Texas 2015 - 84th Regular

Texas House Bill HB4123 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R26612 TSR-D
2	2	By: Nevárez H.B. No. 4123
3	3	Substitute the following for H.B. No. 4123:
4	4	By: Lucio III C.S.H.B. No. 4123
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Val Verde County Groundwater
10	10	Conservation District; providing authority to issue bonds;
11	11	providing authority to impose fees, surcharges, 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 8872 to read as follows:
15	15	CHAPTER 8872. VAL VERDE COUNTY GROUNDWATER CONSERVATION DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8872.001. DEFINITIONS. (a) Except as provided by
18	18	Subsection (b), the definitions in Section 36.001, Water Code,
19	19	apply to this chapter.
20	20	(b) In this chapter:
21	21	(1) "Aquifer" means that part of the Edwards-Trinity
22	22	(Plateau) Aquifer located in Val Verde County.
23	23	(2) "Board" means the board of directors of the
24	24	district.
25	25	(3) "City" means the City of Del Rio.
26	26	(4) "Commissioners court" means the Val Verde County
27	27	Commissioners Court.
28	28	(5) "Director" means a member of the board.
29	29	(6) "District" means the Val Verde County Groundwater
30	30	Conservation District.
31	31	(7) "Domestic use" means the use of groundwater in the
32	32	district by a member of a well owner's household or by household
33	33	employees, tenants, licensees, or guests for the following
34	34	purposes:
35	35	(A) drinking, washing, or culinary activities;
36	36	(B) irrigation of:
37	37	(i) lawns;
38	38	(ii) family gardens; or
39	39	(iii) orchards, if the produce of the
40	40	orchard is used only for household consumption;
41	41	(C) filling or maintaining swimming pools,
42	42	decorative ponds, or fountains located on the well owner's
43	43	property; and
44	44	(D) drinking water for domestic animals not
45	45	raised, maintained, or sold for commercial purposes.
46	46	(8) "Existing well" means a well that is completed to
47	47	produce groundwater in Val Verde County on or before January 1,
48	48	2015. The term includes a well that is reworked or repaired after
49	49	January 1, 2015, to restore the well's historic production
50	50	capacity, provided that the reworking or repair does not enlarge
51	51	the diameter of the well bore as the well bore existed on January 1,
52	52	2015.
53	53	(9) "Historic use" means the production and beneficial
54	54	use of groundwater from an existing well in any calendar year before
55	55	January 1, 2015.
56	56	(10) "Political subdivision" means a governmental
57	57	entity of this state, including a county, municipality, state
58	58	agency, or district or authority created under Section 52, Article
59	59	III, or Section 59, Article XVI, Texas Constitution. The term also
60	60	includes a nonprofit water supply corporation created under Chapter
61	61	67, Water Code.
62	62	(11) "Retail public utility" has the meaning assigned
63	63	by Section 13.002, Water Code.
64	64	(12) "Rural area" means an area that is located:
65	65	(A) inside the boundaries of the district; and
66	66	(B) outside the corporate boundaries and
67	67	extraterritorial jurisdiction of a municipality in the district.
68	68	Sec. 8872.002. NATURE OF DISTRICT; PURPOSE. (a) The
69	69	district is a groundwater conservation district in Val Verde County
70	70	created under and essential to accomplish the purposes of Section
71	71	59, Article XVI, Texas Constitution, including:
72	72	(1) the permitting, recharge, conservation,
73	73	protection, and prevention of the waste of groundwater in Val Verde
74	74	County;
75	75	(2) the control of subsidence caused by the
76	76	unreasonable withdrawal of groundwater;
77	77	(3) the regulation of transporting groundwater
78	78	outside the boundaries of the district;
79	79	(4) the regulation of groundwater production and the
80	80	implementation of drought management and conservation plans for the
81	81	reduction of drawdown when conditions warrant action to protect
82	82	spring flow and base flow; and
83	83	(5) the management of the issuance of permits by
84	84	requiring studies and groundwater availability model analyses of
85	85	permit applications that include the use of conservation triggers
86	86	to mitigate the impact on spring flow, base flow, and drawdown.
87	87	(b) The district is created to serve a public use and
88	88	benefit.
89	89	(c) All of the land and other property included within the
90	90	boundaries of the district will benefit from the works and projects
91	91	that are to be accomplished by the district under powers conferred
92	92	by Section 59, Article XVI, Texas Constitution, this chapter, and
93	93	Chapter 36, Water Code.
94	94	Sec. 8872.003. CONFIRMATION ELECTION REQUIRED. If the
95	95	creation of the district is not confirmed at a confirmation
96	96	election held under Section 8872.023 before September 1, 2020:
97	97	(1) the district is dissolved September 1, 2020,
98	98	except that:
99	99	(A) any debts incurred shall be paid;
100	100	(B) any assets that remain after the payment of
101	101	debts shall be transferred to Val Verde County and the city in
102	102	proportion to the amount each entity has contributed to the costs of
103	103	the confirmation election and district operations; and
104	104	(C) the organization of the district shall be
105	105	maintained until all debts are paid and remaining assets are
106	106	transferred; and
107	107	(2) this chapter expires September 1, 2022.
108	108	Sec. 8872.004. INITIAL DISTRICT TERRITORY. The boundaries
109	109	of the district are coextensive with the boundaries of Val Verde
110	110	County.
111	111	SUBCHAPTER A-1. TEMPORARY PROVISIONS
112	112	Sec. 8872.021. APPOINTMENT OF TEMPORARY DIRECTORS;
113	113	VACANCIES; TERMS. (a) As soon as practicable after the effective
114	114	date of the Act enacting this chapter, seven temporary directors
115	115	shall be appointed as follows:
116	116	(1) three temporary directors shall be appointed by
117	117	the commissioners court;
118	118	(2) three temporary directors shall be appointed by
119	119	the city council of the city; and
120	120	(3) one temporary director shall be appointed jointly
121	121	by the county judge of Val Verde County and the mayor of the city.
122	122	(b) An individual appointed to serve as a temporary director
123	123	must be at least 18 years of age and be a registered voter of Val
124	124	Verde County.
125	125	(c) If there is a vacancy on the temporary board of
126	126	directors of the district, the remaining temporary directors shall
127	127	appoint a person to fill the vacancy in a manner that meets the
128	128	representational requirements of this section.
129	129	(d) Temporary directors serve until the earlier of:
130	130	(1) the date the temporary directors become initial
131	131	directors under Section 8872.024; or
132	132	(2) the date this chapter expires under Section
133	133	8872.003.
134	134	(e) Before the confirmation election under Section
135	135	8872.023, the presiding officer of the district or the presiding
136	136	officer's designee may represent the district in the joint planning
137	137	process under Section 36.108, Water Code, and shall be considered a
138	138	voting district representative.
139	139	Sec. 8872.022. ORGANIZATIONAL MEETING OF TEMPORARY
140	140	DIRECTORS. (a) As soon as practicable after all the temporary
141	141	directors have qualified under Section 36.055, Water Code, a
142	142	majority of the temporary directors shall convene the
143	143	organizational meeting of the district at a location within the
144	144	district agreeable to a majority of the directors. If an agreement
145	145	on location cannot be reached, the organizational meeting shall be
146	146	at the Val Verde County Courthouse.
147	147	(b) At the organizational meeting described by Subsection
148	148	(a), the temporary directors shall:
149	149	(1) elect a president as presiding officer, vice
150	150	president, secretary, and treasurer;
151	151	(2) schedule the confirmation election described by
152	152	Section 8872.023; and
153	153	(3) notify the applicable groundwater management area
154	154	of the district's creation, subject to confirmation under Section
155	155	8872.023.
156	156	Sec. 8872.023. CONFIRMATION ELECTION. (a) The temporary
157	157	board shall order an election to be held on the first available
158	158	uniform election date in November following January 1, 2016, to
159	159	confirm the creation of the district and authorize the collection
160	160	of taxes.
161	161	(b) The ballot for the election must be printed to permit
162	162	voting for or against the following proposition: "The creation of
163	163	the Val Verde County Groundwater Conservation District and the
164	164	imposition of an ad valorem tax in the district at a rate not to
165	165	exceed five cents for each $100 of assessed valuation."
166	166	(c) Except as provided by this section, a confirmation
167	167	election must be conducted as provided by Sections 36.017(b)-(i),
168	168	Water Code, and the Election Code.
169	169	(d) If the district's creation is not confirmed at an
170	170	election held under this section, the temporary directors may order
171	171	one or more subsequent elections to be held to confirm the creation
172	172	of the district not earlier than the first anniversary of the
173	173	preceding confirmation election. If the district's creation is not
174	174	confirmed at an election held under this section before September
175	175	1, 2020, the district is dissolved in accordance with Section
176	176	8872.003.
177	177	(e) The costs of an election held under this chapter shall
178	178	be paid by Val Verde County and the city.
179	179	Sec. 8872.024. INITIAL DIRECTORS. (a) If the creation of
180	180	the district is confirmed at an election held under Section
181	181	8872.023, the temporary directors become the initial directors and
182	182	serve until permanent directors are elected or appointed under
183	183	Section 8872.052.
184	184	(b) The initial directors of the board shall draw lots to
185	185	determine which three directors shall serve a term expiring
186	186	December 1 of the year two years after the date of the election in
187	187	which the district is confirmed and which four directors shall
188	188	serve a term expiring December 1 of the year four years after the
189	189	date of the election in which the district is confirmed.
190	190	(c) The initial directors shall provide notice to the
191	191	members of the groundwater management area in which the district is
192	192	located that the creation of the district is confirmed.
193	193	Sec. 8872.025. EXPIRATION OF SUBCHAPTER. This subchapter
194	194	expires September 1, 2021.
195	195	SUBCHAPTER B. BOARD OF DIRECTORS
196	196	Sec. 8872.051. COMPOSITION OF BOARD. The district is
197	197	governed by a board of seven directors.
198	198	Sec. 8872.052. TERMS; APPOINTMENT AND ELECTION OF
199	199	DIRECTORS; QUALIFICATIONS. (a) Directors serve staggered
200	200	four-year terms, with three or four terms expiring December 1 every
201	201	other year. Directors are elected or appointed as follows:
202	202	(1) one director is elected from each of the four
203	203	county commissioners precincts by the voters of the applicable
204	204	precinct to be designated as the director whose place number
205	205	matches the applicable precinct number;
206	206	(2) one director is elected by the voters of the
207	207	district at-large to be designated as the director for place number
208	208	five; and
209	209	(3) two directors who each own at least 1,000 acres of
210	210	land in the rural area are appointed by the county judge of Val
211	211	Verde County and the mayor of the city, respectively, to be
212	212	designated as the directors for place numbers six and seven.
213	213	(b) To be elected or appointed under this section, a person
214	214	must be at least 18 years of age and:
215	215	(1) a registered voter of Val Verde County; and
216	216	(2) if elected from a commissioners court precinct, a
217	217	resident of that precinct.
218	218	(c) An election to elect directors must be held on the
219	219	uniform election date in November of even-numbered years.
220	220	(d) A director may serve consecutive terms.
221	221	Sec. 8872.053. VACANCIES. (a) If there is a vacancy on the
222	222	board, a majority of the board shall appoint a person to fill the
223	223	vacancy for the remainder of the term of the vacant director place.
224	224	The person appointed to fill the vacancy must meet the
225	225	qualifications under Section 8872.052 for the vacant place.
226	226	(b) If the board has not filled a vacancy before the 90th day
227	227	after the date of the vacancy, the county judge of Val Verde County
228	228	and the mayor of the city shall jointly appoint a person that meets
229	229	the qualifications under Section 8872.052 for the vacant place to
230	230	serve as director for the remainder of the term being filled.
231	231	Sec. 8872.054. COMPENSATION. (a) A director is not
232	232	entitled to receive compensation for performing the duties of a
233	233	director.
234	234	(b) The board may authorize a director to receive
235	235	reimbursement for the director's reasonable and actual expenses
236	236	incurred while engaging in activities inside or outside the
237	237	district on behalf of the board.
238	238	Sec. 8872.055. ELECTION OF BOARD OFFICERS. (a) At the
239	239	first meeting of the board in each calendar year, the board shall
240	240	elect directors to serve as the president, vice president,
241	241	secretary, and treasurer.
242	242	(b) The president shall serve as the presiding officer of
243	243	the board.
244	244	(c) The treasurer shall serve as the financial officer of
245	245	the district.
246	246	SUBCHAPTER C. POWERS AND DUTIES
247	247	Sec. 8872.101. GENERAL POWERS. (a) Except as otherwise
248	248	provided by this chapter, the district has all of the rights,
249	249	powers, privileges, functions, and duties provided by the general
250	250	law of this state applicable to groundwater conservation districts
251	251	created under Section 59, Article XVI, Texas Constitution,
252	252	including Chapter 36, Water Code.
253	253	(b) Before confirmation of the district, the district's
254	254	powers are limited to:
255	255	(1) performance of the duties necessary to hold an
256	256	election to confirm the creation of the district;
257	257	(2) registration of existing wells that are not exempt
258	258	from the district requirement to obtain a permit under this chapter
259	259	or Chapter 36, Water Code;
260	260	(3) collection of annual groundwater production
261	261	reports from wells that are not exempt from the district
262	262	requirement to obtain a permit under this chapter or Chapter 36,
263	263	Water Code; and
264	264	(4) participation in joint planning with other
265	265	districts as provided by Section 8872.021(e).
266	266	(c) The district shall adopt rules and prescribe forms
267	267	necessary to implement Subsections (b)(2) and (3).
268	268	(d) Section 36.121, Water Code, does not apply to the
269	269	district.
270	270	Sec. 8872.102. NO EMINENT DOMAIN POWER. The district may
271	271	not exercise the power of eminent domain.
272	272	Sec. 8872.103. PERMITS: RULES. (a) The district shall
273	273	adopt rules to:
274	274	(1) require a person to obtain a permit from the
275	275	district to drill and produce groundwater from a well, including an
276	276	existing well, unless the well is exempt from permitting under this
277	277	chapter or Chapter 36, Water Code;
278	278	(2) regulate the terms of a transfer of groundwater
279	279	out of the district;
280	280	(3) regulate the spacing of wells drilled after
281	281	September 1, 2015, to prevent unreasonable adverse interference
282	282	with other wells;
283	283	(4) provide for the uniform and nondiscriminatory
284	284	reduction or curtailment of the production of groundwater by all
285	285	permit holders in the district, if necessary, to protect spring
286	286	flow and base flow and reduce aquifer drawdown based on scientific
287	287	data provided to the district;
288	288	(5) limit groundwater production:
289	289	(A) by the spacing of wells;
290	290	(B) by basing production on acreage or tract
291	291	size; or
292	292	(C) for a public water supplier, by basing
293	293	production on the service area of the supplier; and
294	294	(6) require the owner of a well that is not exempt from
295	295	the district requirement to obtain a permit under this chapter or
296	296	Chapter 36, Water Code, to report to the district in January of each
297	297	year the annual production of groundwater from the well based on
298	298	metered production.
299	299	(b) The terms of a permit that authorizes the production of
300	300	groundwater for transfer out of the district for beneficial use
301	301	must be consistent with applicable law, including Section 36.122,
302	302	Water Code, and may not be more restrictive than the terms of a
303	303	permit authorizing the production of groundwater for beneficial use
304	304	inside the district.
305	305	(c) The district may establish permit conditions and
306	306	limitations as provided by Section 36.122, Water Code.
307	307	Sec. 8872.104. PERMITS: LANDOWNERS GENERALLY. (a) The
308	308	district shall grant a permit that authorizes a person to drill one
309	309	or more wells not to exceed 12 inches in diameter on land owned or
310	310	controlled by the person through a lease or other legal right.
311	311	(b) Under this section, the district shall grant the
312	312	drilling permit holder a permit for the production of groundwater
313	313	not to exceed an actual production capacity of two acre-feet per
314	314	year for each contiguous acre of land associated with the well.
315	315	(c) The district shall issue a production permit described
316	316	by Subsection (b) for an existing well that has a diameter not
317	317	greater than 12 inches for the production of groundwater not to
318	318	exceed an actual production capacity of two acre-feet per year.
319	319	Sec. 8872.105. PERMITS: CITY. The district shall grant the
320	320	city permits in the city's name that authorize the city to pump from
321	321	all wells operated or controlled by the city a cumulative volume of
322	322	groundwater of 18,400 acre-feet per year.
323	323	Sec. 8872.106. PERMITS: RETAIL PUBLIC UTILITY. (a) The
324	324	district shall grant a permit to a retail public utility in the
325	325	district or to a political subdivision other than the city that is
326	326	providing water or sewer service on or before the effective date of
327	327	the Act enacting this chapter. The permit must authorize the
328	328	production of a cumulative volume of groundwater from the wells
329	329	owned by the entity in an amount equal to the amount of groundwater
330	330	required to meet the entity's current and projected needs as
331	331	determined under Section 13.250, Water Code.
332	332	(b) The permitted entity may not resell the groundwater
333	333	produced under the permit to any person for use or resale outside
334	334	the entity's service area, including the area covered by a
335	335	certificate of convenience and necessity, and must put the water to
336	336	beneficial use within the entity's service area.
337	337	Sec. 8872.107. PERMITS: AGRICULTURE. (a) A person is
338	338	entitled to apply for and receive a permit granted for agricultural
339	339	irrigation. The permit must authorize the production of
340	340	groundwater necessary for the irrigation of crops equal to three
341	341	acre-feet per year for each acre of land inside the district using
342	342	pivot, roller, echo drip, or bordered floor irrigation.
343	343	(b) A permit issued under this section is nontransferable
344	344	and expires on the date the well ceases to be used solely for
345	345	irrigation inside the district.
346	346	Sec. 8872.108. PERMITS: COMMERCE AND INDUSTRY. The
347	347	district shall grant a permit for the production of groundwater
348	348	from an existing well that is beneficially used for commercial or
349	349	industrial purposes outside the limits or the extraterritorial
350	350	jurisdiction of the city. The permit must authorize the production
351	351	of a cumulative volume of groundwater that is equal to the maximum
352	352	historic use as proven by the person seeking the permit.
353	353	Sec. 8872.109. WELL REGISTRATION. A permit issued under
354	354	this chapter authorizing the production of groundwater from the
355	355	aquifer must also authorize the drilling and operation of a well or
356	356	wells in the aquifer, and must require the permit holder to:
357	357	(1) register each well with the district; and
358	358	(2) file a copy of the well driller's log with the
359	359	district on completion of each well.
360	360	Sec. 8872.110. PROPERTY RIGHTS. (a) A permit issued by the
361	361	district for the drilling, operation, or production of a well is
362	362	appurtenant to the real property on which the well is located.
363	363	Ownership of the groundwater, or the right to use and produce the
364	364	groundwater authorized by the permit, may be sold, leased,
365	365	assigned, or otherwise transferred by the owner, provided that the
366	366	rights granted by the permit to drill a well and to produce
367	367	groundwater are exercised on the real property described in the
368	368	permit based on the actual production authorized by the permit.
369	369	(b) Except as provided by this chapter, groundwater
370	370	produced as authorized by a permit, once captured at the wellhead,
371	371	may be beneficially used for any lawful purpose at any location,
372	372	whether on or off the real property to which the permit is attached,
373	373	provided that any beneficial use outside the boundaries of the
374	374	district is authorized by a transport permit issued by the
375	375	district.
376	376	Sec. 8872.111. REDUCTION AND CURTAILMENT. (a) The board by
377	377	rule may provide for the reduction and curtailment of the
378	378	production of groundwater from a well permitted under this chapter
379	379	to protect spring flow and base flow and reduce drawdown in
380	380	accordance with Sections 8872.103(a)(4) and (5).
381	381	(b) To implement a reduction or curtailment, the district
382	382	may, to the extent not otherwise authorized by Section 36.101(a),
383	383	Water Code, limit groundwater production as provided by district
384	384	rules.
385	385	(c) Rules adopted by the board requiring a reduction or
386	386	curtailment of the production of groundwater must be applied on a
387	387	proportional, uniform, and nondiscriminatory basis to all
388	388	permitted production, unless the condition requiring reduction or
389	389	curtailment is limited to a management zone created under Section
390	390	8872.112.
391	391	Sec. 8872.112. MANAGEMENT ZONES. (a) If the district
392	392	determines based on scientific data received by the district in a
393	393	meeting held for that purpose that conditions in or use of an
394	394	aquifer differ substantially between hydrogeological areas of the
395	395	district, the district may establish management zones to better
396	396	manage the groundwater resources and adopt different rules to
397	397	regulate production from the management zones based on acreage,
398	398	tract size, or the service area of a public water supplier. In
399	399	creating management zones, the district may consider:
400	400	(1) each aquifer, subdivision of an aquifer, or
401	401	geologic strata located wholly or partly within the district; or
402	402	(2) each geographic area overlying an aquifer or
403	403	subdivision of an aquifer located wholly or partly within the
404	404	district.
405	405	(b) The district must regulate the production of
406	406	groundwater in a management zone on a proportional, uniform, and
407	407	nondiscriminatory basis.
408	408	Sec. 8872.113. PERMIT RENEWAL. (a) Except as provided by
409	409	Subsection (b), the district shall without a hearing renew or
410	410	approve an application to renew an operating permit before the date
411	411	on which the permit expires, provided that:
412	412	(1) the application, if required by the district, is
413	413	submitted in a timely manner and accompanied by any required fees in
414	414	accordance with district rules; and
415	415	(2) the permit holder is not requesting a change
416	416	related to the renewal that would require a permit amendment under
417	417	district rules.
418	418	(b) The district is not required to renew a permit under
419	419	this section if the applicant:
420	420	(1) is delinquent in paying a fee required by the
421	421	district;
422	422	(2) is subject to a pending enforcement action for a
423	423	substantive violation of a district permit, order, or rule that has
424	424	not been settled by agreement with the district or a final
425	425	adjudication; or
426	426	(3) has not paid a civil penalty or has otherwise
427	427	failed to comply with an order resulting from a final adjudication
428	428	of a violation of a district permit, order, or rule.
429	429	(c) If the district is not required to renew a permit under
430	430	Subsection (b)(2), the permit remains in effect until the final
431	431	settlement or adjudication on the matter of the substantive
432	432	violation.
433	433	Sec. 8872.114. LIMITATION ON WELL PERMIT REQUIREMENTS. (a)
434	434	The district may not require a person to install a meter or obtain a
435	435	permit from the district for:
436	436	(1) a well drilled after January 1, 2015, and used to
437	437	produce groundwater solely inside the district for domestic use or
438	438	for another exempt purpose on a tract of land not larger than 10
439	439	acres and that produces not more than 30,000 gallons of groundwater
440	440	a day, notwithstanding the production capability of the well; or
441	441	(2) a well drilled after January 1, 2015, and used to
442	442	produce groundwater solely inside the district for domestic use or
443	443	for another exempt purpose on a tract of land larger than 10 acres
444	444	and that produces not more than 72,000 gallons of groundwater a day,
445	445	notwithstanding the production capability of the well.
446	446	(b) An owner of a well described by this section shall
447	447	register the well with the district.
448	448	(c) The district may not require a permit or a permit
449	449	amendment for the maintenance or repair of a well that is not exempt
450	450	from permitting under this chapter or Chapter 36, Water Code, if the
451	451	maintenance or repair does not make the well capable of producing an
452	452	amount of groundwater that is greater than the production amounts
453	453	provided by the well's permit.
454	454	(d) Nothing in Subsection (a) prevents the applicability in
455	455	the district of Section 36.113(a), Water Code.
456	456	(e) The owner of an existing well is exempt from the
457	457	district's production permit requirements provided that the
458	458	groundwater produced is for domestic use.
459	459	(f) The owner of a well is exempt from the district's permit
460	460	requirements provided that any groundwater produced is for
461	461	agricultural use.
462	462	Sec. 8872.115. PROHIBITION ON DISTRICT PURCHASE, SALE,
463	463	TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
464	464	purchase, sell, transport, or distribute surface water or
465	465	groundwater for any purpose.
466	466	Sec. 8872.116. RIGHT TO ENTER LAND. Section 36.123, Water
467	467	Code, which authorizes a district's employees or agents to go on and
468	468	inspect the property of a landowner, applies to the district
469	469	provided that:
470	470	(1) access is subject to written notice to the
471	471	landowner; and
472	472	(2) the district's employees and agents are prohibited
473	473	from carrying firearms on the landowner's property.
474	474	Sec. 8872.117. WATER CONSERVATION INITIATIVE. The district
475	475	may create a water conservation initiative as provided by Section
476	476	11.32, Tax Code.
477	477	Sec. 8872.118. REGIONAL GROUNDWATER PLANNING. (a) The
478	478	district shall obtain or develop groundwater models for use in
479	479	planning and management of the aquifer and to assist the district in
480	480	the district's role as a member of the groundwater management area
481	481	in which the district is located.
482	482	(b) The district, to the extent possible and through the
483	483	designated representative for the groundwater management area in
484	484	which the district is located, shall diligently pursue an increase
485	485	in the managed available groundwater and an improvement in the
486	486	desired future conditions for the aquifer as compared to those
487	487	indicators for the aquifer on January 1, 2015.
488	488	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
489	489	Sec. 8872.151. LIMITATION ON TAXES. The district may not
490	490	impose ad valorem taxes at a rate that exceeds five cents on each
491	491	$100 valuation of taxable property in the district.
492	492	Sec. 8872.152. APPLICABILITY OF CERTAIN TAX PROVISIONS.
493	493	(a) Sections 26.04, 26.05, 26.06, and 26.07, Tax Code, do not apply
494	494	to a tax imposed by the district.
495	495	(b) Section 49.236, Water Code, as added by Chapter 248
496	496	(H.B. 1541), Acts of the 78th Legislature, Regular Session, 2003,
497	497	applies to the district.
498	498	Sec. 8872.153. FEES. (a) The board by rule may impose
499	499	uniform, reasonable, equitable, and nondiscriminatory annual
500	500	production fees on the amount of permitted water actually produced
501	501	from each well.
502	502	(b) A production fee must be consistent with Section 36.205,
503	503	Water Code, and may be based on:
504	504	(1) the size of column pipe used by the well; or
505	505	(2) the amount of water actually withdrawn from the
506	506	well, or the amount authorized or anticipated to be withdrawn.
507	507	(c) The district may assess a uniform and nondiscriminatory
508	508	export fee consistent with Section 36.122, Water Code, on
509	509	groundwater that is produced from a well inside the district and
510	510	transferred outside the district.
511	511	(d) The district may set fees by rule or resolution relating
512	512	to administrative acts of the district, including filing
513	513	applications, reviewing and processing permits, conducting permit
514	514	hearings, providing public notice, and paying costs of legal fees,
515	515	expert fees, and hearing facility rental fees. The district may not
516	516	assess a fee in an amount greater than $250 for processing permits.
517	517	SECTION 2. (a) The legal notice of the intention to
518	518	introduce this Act, setting forth the general substance of this
519	519	Act, has been published as provided by law, and the notice and a
520	520	copy of this Act have been furnished to all persons, agencies,
521	521	officials, or entities to which they are required to be furnished
522	522	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
523	523	Government Code.
524	524	(b) The governor, one of the required recipients, has
525	525	submitted the notice and Act to the Texas Commission on
526	526	Environmental Quality.
527	527	(c) The Texas Commission on Environmental Quality has filed
528	528	its recommendations relating to this Act with the governor, the
529	529	lieutenant governor, and the speaker of the house of
530	530	representatives within the required time.
531	531	(d) All requirements of the constitution and laws of this
532	532	state and the rules and procedures of the legislature with respect
533	533	to the notice, introduction, and passage of this Act are fulfilled
534	534	and accomplished.
535	535	SECTION 3. This Act takes effect immediately if it receives
536	536	a vote of two-thirds of all the members elected to each house, as
537	537	provided by Section 39, Article III, Texas Constitution. If this
538	538	Act does not receive the vote necessary for immediate effect, this
539	539	Act takes effect September 1, 2015.