Texas 2017 - 85th Regular

Texas House Bill HB4322 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R4810 TSR-F
2	2	By: Nevárez H.B. No. 4322
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Val Verde County Groundwater
8	8	Conservation District; providing authority to issue bonds;
9	9	providing authority to impose fees, surcharges, 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 8872 to read as follows:
13	13	CHAPTER 8872. VAL VERDE COUNTY GROUNDWATER CONSERVATION DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8872.001. DEFINITIONS. (a) Except as provided by
16	16	Subsection (b), the definitions in Section 36.001, Water Code,
17	17	apply to this chapter.
18	18	(b) In this chapter:
19	19	(1) "Aquifer" means that part of the Edwards-Trinity
20	20	(Plateau) Aquifer located in Val Verde County.
21	21	(2) "Board" means the board of directors of the
22	22	district.
23	23	(3) "City" means the City of Del Rio.
24	24	(4) "Commissioners court" means the Val Verde County
25	25	Commissioners Court.
26	26	(5) "Director" means a member of the board.
27	27	(6) "District" means the Val Verde County Groundwater
28	28	Conservation District.
29	29	(7) "Domestic use" means the use of groundwater in the
30	30	district by a member of a well owner's household or by household
31	31	employees, tenants, licensees, or guests for the following
32	32	purposes:
33	33	(A) drinking, washing, or culinary activities;
34	34	(B) irrigation of:
35	35	(i) lawns;
36	36	(ii) family gardens; or
37	37	(iii) orchards, if the produce of the
38	38	orchard is used only for household consumption;
39	39	(C) filling or maintaining swimming pools,
40	40	decorative ponds, or fountains located on the well owner's
41	41	property; and
42	42	(D) drinking water for domestic animals not
43	43	raised, maintained, or sold for commercial purposes.
44	44	(8) "Existing well" means a well that is completed to
45	45	produce groundwater in Val Verde County on or before January 1,
46	46	2017. The term includes a well that is reworked or repaired after
47	47	January 1, 2017, to restore the well's historic production
48	48	capacity, provided that the reworking or repair does not enlarge
49	49	the diameter of the well bore as the well bore existed on January 1,
50	50	2017.
51	51	(9) "Historic use" means the production and beneficial
52	52	use of groundwater from an existing well in any calendar year before
53	53	January 1, 2017.
54	54	(10) "Political subdivision" means a governmental
55	55	entity of this state, including a county, municipality, state
56	56	agency, or district or authority created under Section 52, Article
57	57	III, or Section 59, Article XVI, Texas Constitution. The term also
58	58	includes a nonprofit water supply corporation created under Chapter
59	59	67, Water Code.
60	60	(11) "Retail public utility" has the meaning assigned
61	61	by Section 13.002, Water Code.
62	62	(12) "Rural area" means an area that is located:
63	63	(A) inside the boundaries of the district; and
64	64	(B) outside the corporate boundaries and
65	65	extraterritorial jurisdiction of a municipality in the district.
66	66	Sec. 8872.002. NATURE OF DISTRICT; PURPOSE. (a) The
67	67	district is a groundwater conservation district in Val Verde County
68	68	created under and essential to accomplish the purposes of Section
69	69	59, Article XVI, Texas Constitution, including:
70	70	(1) the permitting, recharge, conservation,
71	71	protection, and prevention of the waste of groundwater in Val Verde
72	72	County;
73	73	(2) the control of subsidence caused by the
74	74	unreasonable withdrawal of groundwater;
75	75	(3) the regulation of transporting groundwater
76	76	outside the boundaries of the district;
77	77	(4) the regulation of groundwater production and the
78	78	implementation of drought management and conservation plans for the
79	79	reduction of drawdown when conditions warrant action to protect
80	80	spring flow and base flow; and
81	81	(5) the management of the issuance of permits by
82	82	requiring studies and groundwater availability model analyses of
83	83	permit applications that include the use of conservation triggers
84	84	to mitigate the impact on spring flow, base flow, and drawdown.
85	85	(b) The district is created to serve a public use and
86	86	benefit.
87	87	(c) All of the land and other property included within the
88	88	boundaries of the district will benefit from the works and projects
89	89	that are to be accomplished by the district under powers conferred
90	90	by Section 59, Article XVI, Texas Constitution, this chapter, and
91	91	Chapter 36, Water Code.
92	92	Sec. 8872.003. CONFIRMATION ELECTION REQUIRED. If the
93	93	creation of the district is not confirmed at a confirmation
94	94	election held under Section 8872.023 before September 1, 2022:
95	95	(1) the district is dissolved September 1, 2022,
96	96	except that:
97	97	(A) any debts incurred shall be paid;
98	98	(B) any assets that remain after the payment of
99	99	debts shall be transferred to Val Verde County and the city in
100	100	proportion to the amount each entity has contributed to the costs of
101	101	the confirmation election and district operations; and
102	102	(C) the organization of the district shall be
103	103	maintained until all debts are paid and remaining assets are
104	104	transferred; and
105	105	(2) this chapter expires September 1, 2024.
106	106	Sec. 8872.004. INITIAL DISTRICT TERRITORY. The boundaries
107	107	of the district are coextensive with the boundaries of Val Verde
108	108	County.
109	109	SUBCHAPTER A-1. TEMPORARY PROVISIONS
110	110	Sec. 8872.021. APPOINTMENT OF TEMPORARY DIRECTORS;
111	111	VACANCIES; TERMS. (a) As soon as practicable after the effective
112	112	date of the Act enacting this chapter, seven temporary directors
113	113	shall be appointed as follows:
114	114	(1) three temporary directors shall be appointed by
115	115	the commissioners court;
116	116	(2) three temporary directors shall be appointed by
117	117	the city council of the city; and
118	118	(3) one temporary director shall be appointed jointly
119	119	by the county judge of Val Verde County and the mayor of the city.
120	120	(b) An individual appointed to serve as a temporary director
121	121	must be at least 18 years of age and be a registered voter of Val
122	122	Verde County.
123	123	(c) If there is a vacancy on the temporary board of
124	124	directors of the district, the remaining temporary directors shall
125	125	appoint a person to fill the vacancy in a manner that meets the
126	126	representational requirements of this section.
127	127	(d) Temporary directors serve until the earlier of:
128	128	(1) the date the temporary directors become initial
129	129	directors under Section 8872.024; or
130	130	(2) the date this chapter expires under Section
131	131	8872.003.
132	132	(e) Before the confirmation election under Section
133	133	8872.023, the presiding officer of the district or the presiding
134	134	officer's designee may represent the district in the joint planning
135	135	process under Section 36.108, Water Code, and shall be considered a
136	136	voting district representative.
137	137	Sec. 8872.022. ORGANIZATIONAL MEETING OF TEMPORARY
138	138	DIRECTORS. (a) As soon as practicable after all the temporary
139	139	directors have qualified under Section 36.055, Water Code, a
140	140	majority of the temporary directors shall convene the
141	141	organizational meeting of the district at a location within the
142	142	district agreeable to a majority of the directors. If an agreement
143	143	on location cannot be reached, the organizational meeting shall be
144	144	at the Val Verde County Courthouse.
145	145	(b) At the organizational meeting described by Subsection
146	146	(a), the temporary directors shall:
147	147	(1) elect a president as presiding officer, vice
148	148	president, secretary, and treasurer;
149	149	(2) schedule the confirmation election described by
150	150	Section 8872.023; and
151	151	(3) notify the applicable groundwater management area
152	152	of the district's creation, subject to confirmation under Section
153	153	8872.023.
154	154	Sec. 8872.023. CONFIRMATION ELECTION. (a) The temporary
155	155	board shall order an election to be held on the first available
156	156	uniform election date in November following January 1, 2018, to
157	157	confirm the creation of the district and authorize the collection
158	158	of taxes.
159	159	(b) The ballot for the election must be printed to permit
160	160	voting for or against the following proposition: "The creation of
161	161	the Val Verde County Groundwater Conservation District and the
162	162	imposition of an ad valorem tax in the district at a rate not to
163	163	exceed five cents for each $100 of assessed valuation."
164	164	(c) Except as provided by this section, a confirmation
165	165	election must be conducted as provided by Sections 36.017(b)-(i),
166	166	Water Code, and the Election Code.
167	167	(d) If the district's creation is not confirmed at an
168	168	election held under this section, the temporary directors may order
169	169	one or more subsequent elections to be held to confirm the creation
170	170	of the district not earlier than the first anniversary of the
171	171	preceding confirmation election. If the district's creation is not
172	172	confirmed at an election held under this section before September
173	173	1, 2022, the district is dissolved in accordance with Section
174	174	8872.003.
175	175	(e) The costs of an election held under this chapter shall
176	176	be paid by Val Verde County and the city.
177	177	Sec. 8872.024. INITIAL DIRECTORS. (a) If the creation of
178	178	the district is confirmed at an election held under Section
179	179	8872.023, the temporary directors become the initial directors and
180	180	serve until permanent directors are elected or appointed under
181	181	Section 8872.052.
182	182	(b) The initial directors of the board shall draw lots to
183	183	determine which three directors shall serve a term expiring
184	184	December 1 of the year two years after the date of the election in
185	185	which the district is confirmed and which four directors shall
186	186	serve a term expiring December 1 of the year four years after the
187	187	date of the election in which the district is confirmed.
188	188	(c) The initial directors shall provide notice to the
189	189	members of the groundwater management area in which the district is
190	190	located that the creation of the district is confirmed.
191	191	Sec. 8872.025. EXPIRATION OF SUBCHAPTER. This subchapter
192	192	expires September 1, 2023.
193	193	SUBCHAPTER B. BOARD OF DIRECTORS
194	194	Sec. 8872.051. COMPOSITION OF BOARD. The district is
195	195	governed by a board of seven directors.
196	196	Sec. 8872.052. TERMS; APPOINTMENT AND ELECTION OF
197	197	DIRECTORS; QUALIFICATIONS. (a) Directors serve staggered
198	198	four-year terms, with three or four terms expiring December 1 every
199	199	other year. Directors are elected or appointed as follows:
200	200	(1) one director is elected from each of the four
201	201	county commissioners precincts by the voters of the applicable
202	202	precinct to be designated as the director whose place number
203	203	matches the applicable precinct number;
204	204	(2) one director is elected by the voters of the
205	205	district at large to be designated as the director for place number
206	206	five; and
207	207	(3) two directors who each own at least 1,000 acres of
208	208	land in the rural area are appointed by the county judge of Val
209	209	Verde County and the mayor of the city, respectively, to be
210	210	designated as the directors for place numbers six and seven.
211	211	(b) To be elected or appointed under this section, a person
212	212	must be at least 18 years of age and:
213	213	(1) a registered voter of Val Verde County; and
214	214	(2) if elected from a commissioners court precinct, a
215	215	resident of that precinct.
216	216	(c) An election to elect directors must be held on the
217	217	uniform election date in November of even-numbered years.
218	218	(d) A director may serve consecutive terms.
219	219	Sec. 8872.053. VACANCIES. (a) If there is a vacancy on the
220	220	board, a majority of the board shall appoint a person to fill the
221	221	vacancy for the remainder of the term of the vacant director place.
222	222	The person appointed to fill the vacancy must meet the
223	223	qualifications under Section 8872.052 for the vacant place.
224	224	(b) If the board has not filled a vacancy before the 90th day
225	225	after the date of the vacancy, the county judge of Val Verde County
226	226	and the mayor of the city shall jointly appoint a person that meets
227	227	the qualifications under Section 8872.052 for the vacant place to
228	228	serve as director for the remainder of the term being filled.
229	229	Sec. 8872.054. COMPENSATION. (a) A director is not
230	230	entitled to receive compensation for performing the duties of a
231	231	director.
232	232	(b) The board may authorize a director to receive
233	233	reimbursement for the director's reasonable and actual expenses
234	234	incurred while engaging in activities inside or outside the
235	235	district on behalf of the board.
236	236	Sec. 8872.055. ELECTION OF BOARD OFFICERS. (a) At the
237	237	first meeting of the board in each calendar year, the board shall
238	238	elect directors to serve as the president, vice president,
239	239	secretary, and treasurer.
240	240	(b) The president shall serve as the presiding officer of
241	241	the board.
242	242	(c) The treasurer shall serve as the financial officer of
243	243	the district.
244	244	SUBCHAPTER C. POWERS AND DUTIES
245	245	Sec. 8872.101. GENERAL POWERS. (a) Except as otherwise
246	246	provided by this chapter, the district has all of the rights,
247	247	powers, privileges, functions, and duties provided by the general
248	248	law of this state applicable to groundwater conservation districts
249	249	created under Section 59, Article XVI, Texas Constitution,
250	250	including Chapter 36, Water Code.
251	251	(b) Before confirmation of the district, the district's
252	252	powers are limited to:
253	253	(1) performance of the duties necessary to hold an
254	254	election to confirm the creation of the district;
255	255	(2) registration of existing wells that are not exempt
256	256	from the district requirement to obtain a permit under this chapter
257	257	or Chapter 36, Water Code;
258	258	(3) collection of annual groundwater production
259	259	reports from wells that are not exempt from the district
260	260	requirement to obtain a permit under this chapter or Chapter 36,
261	261	Water Code; and
262	262	(4) participation in joint planning with other
263	263	districts as provided by Section 8872.021(e).
264	264	(c) The district shall adopt rules and prescribe forms
265	265	necessary to implement Subsections (b)(2) and (3).
266	266	(d) Section 36.121, Water Code, does not apply to the
267	267	district.
268	268	Sec. 8872.102. NO EMINENT DOMAIN POWER. The district may
269	269	not exercise the power of eminent domain.
270	270	Sec. 8872.103. PERMITS: RULES. (a) The district shall
271	271	adopt rules to:
272	272	(1) require a person to obtain a permit from the
273	273	district to drill and produce groundwater from a well, including an
274	274	existing well, unless the well is exempt from permitting under this
275	275	chapter or Chapter 36, Water Code;
276	276	(2) regulate the terms of a transfer of groundwater
277	277	out of the district;
278	278	(3) regulate the spacing of wells drilled after
279	279	September 1, 2017, to prevent unreasonable adverse interference
280	280	with other wells;
281	281	(4) provide for the uniform and nondiscriminatory
282	282	reduction or curtailment of the production of groundwater by all
283	283	permit holders in the district, if necessary, to protect spring
284	284	flow and base flow and reduce aquifer drawdown based on scientific
285	285	data provided to the district;
286	286	(5) limit groundwater production:
287	287	(A) by the spacing of wells;
288	288	(B) by basing production on acreage or tract
289	289	size; or
290	290	(C) for a public water supplier, by basing
291	291	production on the service area of the supplier; and
292	292	(6) require the owner of a well that is not exempt from
293	293	the district requirement to obtain a permit under this chapter or
294	294	Chapter 36, Water Code, to report to the district in January of each
295	295	year the annual production of groundwater from the well based on
296	296	metered production.
297	297	(b) The terms of a permit that authorizes the production of
298	298	groundwater for transfer out of the district for beneficial use
299	299	must be consistent with applicable law, including Section 36.122,
300	300	Water Code, and may not be more restrictive than the terms of a
301	301	permit authorizing the production of groundwater for beneficial use
302	302	inside the district.
303	303	(c) The district may establish permit conditions and
304	304	limitations as provided by Section 36.122, Water Code.
305	305	Sec. 8872.104. PERMITS: LANDOWNERS GENERALLY. (a) The
306	306	district shall grant a permit that authorizes a person to drill one
307	307	or more wells not to exceed 12 inches in diameter on land owned or
308	308	controlled by the person through a lease or other legal right.
309	309	(b) Under this section, the district shall grant the
310	310	drilling permit holder a permit for the production of groundwater
311	311	not to exceed an actual production capacity of two acre-feet per
312	312	year for each contiguous acre of land associated with the well.
313	313	(c) The district shall issue a production permit described
314	314	by Subsection (b) for an existing well that has a diameter not
315	315	greater than 12 inches for the production of groundwater not to
316	316	exceed an actual production capacity of two acre-feet per year.
317	317	Sec. 8872.105. PERMITS: CITY. The district shall grant the
318	318	city permits in the city's name that authorize the city to pump from
319	319	all wells operated or controlled by the city a cumulative volume of
320	320	groundwater of 18,400 acre-feet per year.
321	321	Sec. 8872.106. PERMITS: RETAIL PUBLIC UTILITY. (a) The
322	322	district shall grant a permit to a retail public utility in the
323	323	district or to a political subdivision other than the city that is
324	324	providing water or sewer service on or before the effective date of
325	325	the Act enacting this chapter. The permit must authorize the
326	326	production of a cumulative volume of groundwater from the wells
327	327	owned by the entity in an amount equal to the amount of groundwater
328	328	required to meet the entity's current and projected needs as
329	329	determined under Section 13.250, Water Code.
330	330	(b) The permitted entity may not resell the groundwater
331	331	produced under the permit to any person for use or resale outside
332	332	the entity's service area, including the area covered by a
333	333	certificate of convenience and necessity, and must put the water to
334	334	beneficial use within the entity's service area.
335	335	Sec. 8872.107. PERMITS: AGRICULTURE. (a) A person is
336	336	entitled to apply for and receive a permit granted for agricultural
337	337	irrigation. The permit must authorize the production of
338	338	groundwater necessary for the irrigation of crops equal to three
339	339	acre-feet per year for each acre of land inside the district using
340	340	pivot, roller, echo drip, or bordered floor irrigation.
341	341	(b) A permit issued under this section is nontransferable
342	342	and expires on the date the well ceases to be used solely for
343	343	irrigation inside the district.
344	344	Sec. 8872.108. PERMITS: COMMERCE AND INDUSTRY. The
345	345	district shall grant a permit for the production of groundwater
346	346	from an existing well that is beneficially used for commercial or
347	347	industrial purposes outside the limits or the extraterritorial
348	348	jurisdiction of the city. The permit must authorize the production
349	349	of a cumulative volume of groundwater that is equal to the maximum
350	350	historic use as proven by the person seeking the permit.
351	351	Sec. 8872.109. WELL REGISTRATION. A permit issued under
352	352	this chapter authorizing the production of groundwater from the
353	353	aquifer must also authorize the drilling and operation of a well or
354	354	wells in the aquifer, and must require the permit holder to:
355	355	(1) register each well with the district; and
356	356	(2) file a copy of the well driller's log with the
357	357	district on completion of each well.
358	358	Sec. 8872.110. PROPERTY RIGHTS. (a) A permit issued by the
359	359	district for the drilling, operation, or production of a well is
360	360	appurtenant to the real property on which the well is located.
361	361	Ownership of the groundwater, or the right to use and produce the
362	362	groundwater authorized by the permit, may be sold, leased,
363	363	assigned, or otherwise transferred by the owner, provided that the
364	364	rights granted by the permit to drill a well and to produce
365	365	groundwater are exercised on the real property described in the
366	366	permit based on the actual production authorized by the permit.
367	367	(b) Except as provided by this chapter, groundwater
368	368	produced as authorized by a permit, once captured at the wellhead,
369	369	may be beneficially used for any lawful purpose at any location,
370	370	whether on or off the real property to which the permit is attached,
371	371	provided that any beneficial use outside the boundaries of the
372	372	district is authorized by a transport permit issued by the
373	373	district.
374	374	Sec. 8872.111. REDUCTION AND CURTAILMENT. (a) The board by
375	375	rule may provide for the reduction and curtailment of the
376	376	production of groundwater from a well permitted under this chapter
377	377	to protect spring flow and base flow and reduce drawdown in
378	378	accordance with Sections 8872.103(a)(4) and (5).
379	379	(b) To implement a reduction or curtailment, the district
380	380	may, to the extent not otherwise authorized by Section 36.101(a),
381	381	Water Code, limit groundwater production as provided by district
382	382	rules.
383	383	(c) Rules adopted by the board requiring a reduction or
384	384	curtailment of the production of groundwater must be applied on a
385	385	proportional, uniform, and nondiscriminatory basis to all
386	386	permitted production, unless the condition requiring reduction or
387	387	curtailment is limited to a management zone created under Section
388	388	8872.112.
389	389	Sec. 8872.112. MANAGEMENT ZONES. (a) If the district
390	390	determines based on scientific data received by the district in a
391	391	meeting held for that purpose that conditions in or use of an
392	392	aquifer differ substantially between hydrogeological areas of the
393	393	district, the district may establish management zones to better
394	394	manage the groundwater resources and adopt different rules to
395	395	regulate production from the management zones based on acreage,
396	396	tract size, or the service area of a public water supplier. In
397	397	creating management zones, the district may consider:
398	398	(1) each aquifer, subdivision of an aquifer, or
399	399	geologic strata located wholly or partly within the district; or
400	400	(2) each geographic area overlying an aquifer or
401	401	subdivision of an aquifer located wholly or partly within the
402	402	district.
403	403	(b) The district must regulate the production of
404	404	groundwater in a management zone on a proportional, uniform, and
405	405	nondiscriminatory basis.
406	406	Sec. 8872.113. PERMIT RENEWAL. (a) Except as provided by
407	407	Subsection (b), the district shall without a hearing renew or
408	408	approve an application to renew an operating permit before the date
409	409	on which the permit expires, provided that:
410	410	(1) the application, if required by the district, is
411	411	submitted in a timely manner and accompanied by any required fees in
412	412	accordance with district rules; and
413	413	(2) the permit holder is not requesting a change
414	414	related to the renewal that would require a permit amendment under
415	415	district rules.
416	416	(b) The district is not required to renew a permit under
417	417	this section if the applicant:
418	418	(1) is delinquent in paying a fee required by the
419	419	district;
420	420	(2) is subject to a pending enforcement action for a
421	421	substantive violation of a district permit, order, or rule that has
422	422	not been settled by agreement with the district or a final
423	423	adjudication; or
424	424	(3) has not paid a civil penalty or has otherwise
425	425	failed to comply with an order resulting from a final adjudication
426	426	of a violation of a district permit, order, or rule.
427	427	(c) If the district is not required to renew a permit under
428	428	Subsection (b)(2), the permit remains in effect until the final
429	429	settlement or adjudication on the matter of the substantive
430	430	violation.
431	431	Sec. 8872.114. LIMITATION ON WELL PERMIT REQUIREMENTS. (a)
432	432	The district may not require a person to install a meter or obtain a
433	433	permit from the district for:
434	434	(1) a well drilled after January 1, 2017, and used to
435	435	produce groundwater solely inside the district for domestic use or
436	436	for another exempt purpose on a tract of land not larger than 10
437	437	acres and that produces not more than 30,000 gallons of groundwater
438	438	a day, notwithstanding the production capability of the well; or
439	439	(2) a well drilled after January 1, 2017, and used to
440	440	produce groundwater solely inside the district for domestic use or
441	441	for another exempt purpose on a tract of land larger than 10 acres
442	442	and that produces not more than 72,000 gallons of groundwater a day,
443	443	notwithstanding the production capability of the well.
444	444	(b) An owner of a well described by this section shall
445	445	register the well with the district.
446	446	(c) The district may not require a permit or a permit
447	447	amendment for the maintenance or repair of a well that is not exempt
448	448	from permitting under this chapter or Chapter 36, Water Code, if the
449	449	maintenance or repair does not make the well capable of producing an
450	450	amount of groundwater that is greater than the production amounts
451	451	provided by the well's permit.
452	452	(d) Nothing in Subsection (a) prevents the applicability in
453	453	the district of Section 36.113(a), Water Code.
454	454	(e) The owner of an existing well is exempt from the
455	455	district's production permit requirements provided that the
456	456	groundwater produced is for domestic use.
457	457	(f) The owner of a well is exempt from the district's permit
458	458	requirements provided that any groundwater produced is for
459	459	agricultural use.
460	460	Sec. 8872.115. PROHIBITION ON DISTRICT PURCHASE, SALE,
461	461	TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
462	462	purchase, sell, transport, or distribute surface water or
463	463	groundwater for any purpose.
464	464	Sec. 8872.116. RIGHT TO ENTER LAND. Section 36.123, Water
465	465	Code, which authorizes a district's employees or agents to go on and
466	466	inspect the property of a landowner, applies to the district
467	467	provided that:
468	468	(1) access is subject to written notice to the
469	469	landowner; and
470	470	(2) the district's employees and agents are prohibited
471	471	from carrying firearms on the landowner's property.
472	472	Sec. 8872.117. WATER CONSERVATION INITIATIVE. The district
473	473	may create a water conservation initiative as provided by Section
474	474	11.32, Tax Code.
475	475	Sec. 8872.118. REGIONAL GROUNDWATER PLANNING. (a) The
476	476	district shall obtain or develop groundwater models for use in
477	477	planning and management of the aquifer and to assist the district in
478	478	the district's role as a member of the groundwater management area
479	479	in which the district is located.
480	480	(b) The district, to the extent possible and through the
481	481	designated representative for the groundwater management area in
482	482	which the district is located, shall diligently pursue an increase
483	483	in the managed available groundwater and an improvement in the
484	484	desired future conditions for the aquifer as compared to those
485	485	indicators for the aquifer on January 1, 2017.
486	486	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
487	487	Sec. 8872.151. LIMITATION ON TAXES. The district may not
488	488	impose ad valorem taxes at a rate that exceeds five cents on each
489	489	$100 valuation of taxable property in the district.
490	490	Sec. 8872.152. APPLICABILITY OF CERTAIN TAX PROVISIONS.
491	491	(a) Sections 26.04, 26.05, 26.06, and 26.07, Tax Code, do not apply
492	492	to a tax imposed by the district.
493	493	(b) Section 49.236, Water Code, as added by Chapter 248
494	494	(H.B. 1541), Acts of the 78th Legislature, Regular Session, 2003,
495	495	applies to the district.
496	496	Sec. 8872.153. FEES. (a) The board by rule may impose
497	497	uniform, reasonable, equitable, and nondiscriminatory annual
498	498	production fees on the amount of permitted water actually produced
499	499	from each well.
500	500	(b) A production fee must be consistent with Section 36.205,
501	501	Water Code, and may be based on:
502	502	(1) the size of column pipe used by the well; or
503	503	(2) the amount of water actually withdrawn from the
504	504	well, or the amount authorized or anticipated to be withdrawn.
505	505	(c) The district may assess a uniform and nondiscriminatory
506	506	export fee consistent with Section 36.122, Water Code, on
507	507	groundwater that is produced from a well inside the district and
508	508	transferred outside the district.
509	509	(d) The district may set fees by rule or resolution relating
510	510	to administrative acts of the district, including filing
511	511	applications, reviewing and processing permits, conducting permit
512	512	hearings, providing public notice, and paying costs of legal fees,
513	513	expert fees, and hearing facility rental fees. The district may not
514	514	assess a fee in an amount greater than $250 for processing permits.
515	515	SECTION 2. (a) The legal notice of the intention to
516	516	introduce this Act, setting forth the general substance of this
517	517	Act, has been published as provided by law, and the notice and a
518	518	copy of this Act have been furnished to all persons, agencies,
519	519	officials, or entities to which they are required to be furnished
520	520	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
521	521	Government Code.
522	522	(b) The governor, one of the required recipients, has
523	523	submitted the notice and Act to the Texas Commission on
524	524	Environmental Quality.
525	525	(c) The Texas Commission on Environmental Quality has filed
526	526	its recommendations relating to this Act with the governor, the
527	527	lieutenant governor, and the speaker of the house of
528	528	representatives within the required time.
529	529	(d) All requirements of the constitution and laws of this
530	530	state and the rules and procedures of the legislature with respect
531	531	to the notice, introduction, and passage of this Act are fulfilled
532	532	and accomplished.
533	533	SECTION 3. This Act takes effect immediately if it receives
534	534	a vote of two-thirds of all the members elected to each house, as
535	535	provided by Section 39, Article III, Texas Constitution. If this
536	536	Act does not receive the vote necessary for immediate effect, this
537	537	Act takes effect September 1, 2017.