83R25725 SGA-F
By: Taylor S.B. No. 1031
(Callegari)
Substitute the following for S.B. No. 1031: No.
A BILL TO BE ENTITLED
AN ACT
relating to the Harris-Galveston Subsidence District; providing
authority to impose a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 8801.001, Special District Local Laws
Code, is amended by adding Subdivision (4-c) to read as follows:
(4-c) "Regional water supplier" means a political
subdivision of this state that has:
(A) the authority to conserve, store, treat, and
purify water and to transport, distribute, sell, and deliver water
to any person in this state; and
(B) an approved groundwater reduction plan.
SECTION 2. Subchapter B, Chapter 8801, Special District
Local Laws Code, is amended by adding Section 8801.066 to read as
follows:
Sec. 8801.066. INVESTMENT OFFICER. (a) Notwithstanding
Section 2256.005(f), Government Code, the board may contract with a
person to act as investment officer of the district.
(b) The investment officer shall:
(1) not later than the first anniversary of the date
the officer takes office or assumes the officer's duties, attend a
training session of at least six hours of instruction relating to
investment responsibilities under Chapter 2256, Government Code;
and
(2) attend at least four hours of additional
investment training within each two-year period after the first
year.
(c) Training under this section must be from an independent
source approved by:
(1) the board; or
(2) a designated investment committee advising the
investment officer.
(d) Training under this section must include education in
investment controls, security risks, strategy risks, market risks,
diversification of investment portfolio, and compliance with
Chapter 2256, Government Code.
SECTION 3. Sections 8801.110(c) and (e), Special District
Local Laws Code, are amended to read as follows:
(c) Written notice of a hearing other than a hearing on a
permit application must be given to:
(1) each county, regional water supplier, and
municipal government in the district; and
(2) each person that the board believes has an
interest in the subject matter of the hearing.
(e) A copy of the notice must be provided to each county
clerk to be posted in the place where notices are usually posted at
the county courthouse of each county in the district.
SECTION 4. Section 8801.115, Special District Local Laws
Code, is amended to read as follows:
Sec. 8801.115. STUDIES BY BOARD STAFF. At least once each
year and at any other time the board considers necessary, the board
shall have its staff and, if necessary, the staff of the Texas Water
Development Board make a complete study of the groundwater in the
district and determine:
(1) the water level;
(2) the rates and amounts of groundwater withdrawal;
and
(3) other information relating to groundwater
withdrawal that may affect [effect] subsidence in the district.
SECTION 5. Section 8801.117(a), Special District Local Laws
Code, is amended to read as follows:
(a) The [Not later than March 31 of each year, the] board
shall hold an annual [a] hearing to determine the effects of
groundwater withdrawal during the preceding calendar year on
subsidence in the district.
SECTION 6. Section 8801.151, Special District Local Laws
Code, is amended to read as follows:
Sec. 8801.151. GROUNDWATER WITHDRAWALS SUBJECT TO BOARD
RULE. (a) Groundwater withdrawals governed by this chapter,
including withdrawals of injected water, are subject to reasonable
board rules and orders, taking into account all factors, including
availability of surface water or alternative water supplies,
economic impact on persons and the community, degree and effect of
subsidence on the surface of land, and differing topographical and
geophysical characteristics of land areas in the district.
(b) The board may issue permits to drill new wells and may,
by rule, provide exemptions from the permit requirements. The
district shall grant a permit to drill and operate a new well inside
a platted subdivision if water service from a local retail public
utility is not available to the lot where the well is to be located.
(c) In this section, "retail public utility" has the meaning
assigned by Section 13.002, Water Code.
SECTION 7. Section 8801.152, Special District Local Laws
Code, is amended to read as follows:
Sec. 8801.152. CERTAIN GROUNDWATER USES [WELLS] EXEMPT.
The permit requirements [regulatory provisions] of this chapter do
not apply to:
(1) a well regulated under Chapter 27, Water Code;
(2) a well with a casing diameter of less than five
inches that serves only a single-family dwelling; and
(3) any other well as provided by board rule.
SECTION 8. Sections 8801.155(a) and (c), Special District
Local Laws Code, are amended to read as follows:
(a) A [The owner or operator of a] well owner [located in the
district] must obtain a permit from the board before:
(1) drilling, equipping, or completing the well;
(2) substantially altering the size of the well or a
well pump; or
(3) operating the well.
(c) A well [An] owner [or operator] commits a violation if
the well owner [or operator] does not obtain a permit as required by
Subsection (a). A violation occurs on the first day the drilling,
alteration, or operation begins. Each day that a violation
continues is a separate violation.
SECTION 9. Section 8801.158(c), Special District Local Laws
Code, is amended to read as follows:
(c) The board shall issue a permit to an applicant if, on
presentation of adequate proof, the board finds that:
(1) there is no other adequate and available
substitute or supplemental source of alternative [surface] water
supplies at prices competitive with the prices charged by suppliers
of alternative [surface] water supplies in the district; and
(2) compliance with any provision of this chapter or
any district rule will result in an arbitrary taking of property or
in the practical closing and elimination of a lawful business,
occupation, or activity without sufficient corresponding benefit
or advantage to the public.
SECTION 10. Section 8801.161(b-1), Special District Local
Laws Code, is amended to read as follows:
(b-1) The fee under Subsection (a) may not exceed 110
percent of the highest rate that the City of Houston charges for
[surface] water supplied to its customers in the district.
SECTION 11. Section 8801.162, Special District Local Laws
Code, is amended to read as follows:
Sec. 8801.162. ANNUAL REPORT. (a) Before January 31 each
year, a well owner who is required to hold [holds] a permit under
this chapter shall submit to the board a report stating:
(1) the well owner's name;
(2) the total amount of groundwater withdrawn from the
well during the preceding calendar year [12-month period];
(3) the total amount of groundwater withdrawn from the
well during each month of the preceding calendar year [12-month
period];
(4) the purpose for which the groundwater was used;
and
(5) any other information the board considers
necessary.
(b) For the purposes of this section, a well owner whose
well is aggregated with other wells permitted and managed by a
regional water supplier is required to file the report with the
regional water supplier instead of the district. Regional water
suppliers are required to annually submit to the board the report
required in Subsection (a) for all wells owned, managed, or
permitted by that supplier no later than March 31.
SECTION 12. Section 8801.163(a), Special District Local
Laws Code, is repealed.
SECTION 13. A person who is an investment officer for the
Harris-Galveston Subsidence District and who holds that office on
the effective date of this Act must attend the training required by
Section 8801.066(b)(1), Special District Local Laws Code, as added
by this Act, not later than the first anniversary of the effective
date of this Act, unless the person has already taken the training
in the 12 months preceding that effective date.
SECTION 14. The authority of a regional water authority to
impose a charge on a well or class of wells located within the
boundaries of the Harris-Galveston Subsidence District is not
affected by the ceasing of that well or class of wells on or after
February 1, 2013, to be subject to:
(1) a groundwater reduction requirement imposed by the
subsidence district; or
(2) the regulatory provisions, permitting
requirements, or jurisdiction of the subsidence district.
SECTION 15. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.