Texas 2013 - 83rd Regular

Texas House Bill HB3880 Compare Versions

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1	1	83R19547 PMO-F
2	2	By: Paddie, Ashby H.B. No. 3880
3	3	Substitute the following for H.B. No. 3880:
4	4	By: Stickland C.S.H.B. No. 3880
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Deep East Texas Groundwater
10	10	Conservation District; providing authority to issue bonds;
11	11	providing authority to impose assessments, fees, and taxes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle H, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 8873 to read as follows:
15	15	CHAPTER 8873. DEEP EAST TEXAS GROUNDWATER CONSERVATION DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8873.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the board of directors of the
19	19	district.
20	20	(2) "Director" means a member of the board.
21	21	(3) "District" means the Deep East Texas Groundwater
22	22	Conservation District.
23	23	Sec. 8873.002. NATURE OF DISTRICT; FINDINGS. (a) The
24	24	district is a groundwater conservation district in Sabine, San
25	25	Augustine, and Shelby Counties created under and essential to
26	26	accomplish the purposes of Section 59, Article XVI, Texas
27	27	Constitution.
28	28	(b) The district is created to serve a public use and
29	29	benefit.
30	30	(c) All of the land and other property included within the
31	31	boundaries of the district will be benefited by the works and
32	32	projects that are to be accomplished by the district under powers
33	33	conferred by this chapter and by Chapter 36, Water Code.
34	34	Sec. 8873.003. CONFIRMATION ELECTION REQUIRED. If the
35	35	creation of the district is not confirmed at a confirmation
36	36	election held under Section 8873.023 before September 1, 2015:
37	37	(1) the district is dissolved on September 1, 2015,
38	38	except that:
39	39	(A) any debts incurred shall be paid;
40	40	(B) any assets that remain after the payment of
41	41	debts shall be transferred to each county in proportion to the
42	42	contribution of money made; and
43	43	(C) the organization of the district shall be
44	44	maintained until all debts are paid and remaining assets are
45	45	transferred; and
46	46	(2) this chapter expires September 1, 2017.
47	47	Sec. 8873.004. INITIAL DISTRICT TERRITORY. (a) Except as
48	48	provided by Subsections (b) and (c), the initial boundaries of the
49	49	district are coextensive with the boundaries of Sabine, San
50	50	Augustine, and Shelby Counties.
51	51	(b) If the creation of the district is not confirmed by the
52	52	voters of a county at an election held under Section 8873.023, that
53	53	county is not included in the district.
54	54	(c) If a majority of the voters of the City of Center do not
55	55	vote at an election under Section 8873.024 in favor of the inclusion
56	56	in the district of the territory of the city, as that territory
57	57	exists on the date of the election, the territory of the City of
58	58	Center is not included in the district.
59	59	Sec. 8873.005. ADDITION OF ADJACENT COUNTY TO DISTRICT.
60	60	(a) An adjacent county may petition to join the district by
61	61	resolution of the county commissioners court.
62	62	(b) If, after a hearing on the resolution, the board finds
63	63	that the addition of the county would benefit the district and the
64	64	county to be added, the board by resolution may approve the addition
65	65	of the county to the district.
66	66	(c) The addition of a county under this section is not final
67	67	until approved by the voters in the county to be added at an
68	68	election held for that purpose.
69	69	(d) The ballot for the election shall be printed to permit
70	70	voting for or against the proposition: "The addition of (county's
71	71	name) to the Deep East Texas Groundwater Conservation District."
72	72	(e) If a majority of the votes are cast in favor of the
73	73	addition of the county to the district, the county is added to the
74	74	district, and the district boundaries are adjusted accordingly. If
75	75	less than a majority of the votes are cast in favor of the addition
76	76	of the county to the district, the county is not added to the
77	77	district.
78	78	Sec. 8873.006. LANDOWNERS' RIGHTS. The rights of
79	79	landowners and their lessees and assigns in groundwater in the
80	80	district are recognized. Nothing in this chapter shall be
81	81	construed to deprive or divest the owners or their lessees and
82	82	assigns of their rights, subject to district rules.
83	83	Sec. 8873.007. REVIEW OF RESOLUTION REQUESTING
84	84	LEGISLATION. The board may not vote on a resolution requesting the
85	85	legislature to amend this chapter unless the board first submits
86	86	for review a copy of the proposed resolution to the commissioners
87	87	court of each county included in the district.
88	88	SUBCHAPTER A-1. TEMPORARY PROVISIONS
89	89	Sec. 8873.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
90	90	The district is initially governed by a board of seven temporary
91	91	directors appointed as provided by Section 8873.051(b).
92	92	(b) Temporary directors shall be appointed not later than
93	93	the 90th day after the effective date of the Act enacting this
94	94	chapter. If after the 90th day fewer than seven temporary directors
95	95	have been appointed, each unfilled position shall be considered a
96	96	vacancy and filled in accordance with Subsection (c).
97	97	(c) If a vacancy occurs on the temporary board, the
98	98	remaining temporary directors shall appoint a person to fill the
99	99	vacancy in a manner that meets the representational requirements of
100	100	Section 8873.051(b).
101	101	(d) Each temporary director must qualify to serve as a
102	102	director in the manner provided by Section 36.055, Water Code.
103	103	(e) Temporary directors serve until the earlier of:
104	104	(1) the time the temporary directors become the
105	105	initial permanent directors under Section 8873.025; or
106	106	(2) the date this chapter expires under Section
107	107	8873.003.
108	108	Sec. 8873.022. ORGANIZATIONAL MEETING OF TEMPORARY
109	109	DIRECTORS. As soon as practicable after all the temporary
110	110	directors have qualified under Section 36.055, Water Code, a
111	111	majority of the temporary directors shall convene the
112	112	organizational meeting of the district at a location in the
113	113	district agreeable to a majority of the directors.
114	114	Sec. 8873.023. CONFIRMATION ELECTION. (a) The temporary
115	115	directors shall hold an election on the same date in Sabine, San
116	116	Augustine, and Shelby Counties and in the City of Center to confirm
117	117	the creation of the district.
118	118	(b) Except as provided by this section, an election under
119	119	this section must be conducted as provided by Sections
120	120	36.017(b)-(i), Water Code, and the Election Code. Sections
121	121	36.017(d) and (h), Water Code, do not apply to an election under
122	122	this section.
123	123	(c) The ballot for the election must be printed to provide
124	124	for voting for or against the proposition: "The creation of the Deep
125	125	East Texas Groundwater Conservation District and the levy of an ad
126	126	valorem tax in the district at a rate not to exceed five cents for
127	127	each $100 of assessed valuation."
128	128	(d) If the proposition receives a favorable vote of a
129	129	majority of the voters voting in the election in two or more
130	130	counties, the creation of the district is confirmed.
131	131	(e) If the proposition receives a favorable vote of a
132	132	majority of the voters voting in the election in only one county,
133	133	the creation of the district is not confirmed unless the
134	134	commissioners court of that county votes to confirm the creation of
135	135	the district. The commissioners court must:
136	136	(1) hold two public hearings on the matter before
137	137	voting on the matter; and
138	138	(2) vote to confirm the creation of the district not
139	139	later than the 60th day after the date of the election.
140	140	Sec. 8873.024. MUNICIPAL ELECTION. (a) Notwithstanding
141	141	Section 36.018, Water Code, a separate voting district shall be
142	142	established in the City of Center to determine whether the
143	143	municipality is to be included in the district.
144	144	(b) The territory in the City of Center shall be included in
145	145	the district only if a majority of the voters in the municipal
146	146	territory of the City of Center vote in favor of the municipality's
147	147	inclusion in the district.
148	148	Sec. 8873.025. INITIAL PERMANENT DIRECTORS; INITIAL TERMS.
149	149	(a) If the creation of the district is confirmed under Section
150	150	8873.023, the temporary directors from the counties that are
151	151	included in the district become the district's initial permanent
152	152	directors.
153	153	(b) If the voters of Sabine, San Augustine, and Shelby
154	154	Counties confirm the creation of the district at an election held
155	155	under Section 8873.023:
156	156	(1) the two directors appointed from each county shall
157	157	draw lots to determine which director serves an initial term
158	158	expiring December 31, 2015, and which director serves an initial
159	159	term expiring December 31, 2017; and
160	160	(2) the jointly appointed director serves an initial
161	161	term expiring December 31, 2017.
162	162	(c) If the voters of only two of the counties confirm the
163	163	creation of the district:
164	164	(1) the two directors appointed by the county judge of
165	165	the county that does not confirm the creation of the district and
166	166	the director jointly appointed by the county judges of all three
167	167	counties are no longer eligible to serve as directors and their
168	168	terms expire;
169	169	(2) the two directors appointed from each confirming
170	170	county shall draw lots to determine which director serves an
171	171	initial term expiring December 31, 2015, and which director serves
172	172	an initial term expiring December 31, 2017; and
173	173	(3) the county judges of the confirming counties shall
174	174	jointly appoint a director as provided by Section 8873.051(c), who
175	175	serves an initial term expiring December 31, 2017.
176	176	(d) If the voters and the commissioners court of one county
177	177	confirm the creation of the district:
178	178	(1) the four directors appointed by the county judges
179	179	of the two counties that do not confirm the creation of the district
180	180	and the director jointly appointed by the county judges of all three
181	181	counties are no longer eligible to serve as director and their terms
182	182	expire;
183	183	(2) the two directors appointed from the confirming
184	184	county shall draw lots to determine which director serves an
185	185	initial term expiring December 31, 2015, and which director serves
186	186	an initial term expiring December 31, 2017; and
187	187	(3) the county judge of the confirming county:
188	188	(A) shall appoint one initial director with a
189	189	term expiring December 31, 2017, as board chair; and
190	190	(B) may appoint two additional initial directors
191	191	who are residents of that county and who, if appointed, shall draw
192	192	lots to determine which director serves an initial term expiring
193	193	December 31, 2015, and which director serves an initial term
194	194	expiring December 31, 2017.
195	195	Sec. 8873.026. EXPIRATION OF SUBCHAPTER. This subchapter
196	196	expires September 1, 2016.
197	197	SUBCHAPTER B. BOARD OF DIRECTORS
198	198	Sec. 8873.051. GOVERNING BODY; TERMS. (a) The district is
199	199	governed by a board of seven, five, or three directors appointed as
200	200	provided by this section.
201	201	(b) If the voters in Sabine, San Augustine, and Shelby
202	202	Counties confirm the creation of the district, seven directors
203	203	shall be appointed as follows:
204	204	(1) the county judge of each confirming county shall
205	205	appoint two directors who are residents of that county; and
206	206	(2) the county judges of the confirming counties shall
207	207	by majority vote jointly appoint one director, who shall serve as
208	208	board chair, from the district at large.
209	209	(c) If the voters in only two of the counties confirm the
210	210	creation of the district, five directors shall be appointed as
211	211	follows:
212	212	(1) the county judge of each confirming county shall
213	213	appoint two directors who are residents of that county; and
214	214	(2) the county judges of the confirming counties shall
215	215	jointly appoint one director, who shall serve as board chair, from
216	216	the district at large.
217	217	(d) Notwithstanding Section 36.051(a), Water Code, if the
218	218	voters and the commissioners court of only one county confirm the
219	219	creation of the district, the county judge of that county:
220	220	(1) shall appoint three directors who are residents of
221	221	that county and designate one of those directors as board chair; and
222	222	(2) may appoint two directors, in addition to the
223	223	three directors appointed under Subdivision (1), who are residents
224	224	of that county.
225	225	(e) Directors serve staggered four-year terms, with as near
226	226	as possible to one-half of the directors' terms expiring December
227	227	31 of each odd-numbered year.
228	228	(f) A director may not serve more than two terms.
229	229	Sec. 8873.052. CHANGE IN COMPOSITION; ADDITIONAL COUNTY.
230	230	If a county is added to the district, the board may change the
231	231	number of directors so that:
232	232	(1) an equal number of directors are appointed by the
233	233	county judge of each county in the district;
234	234	(2) one director is appointed jointly by the county
235	235	judges of each county in the district; and
236	236	(3) the board is composed of an odd number of
237	237	directors.
238	238	Sec. 8873.053. QUALIFICATION OF DIRECTORS. Each director
239	239	must qualify to serve as a director in the manner provided by
240	240	Section 36.055, Water Code.
241	241	Sec. 8873.054. VACANCIES. If a vacancy occurs on the board,
242	242	the appointing county judge or, if applicable, the appointing
243	243	county judges for the vacant position shall appoint a person to fill
244	244	the vacancy in a manner that meets the representational
245	245	requirements of Section 8873.051. Section 36.051(c), Water Code,
246	246	does not apply to the district.
247	247	Sec. 8873.055. COMPENSATION; REIMBURSEMENT. (a)
248	248	Notwithstanding Sections 36.060(a) and (d), Water Code, a director
249	249	may not receive compensation for performing the duties of director.
250	250	(b) A director is entitled to reimbursement of actual
251	251	expenses reasonably and necessarily incurred while engaging in
252	252	activities on behalf of the district.
253	253	SUBCHAPTER C. POWERS AND DUTIES
254	254	Sec. 8873.101. GROUNDWATER CONSERVATION DISTRICT POWERS
255	255	AND DUTIES. Except as provided by this chapter, the district has
256	256	the powers and duties provided by the general law of this state,
257	257	including Chapter 36, Water Code, applicable to groundwater
258	258	conservation districts created under Section 59, Article XVI, Texas
259	259	Constitution.
260	260	Sec. 8873.102. PERMIT TO TRANSFER GROUNDWATER. (a) The
261	261	board by rule may:
262	262	(1) require a person to obtain a permit from the
263	263	district to transfer groundwater out of the district; and
264	264	(2) regulate the terms of a transfer of groundwater
265	265	out of the district.
266	266	(b) A rule adopted by the board under this section must be
267	267	consistent with the requirements of Section 36.122, Water Code.
268	268	Sec. 8873.103. PROHIBITION ON DISTRICT PURCHASE OF
269	269	GROUNDWATER RIGHTS. The district may not purchase groundwater
270	270	rights for any purpose.
271	271	Sec. 8873.104. PROHIBITION ON DISTRICT PRODUCTION OF
272	272	GROUNDWATER FOR PURPOSE OF SALE. The district may not produce
273	273	groundwater for the purpose of sale.
274	274	Sec. 8873.105. PROHIBITION ON DISTRICT METERING OF CERTAIN
275	275	WELLS. The district may not require that a meter be placed on a well
276	276	that is incapable of producing more than 25,000 gallons of
277	277	groundwater per day.
278	278	Sec. 8873.106. PROHIBITION ON DISTRICT USE OF EMINENT
279	279	DOMAIN POWER. The district may not exercise the power of eminent
280	280	domain.
281	281	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
282	282	Sec. 8873.151. LIMITATION ON TAXES. The district may not
283	283	impose ad valorem taxes at a rate that exceeds five cents on each
284	284	$100 valuation of taxable property in the district.
285	285	Sec. 8873.152. PERMIT FEES REFUNDABLE. The district shall
286	286	refund a fee collected by the district that relates to an
287	287	application for or the issuance of a permit if:
288	288	(1) the permit relates to a well that is incapable of
289	289	producing more than 25,000 gallons of groundwater per day; and
290	290	(2) the applicant for the permit has complied with the
291	291	applicable law and district rules relating to the issuance of the
292	292	permit.
293	293	SECTION 2. (a) The legal notice of the intention to
294	294	introduce this Act, setting forth the general substance of this
295	295	Act, has been published as provided by law, and the notice and a
296	296	copy of this Act have been furnished to all persons, agencies,
297	297	officials, or entities to which they are required to be furnished
298	298	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
299	299	Government Code.
300	300	(b) The governor, one of the required recipients, has
301	301	submitted the notice and Act to the Texas Commission on
302	302	Environmental Quality.
303	303	(c) The Texas Commission on Environmental Quality has filed
304	304	its recommendations relating to this Act with the governor, the
305	305	lieutenant governor, and the speaker of the house of
306	306	representatives within the required time.
307	307	(d) All requirements of the constitution and laws of this
308	308	state and the rules and procedures of the legislature with respect
309	309	to the notice, introduction, and passage of this Act are fulfilled
310	310	and accomplished.
311	311	SECTION 3. This Act takes effect immediately if it receives
312	312	a vote of two-thirds of all the members elected to each house, as
313	313	provided by Section 39, Article III, Texas Constitution. If this
314	314	Act does not receive the vote necessary for immediate effect, this
315	315	Act takes effect September 1, 2013.