Texas 2015 - 84th Regular

Texas House Bill HB4038 Compare Versions

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1	1	84R621 SGA-F
2	2	By: Workman H.B. No. 4038
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Western Travis County Groundwater
8	8	Conservation District; providing general law authority to issue
9	9	bonds; providing authority to impose fees.
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 8871 to read as follows:
13	13	CHAPTER 8871. WESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
14	14	DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8871.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Director" means a board member.
19	19	(3) "District" means the Western Travis County
20	20	Groundwater Conservation District.
21	21	Sec. 8871.002. NATURE OF DISTRICT. The district is a
22	22	groundwater conservation district in Travis County created under
23	23	and essential to accomplish the purposes of Section 59, Article
24	24	XVI, Texas Constitution.
25	25	Sec. 8871.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
26	26	district is created to serve a public use and benefit.
27	27	(b) All land and other property included in the district
28	28	will benefit from the works and projects accomplished by the
29	29	district under the powers conferred by Section 59, Article XVI,
30	30	Texas Constitution.
31	31	Sec. 8871.004. INITIAL DISTRICT TERRITORY. (a) The
32	32	district is initially composed of the territory described by
33	33	Section 2 of the Act creating this chapter.
34	34	(b) The boundaries and field notes contained in Section 2 of
35	35	the Act creating this chapter form a closure. A mistake made in the
36	36	field notes or in copying the field notes in the legislative process
37	37	does not affect the district's:
38	38	(1) organization, existence, or validity;
39	39	(2) right to issue any type of bond for the purposes
40	40	for which the district is created or to pay the principal of and
41	41	interest on a bond; or
42	42	(3) legality or operation.
43	43	Sec. 8871.005. CONFIRMATION ELECTION NOT REQUIRED. An
44	44	election to confirm the creation of the district is not required.
45	45	SUBCHAPTER B. TEMPORARY AND INITIAL DIRECTORS
46	46	Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS;
47	47	VACANCIES; TERMS. (a) Five persons who reside in the district
48	48	shall be appointed as temporary directors not later than the 90th
49	49	day after the effective date of the Act creating this chapter as
50	50	follows:
51	51	(1) the county judge of Travis County shall appoint
52	52	one temporary director;
53	53	(2) the county commissioner for the county
54	54	commissioners precinct in which the district is located shall
55	55	appoint two temporary directors;
56	56	(3) the state representative who represents the house
57	57	district in which the district is located shall appoint one
58	58	temporary director; and
59	59	(4) the state senator who represents the senate
60	60	district in which the district is principally located shall appoint
61	61	one temporary director.
62	62	(b) If a temporary director fails to qualify for office or a
63	63	vacancy occurs on the temporary board, the remaining temporary
64	64	directors shall appoint a person to fill the vacancy. If at any time
65	65	there are fewer than three temporary directors, the state
66	66	representative under Subsection (a)(3) shall appoint the necessary
67	67	number of persons to fill all vacancies on the board.
68	68	(c) Temporary directors serve until the date initial
69	69	directors are elected at an election held under Section 8871.024.
70	70	Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than
71	71	the 45th day after the date on which the fifth temporary director is
72	72	appointed under Section 8871.021, the temporary directors shall
73	73	hold the organizational meeting of the district.
74	74	(b) The temporary directors shall select from among
75	75	themselves a president, a vice president, and a secretary.
76	76	Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a)
77	77	Except as provided by Subsections (c) and (d) or otherwise by this
78	78	subchapter, the temporary directors of the district have the same
79	79	permitting and general management powers as those provided for
80	80	initial and permanent directors under this chapter and Chapter 36,
81	81	Water Code.
82	82	(b) The temporary directors or their designees have the
83	83	authority to enter any public or private property located in the
84	84	district to inspect a water well as provided by Section 36.123,
85	85	Water Code.
86	86	(c) Except as provided by Section 8871.024, the temporary
87	87	directors do not have the authority granted by the following
88	88	provisions of Chapter 36, Water Code:
89	89	(1) Sections 36.017, 36.019, 36.020, and 36.059;
90	90	(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
91	91	36.108;
92	92	(3) Sections 36.171-36.181;
93	93	(4) Sections 36.201-36.204; and
94	94	(5) Subchapters J and K.
95	95	(d) The temporary directors may regulate the transfer of
96	96	groundwater out of the district as provided by Section 36.122,
97	97	Water Code, but may not prohibit the transfer of groundwater out of
98	98	the district.
99	99	Sec. 8871.024. INITIAL DIRECTORS' ELECTION. (a) The
100	100	temporary directors shall order an election in the district to be
101	101	held not later than the uniform election date in November 2017 to
102	102	elect the initial directors.
103	103	(b) At the initial directors' election, the temporary board
104	104	shall have placed on the ballot the names of the candidates who are
105	105	eligible under Section 8871.052 for each of the five positions on
106	106	the board.
107	107	(c) Section 41.001(a), Election Code, applies to an
108	108	election held under this section.
109	109	(d) Except as provided by this section, the initial
110	110	directors' election must be conducted as provided by the Election
111	111	Code and Sections 36.017(b), (c), and (e), Water Code.
112	112	Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after the
113	113	election has been held under Section 8871.024 and the votes have
114	114	been canvassed, the temporary directors shall:
115	115	(1) declare for each board position the person who
116	116	receives the most votes for that position to be elected as the
117	117	initial director for that position; and
118	118	(2) include the results of the initial directors'
119	119	election in the district's election report to the Texas Commission
120	120	on Environmental Quality.
121	121	(b) The temporary directors shall determine whether
122	122	staggered terms are in the best interest of the district and shall
123	123	set the terms of the initial directors as follows:
124	124	(1) to establish staggered terms, two initial
125	125	directors serve two-year terms and three initial directors serve
126	126	four-year terms; or
127	127	(2) to establish non-staggered terms, all five initial
128	128	directors serve four-year terms.
129	129	SUBCHAPTER C. BOARD OF DIRECTORS
130	130	Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is
131	131	governed by a board of five directors elected at large.
132	132	(b) Directors elected after the election held under Section
133	133	8871.024 serve four-year terms.
134	134	Sec. 8871.052. ELIGIBILITY. To be eligible to be a
135	135	candidate for or to serve as a director, a person must be a resident
136	136	of the district.
137	137	SUBCHAPTER D. POWERS AND DUTIES
138	138	Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS
139	139	AND DUTIES. Except as otherwise provided by this chapter, the
140	140	district has the powers and duties provided by the general law of
141	141	this state, including Chapter 36, Water Code, applicable to
142	142	groundwater conservation districts created under Section 59,
143	143	Article XVI, Texas Constitution.
144	144	Sec. 8871.102. EXEMPT WELLS. (a) Groundwater withdrawals
145	145	from the following wells may not be regulated, permitted, or
146	146	metered by the district:
147	147	(1) a well used for domestic use by a single private
148	148	residential household and incapable of producing more than 25,000
149	149	gallons per day; and
150	150	(2) a well used for conventional farming and ranching
151	151	activities, including such intensive operations as aquaculture,
152	152	livestock feedlots, or poultry operations.
153	153	(b) The district may not charge or collect a well
154	154	construction fee for a well described by Subsection (a)(2).
155	155	(c) A well owner must obtain a permit and pay any required
156	156	fees, including a well construction fee, before using any
157	157	groundwater withdrawn from a well for purposes other than those
158	158	exempted by this section.
159	159	(d) A well used for dewatering and monitoring in the
160	160	production of coal or lignite is exempt from permit requirements,
161	161	regulations, and fees imposed by the district.
162	162	(e) The district may not enter property to inspect an exempt
163	163	well without the property owner's permission.
164	164	Sec. 8871.103. NO EMINENT DOMAIN POWER. The district may
165	165	not exercise the power of eminent domain.
166	166	SUBCHAPTER E. FINANCIAL PROVISIONS
167	167	Sec. 8871.151. WELL CONSTRUCTION FEE. The district may
168	168	charge and collect a new well construction fee not to exceed $1,000
169	169	for a new well.
170	170	Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The
171	171	district may charge and collect a permit renewal application fee
172	172	not to exceed $400.
173	173	Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section
174	174	does not apply to a water utility that has surface water as its sole
175	175	source of water.
176	176	(b) The district may levy and collect a water utility
177	177	service connection fee not to exceed $1,000 for each new water
178	178	service connection made after September 1, 2015.
179	179	Sec. 8871.154. TAXES AND OTHER FEES PROHIBITED. The
180	180	district may not:
181	181	(1) impose a tax; or
182	182	(2) assess or collect any fees except as authorized by
183	183	Section 8871.151, 8871.152, or 8871.153.
184	184	SECTION 2. (a) Except as provided by Subsection (b), the
185	185	Western Travis County Groundwater Conservation District initially
186	186	includes all the territory contained in the following area:
187	187	Beginning at the point of intersection of the current western
188	188	boundary of the Barton Springs-Edwards Aquifer Conservation
189	189	District and the Colorado River, then following westerly along the
190	190	southern border of the Colorado River and Lake Travis to the western
191	191	Travis County Boundary, then proceeding south along the western
192	192	Travis County Boundary to the intersection of the Travis County
193	193	boundary and the Hays County boundary, then south east along the
194	194	southern Travis County boundary to the current western boundary of
195	195	the Barton Springs Edwards Aquifer Conservation District; then
196	196	north-east along the western boundary of the Barton Springs-Edwards
197	197	Aquifer Conservation District, the point of beginning.
198	198	(b) The territory of the Western Travis County Groundwater
199	199	Conservation District does not include any territory that on the
200	200	effective date of this Act is in the corporate limits or
201	201	extraterritorial jurisdiction of:
202	202	(1) the City of Bee Cave;
203	203	(2) the City of Lakeway;
204	204	(3) the City of West Lake Hills;
205	205	(4) the Village of Briarcliff; or
206	206	(5) the Village of the Hills.
207	207	SECTION 3. (a) The legal notice of the intention to
208	208	introduce this Act, setting forth the general substance of this
209	209	Act, has been published as provided by law, and the notice and a
210	210	copy of this Act have been furnished to all persons, agencies,
211	211	officials, or entities to which they are required to be furnished
212	212	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
213	213	Government Code.
214	214	(b) The governor, one of the required recipients, has
215	215	submitted the notice and Act to the Texas Commission on
216	216	Environmental Quality.
217	217	(c) The Texas Commission on Environmental Quality has filed
218	218	its recommendations relating to this Act with the governor, the
219	219	lieutenant governor, and the speaker of the house of
220	220	representatives within the required time.
221	221	(d) All requirements of the constitution and laws of this
222	222	state and the rules and procedures of the legislature with respect
223	223	to the notice, introduction, and passage of this Act are fulfilled
224	224	and accomplished.
225	225	SECTION 4. This Act takes effect September 1, 2015.