Texas 2013 - 83rd Regular

Texas House Bill HB3924 Compare Versions

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1	1	By: Miller of Comal H.B. No. 3924
2	2	Substitute the following for H.B. No. 3924:
3	3	By: Keffer C.S.H.B. No. 3924
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the creation of the Comal Trinity Groundwater
9	9	Conservation District; providing authority to issue bonds;
10	10	providing authority to impose assessments, fees, or surcharges.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle H, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8875 to read as follows:
14	14	CHAPTER 8875. COMAL TRINITY GROUNDWATER
15	15	CONSERVATION DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8875.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the board of directors of the
19	19	district.
20	20	(2) "Commission" means the Texas Commission on
21	21	Environmental Quality.
22	22	(3) "Director" means a member of the board.
23	23	(4) "District" means the Comal Trinity Groundwater
24	24	Conservation District.
25	25	(5) "Retail public utility" means a retail public
26	26	utility as defined by Section 13.002, Water Code, that is providing
27	27	service in the district.
28	28	Sec. 8875.002. NATURE OF DISTRICT. The district is a
29	29	groundwater conservation district in Comal County created under and
30	30	essential to accomplish the purposes of Section 59, Article XVI,
31	31	Texas Constitution.
32	32	Sec. 8875.003. CONFIRMATION ELECTION REQUIRED. If the
33	33	creation of the district is not confirmed at a confirmation
34	34	election held before December 31, 2016:
35	35	(1) the district is dissolved on December 31, 2017,
36	36	except that:
37	37	(A) any debts incurred shall be paid;
38	38	(B) any assets that remain after the payment of
39	39	debts shall be transferred to Comal County; and
40	40	(C) the organization of the district shall be
41	41	maintained until all debts are paid and remaining assets are
42	42	transferred; and
43	43	(2) this chapter expires on September 1, 2020.
44	44	Sec. 8875.004. INITIAL DISTRICT TERRITORY. The initial
45	45	boundaries of the district are coextensive with the boundaries of
46	46	Comal County, Texas, except that the district does not include any
47	47	territory that is included in the boundaries of the Trinity Glen
48	48	Rose Groundwater Conservation District.
49	49	Sec. 8875.005. CONFLICTS OF LAW. (a) Except as provided by
50	50	Subsection (b), this chapter prevails over any provision of general
51	51	law, including a provision of Chapter 36, Water Code, that is in
52	52	conflict or is inconsistent with this chapter.
53	53	(b) The following provisions prevail over a provision of
54	54	this chapter that is in conflict or is inconsistent with the
55	55	provision:
56	56	(1) Sections 36.1071-36.108, Water Code;
57	57	(2) Sections 36.159-36.161, Water Code; and
58	58	(3) Subchapter I, Chapter 36, Water Code.
59	59	SUBCHAPTER A-1. TEMPORARY PROVISIONS
60	60	Sec. 8875.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
61	61	The temporary board consists of:
62	62	(1) Velma Reyes-Danielson;
63	63	(2) Jim Bower;
64	64	(3) Larry Alexander;
65	65	(4) John Seidel; and
66	66	(5) Robert E. Johnson, Jr.
67	67	(b) The temporary directors may adopt rules and assess fees
68	68	to manage and operate the district. On the election of the permanent
69	69	directors, the permanent directors shall consider and may approve
70	70	the rules adopted by the temporary directors. A rule that is not
71	71	approved by the permanent directors is not enforceable.
72	72	(c) If there is a vacancy on the temporary board of
73	73	directors of the district, the remaining temporary directors shall
74	74	select a qualified person to fill the vacancy. If, at any time,
75	75	there are fewer than three qualified temporary directors, the Comal
76	76	County Commissioners Court shall appoint the necessary number of
77	77	persons to fill all vacancies on the board.
78	78	(d) Temporary directors or their successors serve until the
79	79	earlier of:
80	80	(1) the time the initial directors are elected as
81	81	provided by Section 8875.025 and have qualified; or
82	82	(2) the date this chapter expires under Section
83	83	8875.003.
84	84	Sec. 8875.022. ORGANIZATIONAL MEETING OF TEMPORARY
85	85	DIRECTORS. As soon as practicable after all the temporary
86	86	directors have qualified under Section 36.055, Water Code, a
87	87	majority of the temporary directors shall convene the
88	88	organizational meeting of the district at a location within the
89	89	district agreeable to a majority of the directors. At the meeting,
90	90	the temporary directors shall elect a chair, vice chair, and
91	91	secretary from among the temporary directors.
92	92	Sec. 8875.023. CONFIRMATION ELECTION. (a) The temporary
93	93	directors shall order an election to be held in the district to
94	94	confirm the creation of the district.
95	95	(b) Section 41.001(a), Election Code, does not apply to an
96	96	election held under this section.
97	97	(c) Except as provided by this section, a confirmation
98	98	election must be conducted as provided by the Election Code and
99	99	Sections 36.017(b)-(h), Water Code.
100	100	(d) If a majority of the votes cast at the election are in
101	101	favor of confirming the district's creation, the temporary
102	102	directors shall declare the district created. If a majority of the
103	103	votes cast are not in favor of confirming the district's creation,
104	104	the district's creation is not confirmed. The temporary directors
105	105	shall file a copy of the election results with the commission.
106	106	(e) If the district's creation is not confirmed at an
107	107	election held under this section, the temporary directors may order
108	108	one or more subsequent elections to be held to confirm the creation
109	109	of the district not earlier than the first anniversary of the
110	110	preceding confirmation election. If the district's creation is not
111	111	confirmed at an election held under this section before December
112	112	31, 2016, the district is dissolved in accordance with Section
113	113	8875.003.
114	114	Sec. 8875.024. CONTINUATION OF TEMPORARY DIRECTORS. (a)
115	115	If the creation of the district is confirmed at an election held
116	116	under Section 8875.023, the temporary directors shall continue to
117	117	serve as temporary directors until the uniform election date
118	118	prescribed by Section 41.001, Election Code, in November of the
119	119	first even-numbered year after the year in which the creation of the
120	120	district is confirmed.
121	121	(b) The term of a temporary director may not exceed four
122	122	years.
123	123	(c) If permanent directors have not been elected under
124	124	Section 8875.025 and the terms of the temporary directors have
125	125	expired, successor temporary directors shall be appointed or
126	126	reappointed as provided by Subsection (d) to serve terms that
127	127	expire on the earlier of:
128	128	(1) the date permanent directors are elected under
129	129	Section 8875.025; or
130	130	(2) the fourth anniversary of the date of the
131	131	appointment or reappointment.
132	132	(d) If Subsection (c) applies, the temporary directors may
133	133	submit a petition to the Comal County Commissioners Court
134	134	requesting that the commissioners court appoint as successor
135	135	temporary directors the five persons named in the petition. The
136	136	commissioners court shall appoint as successor temporary directors
137	137	the five persons named in the petition.
138	138	Sec. 8875.025. INITIAL ELECTION OF PERMANENT DIRECTORS.
139	139	(a) On the uniform election date prescribed by Section 41.001,
140	140	Election Code, in November of the first even-numbered year after
141	141	the year in which the creation of the district is confirmed under
142	142	Section 8875.023, an election shall be held in the district for the
143	143	election of five directors to replace the temporary directors who
144	144	shall serve until that election.
145	145	(b) The initial permanent directors shall draw lots to
146	146	determine which three directors shall serve a four-year term and
147	147	which two directors shall serve a two-year term.
148	148	Sec. 8875.026. EXPIRATION OF SUBCHAPTER. This subchapter
149	149	expires December 31, 2019.
150	150	SUBCHAPTER B. BOARD OF DIRECTORS
151	151	Sec. 8875.051. DIRECTORS; TERMS. (a) The district is
152	152	governed by a board of five directors.
153	153	(b) Directors serve staggered four-year terms.
154	154	Sec. 8875.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
155	155	PRECINCTS. (a) The directors of the district shall be elected
156	156	according to the commissioners precinct method as provided by this
157	157	section.
158	158	(b) One director shall be elected by the voters of the
159	159	entire district, and one director shall be elected from each county
160	160	commissioners precinct by the voters of that precinct.
161	161	(c) Except as provided by Subsection (e), to be eligible to
162	162	be a candidate for or to serve as director at large, a person must be
163	163	a registered voter of the district. To be a candidate for or to
164	164	serve as director from a county commissioners precinct, a person
165	165	must be a registered voter of that precinct.
166	166	(d) A person shall indicate on the application for a place
167	167	on the ballot:
168	168	(1) the precinct that the person seeks to represent;
169	169	or
170	170	(2) that the person seeks to represent the district at
171	171	large.
172	172	(e) When the boundaries of the county commissioners
173	173	precincts are redrawn after each federal decennial census to
174	174	reflect population changes, a director in office on the effective
175	175	date of the change, or a director elected or appointed before the
176	176	effective date of the change whose term of office begins on or after
177	177	the effective date of the change, shall serve in the precinct to
178	178	which elected or appointed even though the change in boundaries
179	179	places the person's residence outside the precinct for which the
180	180	person was elected or appointed.
181	181	(f) After the first election held after the boundaries of
182	182	the county commissioners precincts are redrawn, the directors
183	183	elected shall draw lots to determine which three directors shall
184	184	serve a four-year term and which two directors shall serve a
185	185	two-year term.
186	186	(g) A director may not serve more than two consecutive terms
187	187	and may not serve for a total of more than 12 years.
188	188	Sec. 8875.053. ELECTION DATE. The district shall hold an
189	189	election to elect the appropriate number of directors on the
190	190	uniform election date prescribed by Section 41.001, Election Code,
191	191	in November of each even-numbered year.
192	192	Sec. 8875.054. VACANCIES. A vacancy on the board shall be
193	193	filled by appointment of the board until the next regularly
194	194	scheduled directors' election. The person appointed to fill the
195	195	vacancy shall serve only for the remainder of the unexpired term.
196	196	SUBCHAPTER C. POWERS AND DUTIES
197	197	Sec. 8875.101. GROUNDWATER CONSERVATION DISTRICT POWERS
198	198	AND DUTIES. The district has the rights, powers, privileges,
199	199	functions, and duties provided by the general law of this state,
200	200	including Chapter 36, Water Code, applicable to groundwater
201	201	conservation districts created under Section 59, Article XVI, Texas
202	202	Constitution.
203	203	Sec. 8875.102. CONTRACTS. The district may contract with a
204	204	state agency or political subdivision, including a county, a river
205	205	authority, or another district, to carry out any function of the
206	206	district.
207	207	Sec. 8875.103. BEST MANAGEMENT PRACTICES. (a) The
208	208	district may participate in the development and implementation of
209	209	best management practices for water resource management in the
210	210	district and may engage in and promote the acceptance of best
211	211	management practices through education efforts sponsored by the
212	212	district.
213	213	(b) Development and implementation of best management
214	214	practices must address water quantity and quality practices such as
215	215	brush management, prescribed grazing, recharge structures, water
216	216	and silt detention and retention structures, plugging of abandoned
217	217	wells, rainwater harvesting, and other treatment measures for the
218	218	conservation of water resources.
219	219	(c) The district may not adopt or implement a best
220	220	management practice that is in conflict with or duplicative of a
221	221	best management practice adopted by a groundwater conservation
222	222	district whose territory covers any part of Comal County.
223	223	Sec. 8875.104. LIMITATIONS ON DISTRICT POWERS. (a) The
224	224	district may not:
225	225	(1) require the owner of a well used solely for
226	226	domestic or livestock purposes to install a meter or measuring
227	227	device on the well;
228	228	(2) except as provided by Subdivision (3), and
229	229	notwithstanding Section 36.122, Water Code, allow the sale,
230	230	transport, or export of groundwater produced from a well inside the
231	231	district to a person or location outside the district;
232	232	(3) if the owner of a well with a certificate of public
233	233	convenience and necessity obtains a permit from the district,
234	234	prohibit the sale, transport, or export of groundwater produced
235	235	from a well inside the district to a person located inside the
236	236	territory covered by the well owner's certificate of public
237	237	convenience and necessity; or
238	238	(4) assess and collect a production fee on wells
239	239	exempt from permitting.
240	240	(b) The district does not have the authority granted by
241	241	Sections 36.020 and 36.201-36.204, Water Code, relating to taxes.
242	242	Sec. 8875.105. WELL EXEMPTION. Notwithstanding Section
243	243	36.117(j), Water Code, a well drilled on or before the effective
244	244	date of the Act enacting this chapter, for any purpose authorized
245	245	under this chapter, is exempt from the requirement to obtain a
246	246	withdrawal permit provided that the well:
247	247	(1) is used solely for domestic use or for providing
248	248	water for livestock or poultry regardless of land lot size and is
249	249	drilled, completed, or equipped so that it is incapable of
250	250	producing more than 25,000 gallons of groundwater a day;
251	251	(2) is not capable of producing more than 10,000
252	252	gallons of water a day; or
253	253	(3) is metered and does not produce more than 10
254	254	acre-feet of water in a calendar year.
255	255	Sec. 8875.106. MEASURING DEVICES. (a) The owner of a
256	256	nonexempt well shall install and maintain a water well meter, or
257	257	alternative measuring device or method approved by the district,
258	258	designed to indicate the flow rate and cumulative amount of water
259	259	withdrawn by that well, on each individual well no later than 36
260	260	months after the effective date of the Act enacting this chapter.
261	261	(b) A well owner is responsible for the costs of installing,
262	262	operating, and maintaining measuring devices.
263	263	Sec. 8875.107. NO EMINENT DOMAIN. The district may not
264	264	exercise the power of eminent domain.
265	265	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
266	266	Sec. 8875.151. FEES. (a) The district may impose
267	267	reasonable production fees only on each nonexempt well based on the
268	268	amount of water actually withdrawn from the well. The district
269	269	shall adopt any rules necessary for the assessment and collection
270	270	of fees under this subsection.
271	271	(b) The district may use money collected from fees:
272	272	(1) in any manner necessary for the management and
273	273	operation of the district;
274	274	(2) to pay all or part of the principal of and interest
275	275	on district bonds or notes; and
276	276	(3) for any purpose consistent with the district's
277	277	approved water management plan.
278	278	(c) The production fee may not exceed $30 per acre-foot.
279	279	(d) Not later than two years after the date on which the
280	280	district is confirmed at an election, the directors of the district
281	281	shall reconsider the production fee cap provided by Subsection (c)
282	282	for the sole purpose of determining if decreasing the dollar amount
283	283	of the production fee cap would more accurately reflect actual
284	284	water use and actual expenses related to managing and operating the
285	285	district. The district may set a lower production fee cap if the
286	286	lower cap more accurately reflects the actual water use and actual
287	287	expenses related to managing and operating the district.
288	288	SECTION 2. (a) The legal notice of the intention to
289	289	introduce this Act, setting forth the general substance of this
290	290	Act, has been published as provided by law, and the notice and a
291	291	copy of this Act have been furnished to all persons, agencies,
292	292	officials, or entities to which they are required to be furnished
293	293	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
294	294	Government Code.
295	295	(b) The governor, one of the required recipients, has
296	296	submitted the notice and Act to the Texas Commission on
297	297	Environmental Quality.
298	298	(c) The Texas Commission on Environmental Quality has filed
299	299	its recommendations relating to this Act with the governor, the
300	300	lieutenant governor, and the speaker of the house of
301	301	representatives within the required time.
302	302	(d) All requirements of the constitution and laws of this
303	303	state and the rules and procedures of the legislature with respect
304	304	to the notice, introduction, and passage of this Act are fulfilled
305	305	and accomplished.
306	306	SECTION 3. This Act takes effect immediately if it receives
307	307	a vote of two-thirds of all the members elected to each house, as
308	308	provided by Section 39, Article III, Texas Constitution. If this
309	309	Act does not receive the vote necessary for immediate effect, this
310	310	Act takes effect September 1, 2013.