessments, fees, surcharges, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8871 to read as follows:
CHAPTER 8871. WESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8871.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Western Travis County
Groundwater Conservation District.
Sec. 8871.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Travis County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Sec. 8871.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution.
Sec. 8871.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Sec. 8871.005. CONFLICTS OF LAW. To the extent of any
conflict, this chapter or a rule adopted under this chapter
prevails over an ordinance or order of Travis County.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS;
VACANCIES; TERMS. (a) Five temporary directors shall be appointed
not later than the 90th day after the effective date of the Act
creating this chapter as follows:
(1) the county judge of Travis County shall appoint
two temporary directors;
(2) the county commissioner for the county
commissioners precinct in which the district is located shall
appoint one temporary director;
(3) the state representative who represents the house
district in which the district is located shall appoint one
temporary director; and
(4) the state senator who represents the senate
district in which the district is located shall appoint one
temporary director.
(b) If a temporary director fails to qualify for office or a
vacancy occurs on the temporary board, the remaining temporary
directors shall appoint a person to fill the vacancy. If at any time
there are fewer than three temporary directors, the governor shall
appoint the necessary number of persons to fill all vacancies on the
board.
(c) Temporary directors serve until the date initial
directors are elected at an election held under Section 8871.024.
Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than
the 45th day after the date on which the fifth temporary director is
appointed under Section 8871.021, the temporary directors shall
hold the organizational meeting of the district.
(b) The temporary directors shall select from among
themselves a president, a vice president, and a secretary.
Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a)
Except as provided by Subsections (c) and (d) or otherwise by this
subchapter, the temporary directors of the district have the same
permitting and general management powers as those granted to
initial and permanent directors under Chapter 36, Water Code.
(b) The temporary directors or their designees have the
authority to enter any public or private property located in the
district to inspect a water well as provided by Section 36.123,
Water Code.
(c) Except as provided by Section 8871.024, the temporary
directors do not have the authority granted by the following
provisions of Chapter 36, Water Code:
(1) Sections 36.017, 36.019, 36.020, and 36.059;
(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
36.108;
(3) Sections 36.171-36.181;
(4) Sections 36.201-36.204; and
(5) Subchapters J and K.
(d) The temporary directors may regulate the transfer of
groundwater out of the district as provided by Section 36.122,
Water Code, but may not prohibit the transfer of groundwater out of
the district.
Sec. 8871.024. INITIAL DIRECTORS' ELECTION. (a) The
temporary directors shall order an election to be held in the
district to elect the initial directors.
(b) At the initial directors' election, the temporary board
shall have placed on the ballot the names of the candidates for each
of the five positions on the board. To be eligible to be a candidate
for a position as a director, a person must reside in the district.
(c) Section 41.001(a), Election Code, applies to an
election held under this section.
(d) Except as provided by this section, the initial
directors' election must be conducted as provided by the Election
Code and Sections 36.017(b)-(h), Water Code.
Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after the
election has been held under Section 8871.024 and the votes have
been canvassed, the temporary directors shall:
(1) declare for each board position the person who
receives the most votes for that position to be elected as the
initial director for that position; and
(2) include the results of the initial directors'
election in the district's election report to the Texas Commission
on Environmental Quality.
(b) The initial directors elected to positions 1 and 3 serve
terms expiring June 1 of the first odd-numbered year after the date
of the election, and the initial directors elected to positions 2,
4, and 5 serve terms expiring June 1 of the second odd-numbered year
after the date of the election.
Sec. 8871.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2019.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five directors elected at large.
(b) Directors serve staggered four-year terms, with two or
three directors' terms expiring June 1 of each odd-numbered year.
Sec. 8871.052. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date prescribed by Section 41.001, Election Code,
in May of each odd-numbered year.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as otherwise provided by this chapter, the
district has the powers and duties provided by the general law of
this state, including Chapter 36, Water Code, applicable to
groundwater conservation districts created under Section 59,
Article XVI, Texas Constitution.
SECTION 2. (a) Except as provided by Subsection (b), the
Western Travis County Groundwater Conservation District initially
includes all the territory contained in the following area:
Beginning at the point of intersection of the current western
boundary of the Barton Springs-Edwards Aquifer Conservation
District and the Colorado River, then following westerly along the
southern border of the Colorado River and Lake Travis to the western
Travis County Boundary, then proceeding south along the western
Travis County Boundary to the intersection of the Travis County
boundary and the Hays County boundary, then south east along the
southern Travis County boundary to the current western boundary of
the Barton Springs Edwards Aquifer Conservation District; then
north-east along the western boundary of the Barton Springs-Edwards
Aquifer Conservation District, the point of beginning.
(b) The territory of the Western Travis County Groundwater
Conservation District does not include any territory that on the
effective date of this Act is in the corporate limits or
extraterritorial jurisdiction of:
(1) the City of Bee Cave;
(2) the City of Lakeway;
(3) the City of West Lake Hills; or
(4) the Village of the Hills.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Any eminent domain powers granted by general
law that apply to the Western Travis County Groundwater
Conservation District, as created by this Act, take effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8871, Special
District Local Laws Code, as added by this Act, is amended by adding
Section 8871.102 to read as follows:
Sec. 8871.102. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2013.