Texas 2015 - 84th Regular

Texas Senate Bill SB963 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Campbell S.B. No. 963
2		-	(In the Senate - Filed March 5, 2015; March 18, 2015, read
3		-	first time and referred to Committee on Agriculture, Water, and
4		-	Rural Affairs; April 28, 2015, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 7, Nays 0;
6		-	April 28, 2015, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 963 By: Kolkhorst
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the creation of the Comal Trinity Groundwater
14	7		Conservation District; providing authority to issue bonds;
15	8		providing authority to impose assessments, fees, or surcharges.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. Subtitle H, Title 6, Special District Local Laws
18	11		Code, is amended by adding Chapter 8875 to read as follows:
19	12		CHAPTER 8875. COMAL TRINITY GROUNDWATER CONSERVATION DISTRICT
20	13		SUBCHAPTER A. GENERAL PROVISIONS
21	14		Sec. 8875.001. DEFINITIONS. In this chapter:
22	15		(1) "Board" means the board of directors of the
23	16		district.
24	17		(2) "Commission" means the Texas Commission on
25	18		Environmental Quality.
26	19		(3) "Commissioners court" means the Comal County
27	20		Commissioners Court.
28	21		(4) "Director" means a member of the board.
29	22		(5) "District" means the Comal Trinity Groundwater
30	23		Conservation District.
31	24		(6) "Retail public utility" means a retail public
32	25		utility as defined by Section 13.002, Water Code, that is providing
33	26		service in the district.
34	27		Sec. 8875.002. NATURE OF DISTRICT. The district is a
35	28		groundwater conservation district in Comal County created under and
36	29		essential to accomplish the purposes of Section 59, Article XVI,
37	30		Texas Constitution.
38	31		Sec. 8875.003. INITIAL DISTRICT TERRITORY. The initial
39	32		boundaries of the district are coextensive with the boundaries of
40	33		Comal County, Texas, except that the district does not include any
41	34		territory that is included in the boundaries of the Trinity Glen
42	35		Rose Groundwater Conservation District.
43	36		Sec. 8875.004. CONFLICTS OF LAW. This chapter prevails
44	37		over any provision of general law, including a provision of Chapter
45	38		36, Water Code, that is in conflict or is inconsistent with this
46	39		chapter.
47	40		SUBCHAPTER B. BOARD OF DIRECTORS
48	41		Sec. 8875.051. COMPOSITION OF BOARD. The district is
49	42		governed by a board of seven appointed directors.
50	43		Sec. 8875.052. TERMS AND APPOINTMENT OF DIRECTORS.
51	44		(a) Directors serve staggered four-year terms. Directors are
52	45		appointed by the commissioners court as follows:
53	46		(1) three directors shall be appointed from the
54	47		incorporated areas of Comal County; and
55	48		(2) four directors shall be appointed with one
56	49		director appointed from each of the four commissioners court
57	50		precincts.
58	51		(b) To be appointed under this section, a person:
59	52		(1) must be a registered voter of Comal County; and
60	53		(2) to the extent practicable, should be familiar with
61	54		the use of water by industry and commerce, municipal and rural
62	55		utilities, agriculture, and private wells.
63	56		Sec. 8875.053. VACANCIES. If there is a vacancy on the
64	57		board, the commissioners court shall appoint a person to fill the
65	58		vacancy for the remainder of the term in a manner that meets the
66	59		representational requirements of Section 8875.052.
67	60		SUBCHAPTER C. POWERS AND DUTIES
68	61		Sec. 8875.101. GROUNDWATER CONSERVATION DISTRICT POWERS
69	62		AND DUTIES. The district has the rights, powers, privileges,
70	63		functions, and duties provided by the general law of this state,
71	64		including Chapter 36, Water Code, applicable to groundwater
72	65		conservation districts created under Section 59, Article XVI, Texas
73	66		Constitution.
74	67		Sec. 8875.102. CONTRACTS. The district may contract with a
75	68		state agency or political subdivision, including a municipality, a
76	69		county, a river authority, or another district, to carry out any
77	70		function of the district.
78	71		Sec. 8875.103. BEST MANAGEMENT PRACTICES. (a) The
79	72		district may participate in the development and implementation of
80	73		best management practices for water resource management in the
81	74		district and may engage in and promote the acceptance of best
82	75		management practices through education efforts sponsored by the
83	76		district.
84	77		(b) Development and implementation of best management
85	78		practices must address water quantity and quality practices such as
86	79		brush management, prescribed grazing, recharge structures, water
87	80		and silt detention and retention structures, plugging of abandoned
88	81		wells, rainwater harvesting, and other treatment measures for the
89	82		conservation of water resources.
90	83		(c) The district may not adopt or implement a best
91	84		management practice that is in conflict with or duplicative of a
92	85		best management practice adopted by another groundwater
93	86		conservation district whose territory covers any part of Comal
94	87		County.
95	88		Sec. 8875.104. LIMITATIONS ON DISTRICT POWERS. (a) The
96	89		district may not:
97	90		(1) require the owner of a well exempt from permitting
98	91		to install a meter or measuring device on the well; or
99	92		(2) assess and collect a production fee on wells
100	93		exempt from permitting.
101	94		(b) The district does not have the authority granted by
102	95		Sections 36.020 and 36.201-36.204, Water Code, relating to taxes.
103	96		Sec. 8875.105. PRODUCTION LIMITS AND PERMITS FOR CERTAIN
104	97		WELLS. (a) In this section:
105	98		(1) "Maximum production capacity" means the rated
106	99		capacity of a well that is measured in gallons per minute of
107	100		production as certified by the driller of the well or a professional
108	101		geologist or engineer at the time the well was initially
109	102		constructed or placed into service.
110	103		(2) "Trinity Aquifer" means the Trinity group of
111	104		aquifers, including the:
112	105		(A) Upper Trinity, consisting of the Upper Glen
113	106		Rose Limestone;
114	107		(B) Middle Trinity, consisting of the Lower Glen
115	108		Rose Limestone, the Hensell Sand, and the Cow Creek Limestone; and
116	109		(C) Lower Trinity, consisting of the Sligo
117	110		Limestone and the Hosston Sand.
118	111		(b) Notwithstanding Section 36.117(j), Water Code, the
119	112		district shall issue to an applicant a permit for a well that is not
120	113		exempt from permitting and that was drilled into or through the
121	114		Trinity Aquifer on or before the effective date of the Act enacting
122	115		this chapter that authorizes the production of the well at an amount
123	116		not less than the maximum production capacity of the well.
124	117		(c) Notwithstanding Section 36.117(j), Water Code, a well
125	118		that is not exempt from permitting and that was drilled into or
126	119		through the Trinity Aquifer after the effective date of the Act
127	120		enacting this chapter requires a permit from the district.
128	121		Sec. 8875.106. WELL EXEMPTION. A well is exempt from the
129	122		requirement to obtain a withdrawal permit provided that the well:
130	123		(1) is used solely for domestic use or for providing
131	124		water for livestock or poultry regardless of land lot size and is
132	125		drilled, completed, or equipped so that it is incapable of
133	126		producing more than 25,000 gallons of groundwater a day;
134	127		(2) is not capable of producing more than 10,000
135	128		gallons of water a day; or
136	129		(3) is metered and does not produce more than 10
137	130		acre-feet of water in a calendar year.
138	131		Sec. 8875.107. MEASURING DEVICES. (a) The owner of a
139	132		nonexempt well shall install and maintain a water well meter, or
140	133		alternative measuring device or method approved by the district,
141	134		designed to indicate the flow rate and cumulative amount of water
142	135		withdrawn by that well, on each individual well no later than 36
143	136		months after the effective date of the Act enacting this chapter.
144	137		(b) A well owner is responsible for the costs of installing,
145	138		operating, and maintaining measuring devices.
146	139		Sec. 8875.108. NO EMINENT DOMAIN. The district may not
147	140		exercise the power of eminent domain.
148	141		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
149	142		Sec. 8875.151. FEES. (a) The district may set a
150	143		reasonable fee for administrative management on a per well basis.
151	144		The district may set a fee for administrative management on:
152	145		(1) a well used solely for domestic or livestock
153	146		purposes in an amount not greater than $15 per well, per year; and
154	147		(2) a well that is exempt from permitting and that is
155	148		not used solely for domestic or livestock purposes in an amount not
156	149		greater than $50 per well, per year.
157	150		(b) The district may impose reasonable production fees on
158	151		each well that is not exempt from permitting based on the amount of
159	152		water actually withdrawn from the well. The district may not impose
160	153		a production fee under this subsection in an amount greater than:
161	154		(1) $1 per acre-foot for groundwater used for
162	155		agricultural purposes; or
163	156		(2) $40 per acre-foot for groundwater used for any
164	157		other purpose.
165	158		SECTION 2. Not later than December 31, 2015, the Comal
166	159		County Commissioners Court shall appoint the directors of the Comal
167	160		Trinity Groundwater Conservation District as provided by Section
168	161		8875.052, Special District Local Laws Code, as added by this Act.
169	162		SECTION 3. (a) The legal notice of the intention to
170	163		introduce this Act, setting forth the general substance of this
171	164		Act, has been published as provided by law, and the notice and a
172	165		copy of this Act have been furnished to all persons, agencies,
173	166		officials, or entities to which they are required to be furnished
174	167		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
175	168		Government Code.
176	169		(b) The governor, one of the required recipients, has
177	170		submitted the notice and Act to the Texas Commission on
178	171		Environmental Quality.
179	172		(c) The Texas Commission on Environmental Quality has filed
180	173		its recommendations relating to this Act with the governor, the
181	174		lieutenant governor, and the speaker of the house of
182	175		representatives within the required time.
183	176		(d) All requirements of the constitution and laws of this
184	177		state and the rules and procedures of the legislature with respect
185	178		to the notice, introduction, and passage of this Act are fulfilled
186	179		and accomplished.
187	180		SECTION 4. This Act takes effect immediately if it receives
188	181		a vote of two-thirds of all the members elected to each house, as
189	182		provided by Section 39, Article III, Texas Constitution. If this
190	183		Act does not receive the vote necessary for immediate effect, this
191	184		Act takes effect September 1, 2015.
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