Texas 2013 - 83rd Regular

Texas Senate Bill SB1840 Compare Versions

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1	1	By: Nichols S.B. No. 1840
2	2	(Paddie, Ashby)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Deep East Texas Groundwater
8	8	Conservation District; providing authority to issue bonds;
9	9	providing authority to impose assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle H, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8873 to read as follows:
13	13	CHAPTER 8873. DEEP EAST TEXAS GROUNDWATER CONSERVATION DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8873.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the board of directors of the
17	17	district.
18	18	(2) "Director" means a member of the board.
19	19	(3) "District" means the Deep East Texas Groundwater
20	20	Conservation District.
21	21	Sec. 8873.002. NATURE OF DISTRICT; FINDINGS. (a) The
22	22	district is a groundwater conservation district in Sabine, San
23	23	Augustine, and Shelby Counties created under and essential to
24	24	accomplish the purposes of Section 59, Article XVI, Texas
25	25	Constitution.
26	26	(b) The district is created to serve a public use and
27	27	benefit.
28	28	(c) All of the land and other property included within the
29	29	boundaries of the district will be benefited by the works and
30	30	projects that are to be accomplished by the district under powers
31	31	conferred by this chapter and by Chapter 36, Water Code.
32	32	Sec. 8873.003. CONFIRMATION ELECTION REQUIRED. If the
33	33	creation of the district is not confirmed at a confirmation
34	34	election held under Section 8873.023 before September 1, 2015:
35	35	(1) the district is dissolved on September 1, 2015,
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 each county in proportion to the
40	40	contribution of money made; and
41	41	(C) the organization of the district shall be
42	42	maintained until all debts are paid and remaining assets are
43	43	transferred; and
44	44	(2) this chapter expires September 1, 2017.
45	45	Sec. 8873.004. INITIAL DISTRICT TERRITORY. (a) Except as
46	46	provided by Subsections (b) and (c), the initial boundaries of the
47	47	district are coextensive with the boundaries of Sabine, San
48	48	Augustine, and Shelby Counties.
49	49	(b) If the creation of the district is not confirmed by the
50	50	voters of a county at an election held under Section 8873.023, that
51	51	county is not included in the district.
52	52	(c) If a majority of the voters of the City of Center do not
53	53	vote at an election under Section 8873.024 in favor of the inclusion
54	54	in the district of the territory of the city, as that territory
55	55	exists on the date of the election, the territory of the City of
56	56	Center is not included in the district.
57	57	Sec. 8873.005. ADDITION OF ADJACENT COUNTY TO DISTRICT.
58	58	(a) An adjacent county may petition to join the district by
59	59	resolution of the county commissioners court.
60	60	(b) If, after a hearing on the resolution, the board finds
61	61	that the addition of the county would benefit the district and the
62	62	county to be added, the board by resolution may approve the addition
63	63	of the county to the district.
64	64	(c) The addition of a county under this section is not final
65	65	until approved by the voters in the county to be added at an
66	66	election held for that purpose.
67	67	(d) The ballot for the election shall be printed to permit
68	68	voting for or against the proposition: "The addition of (county's
69	69	name) to the Deep East Texas Groundwater Conservation District."
70	70	(e) If a majority of the votes are cast in favor of the
71	71	addition of the county to the district, the county is added to the
72	72	district, and the district boundaries are adjusted accordingly. If
73	73	less than a majority of the votes are cast in favor of the addition
74	74	of the county to the district, the county is not added to the
75	75	district.
76	76	Sec. 8873.006. LANDOWNERS' RIGHTS. The rights of
77	77	landowners and their lessees and assigns in groundwater in the
78	78	district are recognized. Nothing in this chapter shall be
79	79	construed to deprive or divest the owners or their lessees and
80	80	assigns of their rights, subject to district rules.
81	81	Sec. 8873.007. REVIEW OF RESOLUTION REQUESTING
82	82	LEGISLATION. The board may not vote on a resolution requesting the
83	83	legislature to amend this chapter unless the board first submits
84	84	for review a copy of the proposed resolution to the commissioners
85	85	court of each county included in the district.
86	86	SUBCHAPTER A-1. TEMPORARY PROVISIONS
87	87	Sec. 8873.021. APPOINTMENT OF TEMPORARY DIRECTORS.
88	88	(a) The district is initially governed by a board of seven
89	89	temporary directors appointed as provided by Section 8873.051(b).
90	90	(b) Temporary directors shall be appointed not later than
91	91	the 90th day after the effective date of the Act enacting this
92	92	chapter. If after the 90th day fewer than seven temporary directors
93	93	have been appointed, each unfilled position shall be considered a
94	94	vacancy and filled in accordance with Subsection (c).
95	95	(c) If a vacancy occurs on the temporary board, the
96	96	remaining temporary directors shall appoint a person to fill the
97	97	vacancy in a manner that meets the representational requirements of
98	98	Section 8873.051(b).
99	99	(d) Each temporary director must qualify to serve as a
100	100	director in the manner provided by Section 36.055, Water Code.
101	101	(e) Temporary directors serve until the earlier of:
102	102	(1) the time the temporary directors become the
103	103	initial permanent directors under Section 8873.025; or
104	104	(2) the date this chapter expires under Section
105	105	8873.003.
106	106	Sec. 8873.022. ORGANIZATIONAL MEETING OF TEMPORARY
107	107	DIRECTORS. As soon as practicable after all the temporary
108	108	directors have qualified under Section 36.055, Water Code, a
109	109	majority of the temporary directors shall convene the
110	110	organizational meeting of the district at a location in the
111	111	district agreeable to a majority of the directors.
112	112	Sec. 8873.023. CONFIRMATION ELECTION. (a) The temporary
113	113	directors shall hold an election on the same date in Sabine, San
114	114	Augustine, and Shelby Counties and in the City of Center to confirm
115	115	the creation of the district.
116	116	(b) Except as provided by this section, an election under
117	117	this section must be conducted as provided by Sections
118	118	36.017(b)-(i), Water Code, and the Election Code. Sections
119	119	36.017(d) and (h), Water Code, do not apply to an election under
120	120	this section.
121	121	(c) The ballot for the election must be printed to provide
122	122	for voting for or against the proposition: "The creation of the
123	123	Deep East Texas Groundwater Conservation District and the levy of
124	124	an ad valorem tax in the district at a rate not to exceed five cents
125	125	for each $100 of assessed valuation."
126	126	(d) If the proposition receives a favorable vote of a
127	127	majority of the voters voting in the election in two or more
128	128	counties, the creation of the district is confirmed.
129	129	(e) If the proposition receives a favorable vote of a
130	130	majority of the voters voting in the election in only one county,
131	131	the creation of the district is not confirmed unless the
132	132	commissioners court of that county votes to confirm the creation of
133	133	the district. The commissioners court must:
134	134	(1) hold two public hearings on the matter before
135	135	voting on the matter; and
136	136	(2) vote to confirm the creation of the district not
137	137	later than the 60th day after the date of the election.
138	138	Sec. 8873.024. MUNICIPAL ELECTION. (a) Notwithstanding
139	139	Section 36.018, Water Code, a separate voting district shall be
140	140	established in the City of Center to determine whether the
141	141	municipality is to be included in the district.
142	142	(b) The territory in the City of Center shall be included in
143	143	the district only if a majority of the voters in the municipal
144	144	territory of the City of Center vote in favor of the municipality's
145	145	inclusion in the district.
146	146	Sec. 8873.025. INITIAL PERMANENT DIRECTORS; INITIAL TERMS.
147	147	(a) If the creation of the district is confirmed under Section
148	148	8873.023, the temporary directors from the counties that are
149	149	included in the district become the district's initial permanent
150	150	directors.
151	151	(b) If the voters of Sabine, San Augustine, and Shelby
152	152	Counties confirm the creation of the district at an election held
153	153	under Section 8873.023:
154	154	(1) the two directors appointed from each county shall
155	155	draw lots to determine which director serves an initial term
156	156	expiring December 31, 2015, and which director serves an initial
157	157	term expiring December 31, 2017; and
158	158	(2) the jointly appointed director serves an initial
159	159	term expiring December 31, 2017.
160	160	(c) If the voters of only two of the counties confirm the
161	161	creation of the district:
162	162	(1) the two directors appointed by the county judge of
163	163	the county that does not confirm the creation of the district and
164	164	the director jointly appointed by the county judges of all three
165	165	counties are no longer eligible to serve as directors and their
166	166	terms expire;
167	167	(2) the two directors appointed from each confirming
168	168	county shall draw lots to determine which director serves an
169	169	initial term expiring December 31, 2015, and which director serves
170	170	an initial term expiring December 31, 2017; and
171	171	(3) the county judges of the confirming counties shall
172	172	jointly appoint a director as provided by Section 8873.051(c), who
173	173	serves an initial term expiring December 31, 2017.
174	174	(d) If the voters and the commissioners court of one county
175	175	confirm the creation of the district:
176	176	(1) the four directors appointed by the county judges
177	177	of the two counties that do not confirm the creation of the district
178	178	and the director jointly appointed by the county judges of all three
179	179	counties are no longer eligible to serve as director and their terms
180	180	expire;
181	181	(2) the two directors appointed from the confirming
182	182	county shall draw lots to determine which director serves an
183	183	initial term expiring December 31, 2015, and which director serves
184	184	an initial term expiring December 31, 2017; and
185	185	(3) the county judge of the confirming county:
186	186	(A) shall appoint one initial director with a
187	187	term expiring December 31, 2017, as board chair; and
188	188	(B) may appoint two additional initial directors
189	189	who are residents of that county and who, if appointed, shall draw
190	190	lots to determine which director serves an initial term expiring
191	191	December 31, 2015, and which director serves an initial term
192	192	expiring December 31, 2017.
193	193	Sec. 8873.026. EXPIRATION OF SUBCHAPTER. This subchapter
194	194	expires September 1, 2016.
195	195	SUBCHAPTER B. BOARD OF DIRECTORS
196	196	Sec. 8873.051. GOVERNING BODY; TERMS. (a) The district is
197	197	governed by a board of seven, five, or three directors appointed as
198	198	provided by this section.
199	199	(b) If the voters in Sabine, San Augustine, and Shelby
200	200	Counties confirm the creation of the district, seven directors
201	201	shall be appointed as follows:
202	202	(1) the county judge of each confirming county shall
203	203	appoint two directors who are residents of that county; and
204	204	(2) the county judges of the confirming counties shall
205	205	by majority vote jointly appoint one director, who shall serve as
206	206	board chair, from the district at large.
207	207	(c) If the voters in only two of the counties confirm the
208	208	creation of the district, five directors shall be appointed as
209	209	follows:
210	210	(1) the county judge of each confirming county shall
211	211	appoint two directors who are residents of that county; and
212	212	(2) the county judges of the confirming counties shall
213	213	jointly appoint one director, who shall serve as board chair, from
214	214	the district at large.
215	215	(d) Notwithstanding Section 36.051(a), Water Code, if the
216	216	voters and the commissioners court of only one county confirm the
217	217	creation of the district, the county judge of that county:
218	218	(1) shall appoint three directors who are residents of
219	219	that county and designate one of those directors as board chair; and
220	220	(2) may appoint two directors, in addition to the
221	221	three directors appointed under Subdivision (1), who are residents
222	222	of that county.
223	223	(e) Directors serve staggered four-year terms, with as near
224	224	as possible to one-half of the directors' terms expiring December
225	225	31 of each odd-numbered year.
226	226	(f) A director may not serve more than two terms.
227	227	Sec. 8873.052. CHANGE IN COMPOSITION; ADDITIONAL COUNTY.
228	228	If a county is added to the district, the board may change the
229	229	number of directors so that:
230	230	(1) an equal number of directors are appointed by the
231	231	county judge of each county in the district;
232	232	(2) one director is appointed jointly by the county
233	233	judges of each county in the district; and
234	234	(3) the board is composed of an odd number of
235	235	directors.
236	236	Sec. 8873.053. QUALIFICATION OF DIRECTORS. Each director
237	237	must qualify to serve as a director in the manner provided by
238	238	Section 36.055, Water Code.
239	239	Sec. 8873.054. VACANCIES. If a vacancy occurs on the board,
240	240	the appointing county judge or, if applicable, the appointing
241	241	county judges for the vacant position shall appoint a person to fill
242	242	the vacancy in a manner that meets the representational
243	243	requirements of Section 8873.051. Section 36.051(c), Water Code,
244	244	does not apply to the district.
245	245	Sec. 8873.055. COMPENSATION; REIMBURSEMENT.
246	246	(a) Notwithstanding Sections 36.060(a) and (d), Water Code, a
247	247	director may not receive compensation for performing the duties of
248	248	director.
249	249	(b) A director is entitled to reimbursement of actual
250	250	expenses reasonably and necessarily incurred while engaging in
251	251	activities on behalf of the district.
252	252	SUBCHAPTER C. POWERS AND DUTIES
253	253	Sec. 8873.101. GROUNDWATER CONSERVATION DISTRICT POWERS
254	254	AND DUTIES. Except as provided by this chapter, the district has
255	255	the powers and duties provided by the general law of this state,
256	256	including Chapter 36, Water Code, applicable to groundwater
257	257	conservation districts created under Section 59, Article XVI, Texas
258	258	Constitution.
259	259	Sec. 8873.102. PERMIT TO TRANSFER GROUNDWATER. (a) The
260	260	board by rule may:
261	261	(1) require a person to obtain a permit from the
262	262	district to transfer groundwater out of the district; and
263	263	(2) regulate the terms of a transfer of groundwater
264	264	out of the district.
265	265	(b) A rule adopted by the board under this section must be
266	266	consistent with the requirements of Section 36.122, Water Code.
267	267	Sec. 8873.103. PROHIBITION ON DISTRICT PURCHASE OF
268	268	GROUNDWATER RIGHTS. The district may not purchase groundwater
269	269	rights for any purpose.
270	270	Sec. 8873.104. PROHIBITION ON DISTRICT PRODUCTION OF
271	271	GROUNDWATER FOR PURPOSE OF SALE. The district may not produce
272	272	groundwater for the purpose of sale.
273	273	Sec. 8873.105. PROHIBITION ON DISTRICT METERING OF CERTAIN
274	274	WELLS. The district may not require that a meter be placed on a well
275	275	that is incapable of producing more than 25,000 gallons of
276	276	groundwater per day.
277	277	Sec. 8873.106. PROHIBITION ON DISTRICT USE OF EMINENT
278	278	DOMAIN POWER. The district may not exercise the power of eminent
279	279	domain.
280	280	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
281	281	Sec. 8873.151. LIMITATION ON TAXES. The district may not
282	282	impose ad valorem taxes at a rate that exceeds five cents on each
283	283	$100 valuation of taxable property in the district.
284	284	Sec. 8873.152. PERMIT FEES REFUNDABLE. The district shall
285	285	refund a fee collected by the district that relates to an
286	286	application for or the issuance of a permit if:
287	287	(1) the permit relates to a well that is incapable of
288	288	producing more than 25,000 gallons of groundwater per day; and
289	289	(2) the applicant for the permit has complied with the
290	290	applicable law and district rules relating to the issuance of the
291	291	permit.
292	292	SECTION 2. (a) The legal notice of the intention to
293	293	introduce this Act, setting forth the general substance of this
294	294	Act, has been published as provided by law, and the notice and a
295	295	copy of this Act have been furnished to all persons, agencies,
296	296	officials, or entities to which they are required to be furnished
297	297	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
298	298	Government Code.
299	299	(b) The governor, one of the required recipients, has
300	300	submitted the notice and Act to the Texas Commission on
301	301	Environmental Quality.
302	302	(c) The Texas Commission on Environmental Quality has filed
303	303	its recommendations relating to this Act with the governor, the
304	304	lieutenant governor, and the speaker of the house of
305	305	representatives within the required time.
306	306	(d) All requirements of the constitution and laws of this
307	307	state and the rules and procedures of the legislature with respect
308	308	to the notice, introduction, and passage of this Act are fulfilled
309	309	and accomplished.
310	310	SECTION 3. This Act takes effect immediately if it receives
311	311	a vote of two-thirds of all the members elected to each house, as
312	312	provided by Section 39, Article III, Texas Constitution. If this
313	313	Act does not receive the vote necessary for immediate effect, this
314	314	Act takes effect September 1, 2013.