Texas 2013 - 83rd Regular

Texas House Bill HB3807 Compare Versions

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1	1	83R20603 AED-F
2	2	By: Zerwas, Reynolds, Miller of Fort Bend, H.B. No. 3807
3	3	Stephenson
4	4	Substitute the following for H.B. No. 3807:
5	5	By: Bonnen of Brazoria C.S.H.B. No. 3807
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the Fort Bend Subsidence District.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 8834.001, Special District Local Laws
13	13	Code, is amended by amending Subdivision (1) and adding
14	14	Subdivisions (1-a), (4-a), (5-a), (5-b), (5-c), (7-a), and (8-a) to
15	15	read as follows:
16	16	(1) "Agricultural crop":
17	17	(A) means food or fiber commodities that are
18	18	grown for resale or commercial purposes and that are to be used for
19	19	food, clothing, or animal feed; and
20	20	(B) includes nursery products and florist items
21	21	that are in the possession of a nursery grower.
22	22	(1-a) "Beneficial use" means any use that is useful or
23	23	beneficial to the user, including:
24	24	(A) an agricultural, gardening, domestic, stock
25	25	raising, municipal, mining, manufacturing, industrial, commercial,
26	26	or recreational use, or a use for pleasure purposes; or
27	27	(B) exploring for, producing, handling, or
28	28	treating oil, gas, sulfur, or other minerals.
29	29	(4-a) "Florist item" means a cut flower, a potted
30	30	plant, a blooming plant, an inside foliage plant, a bedding plant, a
31	31	corsage flower, cut foliage, a floral decoration, or live
32	32	decorative material.
33	33	(5-a) "Nursery grower" means a person who grows in any
34	34	medium more than 50 percent of the nursery products or florist items
35	35	that the person sells or leases. A person grows a nursery product
36	36	or florist item if the person cultivates or propagates the product
37	37	or item by engaging in activities associated with the production or
38	38	multiplying of stock, including the development of new plants from
39	39	cuttings, grafts, plugs, or seedlings. The term does not include a
40	40	person who merely holds or maintains a nursery product or florist
41	41	item before sale or lease.
42	42	(5-b) "Nursery product" includes a tree, shrub, vine,
43	43	cutting, graft, scion, grass, bulb, or bud that is grown or kept
44	44	for, or capable of, propagation and distribution for sale or lease.
45	45	(5-c) "Regional water supplier" means a political
46	46	subdivision of this state that has:
47	47	(A) the authority to conserve, store, transport,
48	48	treat, distribute, sell, and deliver water to any person; and
49	49	(B) an approved groundwater reduction plan.
50	50	(7-a) "Water conservation" means a measure that seeks
51	51	to make a water supply available for alternative or future use. The
52	52	term includes best management practices, improved efficiency or
53	53	accountability, recycling, reuse, pollution prevention, and
54	54	reduction in consumption, loss, or waste.
55	55	(8-a) "Well owner" means a person who has an ownership
56	56	interest in a well, operates a well, owns land on which a well is
57	57	located, or owns the water withdrawn or to be withdrawn from a well.
58	58	SECTION 2. Section 8834.006, Special District Local Laws
59	59	Code, is amended to read as follows:
60	60	Sec. 8834.006. CERTAIN OTHER STATUTES INAPPLICABLE. (a)
61	61	Other laws governing the administration or operation of a
62	62	conservation and reclamation district created under Section 52,
63	63	Article III, or Section 59, Article XVI, Texas Constitution,
64	64	including Chapters 36 and 49, Water Code, do not apply to the
65	65	district.
66	66	(b) Notwithstanding Section 36.052, Water Code, this
67	67	chapter prevails over any other law in conflict or inconsistent
68	68	with this chapter.
69	69	SECTION 3. Section 8834.055, Special District Local Laws
70	70	Code, is amended by amending Subsections (a) and (c) and adding
71	71	Subsection (d) to read as follows:
72	72	(a) Each year, at the first meeting after the new directors
73	73	take office, the directors shall select a chair [president], a vice
74	74	chair [president], and a secretary.
75	75	(c) The chair [president] shall preside over meetings of the
76	76	board. If the chair [president] is not present, the vice chair
77	77	[president] shall preside.
78	78	(d) The secretary shall ensure that all records and books of
79	79	the district are properly kept and attest to the chair's signature
80	80	on all documents. The board may authorize another director, the
81	81	general manager, or any employee or contractor to execute documents
82	82	on behalf of the district and to certify the authenticity of any
83	83	record of the district.
84	84	SECTION 4. Section 8834.056, Special District Local Laws
85	85	Code, is amended to read as follows:
86	86	Sec. 8834.056. MEETINGS. (a) The board shall hold [one]
87	87	regular meetings [meeting each month] at a time set by the board.
88	88	(b) The board may hold a special meeting at the call of the
89	89	chair [president] or on the written request of at least three
90	90	directors.
91	91	SECTION 5. Section 8834.057(b), Special District Local Laws
92	92	Code, is amended to read as follows:
93	93	(b) A meeting of a committee of the board is not subject to
94	94	Chapter 551, Government Code, if less than a quorum of the board is
95	95	present at the meeting.
96	96	SECTION 6. Section 8834.104(a), Special District Local Laws
97	97	Code, is amended to read as follows:
98	98	(a) The [Before March 31 of each year, the] board shall hold
99	99	an annual [a] hearing to determine the effects during the preceding
100	100	calendar year of groundwater withdrawal on subsidence in the
101	101	district.
102	102	SECTION 7. Section 8834.115, Special District Local Laws
103	103	Code, is amended to read as follows:
104	104	Sec. 8834.115. NOTICE OF HEARINGS. (a) Not later than the
105	105	10th day before the date set for a hearing other than a permit
106	106	application hearing, the district shall deliver or mail notice of
107	107	the hearing to:
108	108	(1) each county, regional water supplier, and
109	109	municipal government in the district; and
110	110	(2) each person that the board considers to have an
111	111	interest in the subject matter of the hearing.
112	112	(b) Not later than the 10th day before the date set for a
113	113	hearing, the district shall:
114	114	(1) publish notice of the hearing once in a newspaper
115	115	of general circulation in each county in the district; and
116	116	(2) provide a copy of the [post] notice of the hearing
117	117	to the county clerk to be posted at the county courthouse of each
118	118	county in the district in the place where notices are usually
119	119	posted.
120	120	SECTION 8. Subchapter D, Chapter 8834, Special District
121	121	Local Laws Code, is amended by adding Section 8834.158 to read as
122	122	follows:
123	123	Sec. 8834.158. INVESTMENT OFFICER. (a) Notwithstanding
124	124	Section 2256.005(f), Government Code, the board may contract with a
125	125	person to act as investment officer of the district.
126	126	(b) The investment officer shall:
127	127	(1) not later than the first anniversary of the date
128	128	the officer takes office or assumes the officer's duties, attend a
129	129	training session of at least six hours of instruction relating to
130	130	investment responsibilities under Chapter 2256, Government Code;
131	131	and
132	132	(2) attend at least four hours of additional
133	133	investment training within each two-year period after the first
134	134	year.
135	135	(c) Training under this section must be from an independent
136	136	source approved by:
137	137	(1) the board; or
138	138	(2) a designated investment committee advising the
139	139	investment officer.
140	140	(d) Training under this section must include education in
141	141	investment controls, security risks, strategy risks, market risks,
142	142	diversification of investment portfolio, and compliance with
143	143	Chapter 2256, Government Code.
144	144	SECTION 9. Section 8834.201, Special District Local Laws
145	145	Code, is amended to read as follows:
146	146	Sec. 8834.201. GROUNDWATER WITHDRAWALS SUBJECT TO BOARD
147	147	RULE. (a) Groundwater withdrawals governed by this chapter,
148	148	including withdrawals of injected water, are subject to reasonable
149	149	board rules and orders.
150	150	(b) The board may issue permits to drill new wells and by
151	151	rule may provide exemptions from the permit requirements. The
152	152	district shall grant a permit to drill and operate a new well inside
153	153	a platted subdivision if water service from a retail public utility
154	154	is not available to the lot where the well is to be located.
155	155	(c) In this section, "retail public utility" has the meaning
156	156	assigned by Section 13.002, Water Code.
157	157	SECTION 10. Section 8834.202, Special District Local Laws
158	158	Code, is amended to read as follows:
159	159	Sec. 8834.202. CERTAIN GROUNDWATER USES [WELLS] EXEMPT.
160	160	The permit requirements of this [This] chapter do [does] not apply
161	161	to:
162	162	(1) a well regulated under Chapter 27, Water Code;
163	163	(2) a well that:
164	164	(A) has a casing with an inside diameter of not
165	165	more than five inches; and
166	166	(B) serves only a single-family dwelling; or
167	167	(3) a shallow well that:
168	168	(A) is not used to provide water for:
169	169	(i) human consumption;
170	170	(ii) agriculture;
171	171	(iii) manufacturing or industry; or
172	172	(iv) water injection; and
173	173	(B) withdraws water solely:
174	174	(i) to prevent hazardous sand boils,
175	175	dewater surface construction sites, or relieve hydrostatic uplift
176	176	on permanent structures;
177	177	(ii) for groundwater quality analysis and
178	178	for monitoring migration of subsurface contaminants or pollution;
179	179	or
180	180	(iii) for recovery of contamination or
181	181	pollution.
182	182	SECTION 11. Sections 8834.206(a) and (c), Special District
183	183	Local Laws Code, are amended to read as follows:
184	184	(a) A well [The] owner [of a well located in the district]
185	185	must obtain a permit from the board before:
186	186	(1) drilling, equipping, or completing the well;
187	187	(2) substantially altering the size of the well or a
188	188	well pump; or
189	189	(3) operating the well.
190	190	(c) A well [An] owner [or operator] commits a violation if
191	191	the well owner [or operator] does not obtain a permit as required by
192	192	Subsection (a). A violation occurs on the first day the drilling,
193	193	equipping, completing, altering, or operation begins. Each day
194	194	that a violation continues is a separate violation.
195	195	SECTION 12. Section 8834.209(c), Special District Local
196	196	Laws Code, is amended to read as follows:
197	197	(c) The board shall issue a permit to an applicant if the
198	198	board finds on sufficient evidence that:
199	199	(1) there is no other adequate and available
200	200	substitute or supplemental source of alternative [surface] water
201	201	supplies at prices competitive with the prices charged by suppliers
202	202	of alternative [surface] water supplies in the district; and
203	203	(2) compliance with any provision of this chapter or
204	204	any district rule will result in an arbitrary taking of property or
205	205	in the practical closing and elimination of any lawful business,
206	206	occupation, or activity without sufficient corresponding benefit
207	207	or advantage to the public.
208	208	SECTION 13. Section 8834.214, Special District Local Laws
209	209	Code, is amended to read as follows:
210	210	Sec. 8834.214. ANNUAL REPORT. (a) Before January 31 each
211	211	year, a well owner who is required to hold [holds] a permit under
212	212	this chapter shall submit to the board a report stating:
213	213	(1) the well owner's name;
214	214	(2) the location of the well;
215	215	(3) the total amount of groundwater withdrawn from the
216	216	well during the preceding calendar year [12-month period];
217	217	(4) the total amount of groundwater withdrawn from the
218	218	well during each month of the preceding calendar year [12-month
219	219	period];
220	220	(5) the purpose for which the groundwater was used;
221	221	and
222	222	(6) any other information required by the board that
223	223	the board considers necessary for the board to control and prevent
224	224	subsidence in the district.
225	225	(b) A well owner whose well is aggregated with other wells
226	226	permitted and managed by a regional water supplier shall file the
227	227	report required by Subsection (a) with the regional water supplier
228	228	instead of the district. A regional water supplier shall submit to
229	229	the board the report required by Subsection (a) for all wells owned,
230	230	managed, or permitted by that supplier not later than March 31 of
231	231	each year.
232	232	SECTION 14. A person who is an investment officer for the
233	233	Fort Bend Subsidence District and who holds that office on the
234	234	effective date of this Act must attend the training required by
235	235	Section 8834.158(b)(1), Special District Local Laws Code, as added
236	236	by this Act, not later than the first anniversary of the effective
237	237	date of this Act unless that person has already taken the training
238	238	in the 12 months preceding that effective date.
239	239	SECTION 15. This Act takes effect immediately if it
240	240	receives a vote of two-thirds of all the members elected to each
241	241	house, as provided by Section 39, Article III, Texas Constitution.
242	242	If this Act does not receive the vote necessary for immediate
243	243	effect, this Act takes effect September 1, 2013.