Texas 2017 - 85th Regular

Texas House Bill HB922 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R18505 TSR-D
2		-	By: Workman H.B. No. 922
3		-	Substitute the following for H.B. No. 922:
4		-	By: Larson C.S.H.B. No. 922
	1	+	By: Workman (Senate Sponsor - Buckingham) H.B. No. 922
	2	+	(In the Senate - Received from the House May 1, 2017;
	3	+	May 4, 2017, read first time and referred to Committee on
	4	+	Agriculture, Water & Rural Affairs; May 19, 2017, reported
	5	+	adversely, with favorable Committee Substitute by the following
	6	+	vote: Yeas 5, Nays 2; May 19, 2017, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 922 By: Perry
5	9
6	10
7	11		A BILL TO BE ENTITLED
8	12		AN ACT
9	13		relating to the creation of the Southwestern Travis County
10	14		Groundwater Conservation District; providing authority to issue
11	15		bonds; providing authority to impose fees.
12	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	17		SECTION 1. The legislature finds that:
14	18		(1) creation of the Southwestern Travis County
15	19		Groundwater Conservation District:
16	20		(A) is consistent with the state's preferred
17	21		method of groundwater management;
18	22		(B) will protect property rights, balance the
19	23		development and conservation of groundwater with the needs of this
20	24		state, and use the best available science in the area of groundwater
21	25		through rules developed, adopted, and promulgated by the district
22	26		in accordance with the provisions of Chapter 8871, Special District
23	27		Local Laws Code, as added by this Act; and
24	28		(C) will be a benefit to the land in the district
25	29		and a public benefit and utility;
26	30		(2) the district is created to:
27	31		(A) protect the interests of private property
28	32		ownership while balancing the interests of all property owners in
29	33		the district;
30	34		(B) manage groundwater resources; and
31	35		(C) protect the groundwater in the district;
32	36		(3) although a property owner of land in the district
33	37		is not entitled to an equal amount of water as another property
34	38		owner of land in the district, a property owner does have a vested
35	39		ownership interest in the groundwater beneath the owner's property,
36	40		and the district shall recognize that ownership interest; and
37	41		(4) the Southwestern Travis County Groundwater
38	42		Conservation District is not created to prohibit or restrict
39	43		development of private property in the district.
40	44		SECTION 2. Subtitle H, Title 6, Special District Local Laws
41	45		Code, is amended by adding Chapter 8871 to read as follows:
42	46		CHAPTER 8871. SOUTHWESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
43	47		DISTRICT
44	48		SUBCHAPTER A. GENERAL PROVISIONS
45	49		Sec. 8871.001. DEFINITIONS. In this chapter:
46	50		(1) "Board" means the district's board of directors.
47	51		(2) "Commission" means the Texas Commission on
48	52		Environmental Quality.
49	53		(3) "Director" means a board member.
50	54		(4) "District" means the Southwestern Travis County
51	55		Groundwater Conservation District.
52	56		Sec. 8871.002. NATURE OF DISTRICT. The district is a
53	57		groundwater conservation district in Travis County created under
54	58		and essential to accomplish the purposes of Section 59, Article
55	59		XVI, Texas Constitution.
56	60		Sec. 8871.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
57	61		district is created to serve a public use and benefit.
58	62		(b) All land and other property included in the district
59	63		will benefit from the works and projects accomplished by the
60	64		district under the powers conferred by Section 59, Article XVI,
61	65		Texas Constitution.
62	66		Sec. 8871.004. INITIAL DISTRICT TERRITORY. (a) The
63	67		district is initially composed of the territory described by
64	68		Section 3 of the Act enacting this chapter.
65	69		(b) The boundaries and field notes contained in Section 3 of
66	70		the Act enacting this chapter form a closure. A mistake made in the
67	71		field notes or in copying the field notes in the legislative process
68	72		does not affect the district's:
69	73		(1) organization, existence, or validity;
70	74		(2) right to issue any type of bond for the purposes
71	75		for which the district is created or to pay the principal of and
72	76		interest on a bond; or
73	77		(3) legality or operation.
74	78		Sec. 8871.005. CONFIRMATION ELECTION NOT REQUIRED. An
75	79		election to confirm the creation of the district is not required.
76	80		SUBCHAPTER B. TEMPORARY AND INITIAL DIRECTORS
77	81		Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS;
78	82		VACANCIES; TERMS. (a) Seven persons who reside in the district
79	83		shall be appointed as temporary directors not later than the 90th
80	84		day after the effective date of the Act creating this chapter as
81	85		follows:
82	86		(1) the county judge of Travis County shall appoint
83	87		one temporary director;
84	88		(2) the county commissioner for the county
85	89		commissioners precinct in which the district is principally located
86	90		shall appoint two temporary directors;
87	91		(3) the state representative who represents the house
88	92		district in which the district is principally located shall appoint
89	93		two temporary directors; and
90	94		(4) the state senator who represents the senate
91	95		district in which the district is principally located shall appoint
92	96		two temporary directors.
93	97		(b) If a temporary director fails to qualify for office or a
94	98		vacancy occurs on the temporary board, the remaining temporary
95	99		directors shall appoint a person to fill the vacancy. If at any
96	100		time there are fewer than four temporary directors, the state
97	101		representative under Subsection (a)(3) shall appoint the necessary
98	102		number of persons to fill all vacancies on the board.
99	103		(c) Temporary directors serve until the date initial
100	104		directors are elected at an election held under Section 8871.024.
101	105		Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than
102	106		the 45th day after the date on which the seventh temporary director
103	107		is appointed under Section 8871.021, the temporary directors shall
104	108		hold the organizational meeting of the district.
105	109		(b) The temporary directors shall select from among
106	110		themselves a president, a vice president, and a secretary.
107	111		Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a)
108	112		Except as provided by Subsections (c) and (d) or as otherwise
109	113		provided by this subchapter, the temporary directors of the
110	114		district have the same permitting and general management powers as
111	115		those provided for initial and permanent directors under this
112	116		chapter and Chapter 36, Water Code.
113	117		(b) The temporary directors or their designees have the
114	118		authority to enter any public or private property located in the
115	119		district to inspect a water well that is not exempt under Section
116	120		8871.103, as provided by Section 36.123, Water Code.
117	121		(c) Except as provided by Section 8871.024, the temporary
118	122		directors do not have the authority granted by the following
119	123		provisions of Chapter 36, Water Code:
120	124		(1) Sections 36.017, 36.019, 36.020, and 36.059;
121	125		(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
122	126		36.108;
123	127		(3) Sections 36.171-36.181;
124	128		(4) Sections 36.201-36.204; and
125	129		(5) Subchapters J and K.
126	130		(d) The temporary directors may regulate the transfer of
127	131		groundwater out of the district as provided by Section 36.122,
128	132		Water Code, but may not prohibit the transfer of groundwater out of
129	133		the district.
130	134		Sec. 8871.024. INITIAL DIRECTORS' ELECTION. (a) The
131	135		temporary directors shall order an election in the district to be
132	136		held not later than the uniform election date in May 2018 to elect
133	137		the initial directors.
134	138		(b) At the initial directors' election, the temporary board
135	139		shall have placed on the ballot the names of the candidates who are
136	140		eligible under Section 8871.051 for each of the seven positions on
137	141		the board.
138	142		(c) Section 41.001(a), Election Code, applies to an
139	143		election held under this section.
140	144		(d) Except as provided by this section, the initial
141	145		directors' election must be conducted as provided by the Election
142	146		Code and Sections 36.017(b), (c), and (e), Water Code.
143	147		Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after the
144	148		election has been held under Section 8871.024 and the votes have
145	149		been canvassed, the temporary directors shall:
146	150		(1) declare for each board position the person who
147	151		receives the most votes for that position to be elected as the
148	152		initial director for that position; and
149	153		(2) include the results of the initial directors'
150	154		election in the district's election report to the commission.
151	155		(b) The initial directors shall draw lots to determine which
152	156		three initial directors serve two-year terms and which four initial
153	157		directors serve four-year terms.
154	158		SUBCHAPTER C. BOARD OF DIRECTORS
155	159		Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is
156	160		governed by a board of seven directors.
157	161		(b) Directors elected after the election held under Section
158	162		8871.024 serve four-year terms.
159	163		(c) The directors are elected as follows:
160	164		(1) one director must reside in the corporate limits
161	165		of the City of Bee Cave and be elected by voters residing in the City
162	166		of Bee Cave;
163	167		(2) one director must reside in the corporate limits
164	168		of the City of Lakeway or Village of the Hills and be elected by
165	169		voters residing in the City of Lakeway and Village of the Hills;
166	170		(3) one director must reside in the corporate limits
167	171		of the City of West Lake Hills and be elected by voters residing in
168	172		the City of West Lake Hills; and
169	173		(4) four directors must:
170	174		(A) reside inside the district and outside the
171	175		corporate limits of the City of Bee Cave, City of Lakeway, Village
172		-	of the Hills, and City of West Lake Hills; ~~and~~
	176	+	of the Hills, and City of West Lake Hills;
173	177		(B) be elected by voters residing inside the
174	178		district and outside the corporate limits of the City of Bee Cave,
175		-	City of Lakeway, Village of the Hills, and City of West Lake Hills.
	179	+	City of Lakeway, Village of the Hills, and City of West Lake Hills;
	180	+	and
	181	+	(C) each use groundwater as a source of water
	182	+	supply for one or more beneficial uses at their respective
	183	+	residences.
176	184		SUBCHAPTER D. POWERS AND DUTIES
177	185		Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS
178	186		AND DUTIES. Except as otherwise provided by this chapter, the
179	187		district has the powers and duties provided by the general law of
180	188		this state, including Chapter 36, Water Code, applicable to
181	189		groundwater conservation districts created under Section 59,
182	190		Article XVI, Texas Constitution.
183	191		Sec. 8871.102. AQUIFER STORAGE AND RECOVERY PROJECTS. The
184	192		district may implement and develop aquifer storage and recovery
185	193		projects in accordance with:
186	194		(1) Chapters 27 and 36, Water Code; and
187	195		(2) commission rules and guidance.
188	196		Sec. 8871.103. EXEMPT WELLS. (a) Groundwater withdrawals
189	197		from the following wells may not be regulated, permitted, or
190	198		metered by the district:
191	199		(1) a well used for domestic use by a single private
192	200		residential household and incapable of producing more than 10,000
193	201		gallons per day; and
194	202		(2) a well used solely for domestic use or for
195	203		providing water for livestock or poultry if the well is:
196	204		(A) located or to be located on a tract of land
197	205		larger than 10 acres; and
198	206		(B) drilled, completed, or equipped so that it is
199	207		incapable of producing more than 25,000 gallons of groundwater a
200	208		day.
201	209		(b) The district may not charge or collect a well
202	210		construction fee for a well described by Subsection (a)(2).
203	211		(c) A well used for dewatering and monitoring in the
204	212		production of coal or lignite is exempt from permit requirements,
205	213		regulations, and fees imposed by the district.
206	214		Sec. 8871.104. PERMIT REQUIRED. A well owner must obtain a
207	215		permit and pay any required fees, including a well construction
208	216		fee, before using any groundwater withdrawn from a well for
209	217		purposes other than those exempted by Section 8871.103.
210	218		Sec. 8871.105. ACCESS TO PROPERTY. (a) Subject to
211	219		Subsection (b), an employee or agent of the district is entitled to
212	220		enter public or private property in the district at any reasonable
213	221		time to:
214	222		(1) inspect an exempt well;
215	223		(2) inspect and investigate conditions relating to the
216	224		quality of water in the state; and
217	225		(3) monitor compliance with any rule, regulation,
218	226		permit, or other order of the district.
219	227		(b) An employee or agent of the district must obtain the
220	228		permission of the property owner before entering public or private
221	229		property.
222	230		(c) If any employee or agent of the district is refused the
223	231		right to enter public or private property in the district under this
224	232		section, the district may seek a court order from a district court
225	233		authorizing the district to enter the land.
226	234		(d) An employee or agent who enters private property under
227	235		this section shall:
228	236		(1) observe the property's rules and regulations, if
229	237		any, concerning safety, internal security, and fire protection;
230	238		(2) notify management or a person in charge of the
231	239		presence of the employee or agent; and
232	240		(3) exhibit proper credentials.
233	241		Sec. 8871.106. NO EMINENT DOMAIN POWER. The district may
234	242		not exercise the power of eminent domain.
235	243		SUBCHAPTER E. FINANCIAL PROVISIONS
236	244		Sec. 8871.151. WELL CONSTRUCTION FEE. The district may
237	245		charge and collect a new well construction fee not to exceed $1,000
238	246		for a new well.
239	247		Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The
240	248		district may charge and collect a permit renewal application fee
241	249		not to exceed $400.
242	250		Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section
243	251		does not apply to a water utility that has surface water as its sole
244	252		source of water.
245	253		(b) The district may levy and collect a water utility
246	254		service connection fee not to exceed $1,000 for each new water
247	255		service connection made after September 1, 2017.
248	256		Sec. 8871.154. PRODUCTION FEE. The district may impose
249	257		reasonable production fees on each well that is not exempt from
250	258		permitting under Section 8871.103 based on the amount of water
251	259		actually withdrawn from the well. The district may not impose a
252	260		production fee under this section in an amount greater than 20 cents
253	261		per thousand gallons.
254	262		Sec. 8871.155. ADMINISTRATIVE MANAGEMENT FEE. The district
255	263		may set a reasonable fee for administrative management on a per well
256		-	basis. The district may set a fee for administrative management on:
257		-	(1) a well used solely for domestic or livestock
258		-	purposes in an amount not greater than $15 per well, per year; and
259		-	(2) a well that is exempt from permitting and that is
260		-	not used solely for domestic or livestock purposes in an amount not
261		-	greater than $50 per well, per year.
	264	+	basis. The district may set a fee for administrative management on
	265	+	a well that is exempt from permitting in an amount not greater than
	266	+	$40 per well, per year.
262	267		Sec. 8871.156. CERTAIN FEES PROHIBITED. The district may
263	268		not charge a fee under Section 36.205(b), (c), or (f), Water Code.
264	269		Sec. 8871.157. LIMITATION ON AUTHORITY TO IMPOSE TAXES.
265	270		The district does not have the authority granted by Sections 36.020
266	271		and 36.201-36.204, Water Code, relating to taxes.
267	272		SECTION 3. The Southwestern Travis County Groundwater
268	273		Conservation District initially includes all the territory
269	274		contained in the following area:
270	275		THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE
271	276		HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY
272	277		2010 TCEQ REPORT; "The southwestern Travis territory is located in
273	278		the southwestern quarter of Travis County. The southwestern Travis
274	279		territory is bound to the west by Blanco and Burnet counties,
275	280		southwest by Hays County, and southeast by the northwestern
276	281		boundary of the Barton Springs/Edwards Aquifer Conservation
277	282		District (BS/EACD). The northern boundary of the southwestern
278	283		Travis territory is the Colorado River (Lake Travis, Lake Austin,
279	284		and Lady Bird Lake)."
280	285		SECTION 4. (a) The legal notice of the intention to
281	286		introduce this Act, setting forth the general substance of this
282	287		Act, has been published as provided by law, and the notice and a
283	288		copy of this Act have been furnished to all persons, agencies,
284	289		officials, or entities to which they are required to be furnished
285	290		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
286	291		Government Code.
287	292		(b) The governor, one of the required recipients, has
288	293		submitted the notice and Act to the Texas Commission on
289	294		Environmental Quality.
290	295		(c) The Texas Commission on Environmental Quality has filed
291	296		its recommendations relating to this Act with the governor, the
292	297		lieutenant governor, and the speaker of the house of
293	298		representatives within the required time.
294	299		(d) All requirements of the constitution and laws of this
295	300		state and the rules and procedures of the legislature with respect
296	301		to the notice, introduction, and passage of this Act are fulfilled
297	302		and accomplished.
298	303		SECTION 5. This Act takes effect September 1, 2017.
	304	+	* * * * *