Texas 2017 - 85th Regular

Texas House Bill HR2622 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.R. No. 2622
	1	+	85R34372 DMS-D
	2	+	By: Rodriguez of Travis H.R. No. 2622
2	3
3	4
4	5		R E S O L U T I O N
5	6		BE IT RESOLVED by the House of Representatives of the State of
6	7		Texas, 85th Legislature, Regular Session, 2017, That House Rule 13,
7	8		Section 9(a), be suspended in part as provided by House Rule 13,
8	9		Section 9(f), to enable the conference committee appointed to
9	10		resolve the differences on House Bill 4345 (the creation of the Rio
10	11		de Vida Municipal Utility District No. 1; providing authority to
11	12		impose a tax and issue bonds) to consider and take action on the
12	13		following matter:
13	14		(1) House Rule 13, Section 9(a)(4), is suspended to permit
14	15		the committee to add text on a matter not included in either the
15	16		house or senate version of the bill by adding ARTICLE 2 to the bill
16	17		to read as follows:
17	18		ARTICLE 2. SOUTHWESTERN TRAVIS COUNTY
18	19		GROUNDWATER CONSERVATION DISTRICT
19	20		SECTION 2.01. The legislature finds that:
20	21		(1) creation of the Southwestern Travis County
21	22		Groundwater Conservation District:
22	23		(A) is consistent with the state's preferred
23	24		method of groundwater management;
24	25		(B) will protect property rights, balance the
25	26		development and conservation of groundwater with the needs of this
26	27		state, and use the best available science in the area of groundwater
27	28		through rules developed, adopted, and promulgated by the district
28	29		in accordance with the provisions of Chapter 8871, Special District
29	30		Local Laws Code, as added by this article; and
30	31		(C) will be a benefit to the land in the district
31	32		and a public benefit and utility;
32	33		(2) the district is created to:
33	34		(A) protect the interests of private property
34	35		ownership while balancing the interests of all property owners in
35	36		the district;
36	37		(B) manage groundwater resources; and
37	38		(C) protect the groundwater in the district;
38	39		(3) although a property owner of land in the district
39	40		is not entitled to an equal amount of water as another property
40	41		owner of land in the district, a property owner does have a vested
41	42		ownership interest in the groundwater beneath the owner's property,
42	43		and the district shall recognize that ownership interest; and
43	44		(4) the Southwestern Travis County Groundwater
44	45		Conservation District is not created to prohibit or restrict
45	46		development of private property in the district.
46	47		SECTION 2.02. Subtitle H, Title 6, Special District Local
47	48		Laws Code, is amended by adding Chapter 8871 to read as follows:
48	49		CHAPTER 8871. SOUTHWESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
49	50		DISTRICT
50	51		SUBCHAPTER A. GENERAL PROVISIONS
51	52		Sec. 8871.001. DEFINITIONS. In this chapter:
52	53		(1) "Board" means the district's board of directors.
53	54		(2) "Commission" means the Texas Commission on
54	55		Environmental Quality.
55	56		(3) "Director" means a board member.
56	57		(4) "District" means the Southwestern Travis County
57	58		Groundwater Conservation District.
58	59		Sec. 8871.002. NATURE OF DISTRICT. The district is a
59	60		groundwater conservation district in Travis County created under
60	61		and essential to accomplish the purposes of Section 59, Article
61	62		XVI, Texas Constitution.
62	63		Sec. 8871.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
63	64		district is created to serve a public use and benefit.
64	65		(b) All land and other property included in the district
65	66		will benefit from the works and projects accomplished by the
66	67		district under the powers conferred by Section 59, Article XVI,
67	68		Texas Constitution.
68	69		Sec. 8871.004. INITIAL DISTRICT TERRITORY. (a) The
69	70		district is initially composed of the territory described by
70	71		Section 2.03 of the Act enacting this chapter.
71	72		(b) The boundaries and field notes contained in Section 2.03
72	73		of the Act enacting this chapter form a closure. A mistake made in
73	74		the field notes or in copying the field notes in the legislative
74	75		process does not affect the district's:
75	76		(1) organization, existence, or validity;
76	77		(2) right to issue any type of bond for the purposes
77	78		for which the district is created or to pay the principal of and
78	79		interest on a bond; or
79	80		(3) legality or operation.
80	81		SUBCHAPTER B. TEMPORARY AND INITIAL DIRECTORS
81	82		Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS;
82	83		VACANCIES; TERMS. (a) Seven persons who reside in the district
83	84		shall be appointed as temporary directors not later than the 90th
84	85		day after the effective date of the article of the Act creating this
85	86		chapter as follows:
86	87		(1) the county judge of Travis County shall appoint
87	88		one temporary director;
88	89		(2) the county commissioner for the county
89	90		commissioners precinct in which the district is principally located
90	91		shall appoint two temporary directors;
91	92		(3) the state representative who represents the house
92	93		district in which the district is principally located shall appoint
93	94		two temporary directors; and
94	95		(4) the state senator who represents the senate
95	96		district in which the district is principally located shall appoint
96	97		two temporary directors.
97	98		(b) If a temporary director fails to qualify for office or a
98	99		vacancy occurs on the temporary board, the remaining temporary
99	100		directors shall appoint a person to fill the vacancy. If at any
100	101		time there are fewer than four temporary directors, the state
101	102		representative under Subsection (a)(3) shall appoint the necessary
102	103		number of persons to fill all vacancies on the board.
103	104		(c) Temporary directors serve until the date initial
104	105		directors are elected at an election held under Section 8871.024.
105	106		Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than
106	107		the 45th day after the date on which the seventh temporary director
107	108		is appointed under Section 8871.021, the temporary directors shall
108	109		hold the organizational meeting of the district.
109	110		(b) The temporary directors shall select from among
110	111		themselves a president, a vice president, and a secretary.
111	112		Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a)
112	113		Except as provided by Subsections (c) and (d) or as otherwise
113	114		provided by this subchapter, the temporary directors of the
114	115		district have the same permitting and general management powers as
115	116		those provided for initial and permanent directors under this
116	117		chapter and Chapter 36, Water Code.
117	118		(b) The temporary directors or their designees have the
118	119		authority to enter any public or private property located in the
119	120		district to inspect a water well that is not exempt under Section
120	121		8871.103, as provided by Section 36.123, Water Code.
121	122		(c) Except as provided by Section 8871.024, the temporary
122	123		directors do not have the authority granted by the following
123	124		provisions of Chapter 36, Water Code:
124	125		(1) Sections 36.017, 36.019, 36.020, and 36.059;
125	126		(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
126	127		36.108;
127	128		(3) Sections 36.171-36.181;
128	129		(4) Sections 36.201-36.204; and
129	130		(5) Subchapters J and K.
130	131		(d) The temporary directors may regulate the transfer of
131	132		groundwater out of the district as provided by Section 36.122,
132	133		Water Code, but may not prohibit the transfer of groundwater out of
133	134		the district.
134	135		Sec. 8871.024. CONFIRMATION AND INITIAL DIRECTORS'
135	136		ELECTION. (a) The temporary directors shall order an election in
136	137		the district, to be held not later than the uniform election date in
137	138		May 2018, to confirm the creation of the district and to elect the
138	139		initial directors.
139	140		(b) At the election held under this section, the temporary
140	141		board shall have placed on the ballot the names of the candidates
141	142		who are eligible under Section 8871.051 for each of the seven
142	143		positions on the board.
143	144		(c) Section 41.001(a), Election Code, applies to an
144	145		election held under this section.
145	146		(d) Except as provided by this section, an election held
146	147		under this section must be conducted as provided by the Election
147	148		Code and Sections 36.017, 36.018, and 36.019, Water Code. The
148	149		following provisions of the Water Code do not apply to an election
149	150		under this section:
150	151		(1) Section 36.017(a);
151	152		(2) the provision of Section 36.017(d) governing
152	153		ballot provisions for the election of permanent directors; and
153	154		(3) Section 36.059(b).
154	155		(e) If the district's creation is not confirmed at an
155	156		election held under Subsection (a), the candidate who receives a
156	157		majority of the votes cast at that election for each of the seven
157	158		positions on the board becomes a temporary director of the
158	159		district. The temporary directors elected under this subsection
159	160		shall order a subsequent election to be held to confirm the creation
160	161		of the district and to elect the initial directors not earlier than
161	162		the uniform election date in May 2020.
162	163		(f) Temporary directors elected under Subsection (e) serve
163	164		until:
164	165		(1) the date initial directors are elected at the
165	166		subsequent election ordered under Subsection (e) if the creation of
166	167		the district is confirmed; or
167	168		(2) the fourth anniversary of the date of the election
168	169		held under Subsection (a) if the creation of the district is not
169	170		confirmed.
170	171		(g) The vacancy provision of Section 8871.021, and Section
171	172		8871.023, apply to the temporary directors elected under Subsection
172	173		(e).
173	174		Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after an
174	175		election has been held under Section 8871.024 and the votes have
175	176		been canvassed, if the creation of the district is confirmed, the
176	177		temporary directors shall:
177	178		(1) declare for each board position the person who
178	179		receives the most votes for that position to be elected as the
179	180		initial director for that position; and
180	181		(2) include the results of the initial directors'
181	182		election in the district's election report to the commission.
182	183		(b) The initial directors shall draw lots to determine which
183	184		three initial directors serve two-year terms and which four initial
184	185		directors serve four-year terms.
185	186		SUBCHAPTER C. BOARD OF DIRECTORS
186	187		Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is
187	188		governed by a board of seven directors.
188	189		(b) Directors elected after the election held under Section
189	190		8871.024 serve four-year terms.
190	191		(c) The directors are elected as follows:
191	192		(1) one director must reside in the corporate limits
192	193		of the City of Bee Cave and be elected by voters residing in the City
193	194		of Bee Cave;
194	195		(2) one director must reside in the corporate limits
195	196		of the City of Lakeway or Village of the Hills and be elected by
196	197		voters residing in the City of Lakeway and Village of the Hills;
197	198		(3) one director must reside in the corporate limits
198	199		of the City of West Lake Hills and be elected by voters residing in
199	200		the City of West Lake Hills; and
200	201		(4) four directors must:
201	202		(A) reside inside the district and outside the
202	203		corporate limits of the City of Bee Cave, City of Lakeway, Village
203	204		of the Hills, and City of West Lake Hills;
204	205		(B) be elected by voters residing inside the
205	206		district and outside the corporate limits of the City of Bee Cave,
206	207		City of Lakeway, Village of the Hills, and City of West Lake Hills;
207	208		and
208	209		(C) each use groundwater as a source of water
209	210		supply for one or more beneficial uses at their respective
210	211		residences.
211	212		SUBCHAPTER D. POWERS AND DUTIES
212	213		Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS
213	214		AND DUTIES. Except as otherwise provided by this chapter, the
214	215		district has the powers and duties provided by the general law of
215	216		this state, including Chapter 36, Water Code, applicable to
216	217		groundwater conservation districts created under Section 59,
217	218		Article XVI, Texas Constitution.
218	219		Sec. 8871.102. AQUIFER STORAGE AND RECOVERY PROJECTS. The
219	220		district may implement and develop aquifer storage and recovery
220	221		projects in accordance with:
221	222		(1) Chapters 27 and 36, Water Code; and
222	223		(2) commission rules and guidance.
223	224		Sec. 8871.103. EXEMPT WELLS. (a) Groundwater withdrawals
224	225		from the following wells may not be regulated, permitted, or
225	226		metered by the district:
226	227		(1) a well used for domestic use by a single private
227	228		residential household and incapable of producing more than 10,000
228	229		gallons per day; and
229	230		(2) a well used solely for domestic use or for
230	231		providing water for livestock or poultry if the well is:
231	232		(A) located or to be located on a tract of land
232	233		larger than 10 acres; and
233	234		(B) drilled, completed, or equipped so that it is
234	235		incapable of producing more than 25,000 gallons of groundwater a
235	236		day.
236	237		(b) The district may not charge or collect a well
237	238		construction fee for a well described by Subsection (a)(2).
238	239		(c) A well used for dewatering and monitoring in the
239	240		production of coal or lignite is exempt from permit requirements,
240	241		regulations, and fees imposed by the district.
241	242		Sec. 8871.104. PERMIT REQUIRED. A well owner must obtain a
242	243		permit and pay any required fees, including a well construction
243	244		fee, before using any groundwater withdrawn from a well for
244	245		purposes other than those exempted by Section 8871.103.
245	246		Sec. 8871.105. ACCESS TO PROPERTY. (a) Subject to
246	247		Subsection (b), an employee or agent of the district is entitled to
247	248		enter public or private property in the district at any reasonable
248	249		time to:
249	250		(1) inspect an exempt well;
250	251		(2) inspect and investigate conditions relating to the
251	252		quality of water in the state; and
252	253		(3) monitor compliance with any rule, regulation,
253	254		permit, or other order of the district.
254	255		(b) An employee or agent of the district must obtain the
255	256		permission of the property owner before entering public or private
256	257		property.
257	258		(c) If any employee or agent of the district is refused the
258	259		right to enter public or private property in the district under this
259	260		section, the district may seek a court order from a district court
260	261		authorizing the district to enter the land.
261	262		(d) An employee or agent who enters private property under
262	263		this section shall:
263	264		(1) observe the property's rules and regulations, if
264	265		any, concerning safety, internal security, and fire protection;
265	266		(2) notify management or a person in charge of the
266	267		presence of the employee or agent; and
267	268		(3) exhibit proper credentials.
268	269		Sec. 8871.106. NO EMINENT DOMAIN POWER. The district may
269	270		not exercise the power of eminent domain.
270	271		SUBCHAPTER E. FINANCIAL PROVISIONS
271	272		Sec. 8871.151. WELL CONSTRUCTION FEE. The district may
272	273		charge and collect a new well construction fee not to exceed $1,000
273	274		for a new well.
274	275		Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The
275	276		district may charge and collect a permit renewal application fee
276	277		not to exceed $400.
277	278		Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section
278	279		does not apply to a water utility that has surface water as its sole
279	280		source of water.
280	281		(b) The district may levy and collect a water utility
281	282		service connection fee not to exceed $1,000 for each new water
282	283		service connection made after September 1, 2017.
283	284		Sec. 8871.154. PRODUCTION FEE. The district may impose
284	285		reasonable production fees on each well that is not exempt from
285	286		permitting under Section 8871.103 based on the amount of water
286	287		actually withdrawn from the well. The district may not impose a
287	288		production fee under this section in an amount greater than 20 cents
288	289		per thousand gallons.
289	290		Sec. 8871.155. ADMINISTRATIVE MANAGEMENT FEE. The district
290	291		may set a reasonable fee for administrative management on a per well
291	292		basis. The district may set a fee for administrative management on
292	293		a well that is exempt from permitting in an amount not greater than
293	294		$40 per well, per year.
294	295		Sec. 8871.156. CERTAIN FEES PROHIBITED. The district may
295	296		not charge a fee under Section 36.205(b), (c), or (f), Water Code.
296	297		Sec. 8871.157. LIMITATION ON AUTHORITY TO IMPOSE TAXES.
297	298		The district does not have the authority granted by Sections 36.020
298	299		and 36.201-36.204, Water Code, relating to taxes.
299	300		SECTION 2.03. The Southwestern Travis County Groundwater
300	301		Conservation District initially includes all the territory
301	302		contained in the following area:
302	303		THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE
303	304		HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY
304	305		2010 TCEQ REPORT; "The southwestern Travis territory is located in
305	306		the southwestern quarter of Travis County. The southwestern Travis
306	307		territory is bound to the west by Blanco and Burnet counties,
307	308		southwest by Hays County, and southeast by the northwestern
308	309		boundary of the Barton Springs/Edwards Aquifer Conservation
309	310		District (BS/EACD). The northern boundary of the southwestern
310	311		Travis territory is the Colorado River (Lake Travis, Lake Austin,
311	312		and Lady Bird Lake)."
312	313		SECTION 2.04. (a) The legal notice of the intention to
313	314		introduce this article of this Act, setting forth the general
314	315		substance of this article of this Act, has been published as
315	316		provided by law, and the notice and a copy of this article of this
316	317		Act have been furnished to all persons, agencies, officials, or
317	318		entities to which they are required to be furnished under Section
318	319		59, Article XVI, Texas Constitution, and Chapter 313, Government
319	320		Code.
320	321		(b) The governor, one of the required recipients, has
321	322		submitted the notice and this article of this Act to the Texas
322	323		Commission on Environmental Quality.
323	324		(c) The Texas Commission on Environmental Quality has filed
324	325		its recommendations relating to this article of this Act with the
325	326		governor, the lieutenant governor, and the speaker of the house of
326	327		representatives within the required time.
327	328		(d) All requirements of the constitution and laws of this
328	329		state and the rules and procedures of the legislature with respect
329	330		to the notice, introduction, and passage of this article of this Act
330	331		are fulfilled and accomplished.
331	332		SECTION 2.05. This article takes effect September 1, 2017.
332	333		Explanation: The change is necessary to create the
333	334		Southwestern Travis County Groundwater Conservation District and
334	335		provide the district the ability to issue bonds and impose fees.
335	336		(2) House Rule 13, Section 9(a)(1), is suspended to permit
336	337		the committee to amend text not in disagreement in proposed SECTION
337	338		1.01 of the bill, in proposed Sections 8013.006, 8013.053, and
338	339		8013.153, Special District Local Laws Code, in proposed SECTION
339	340		1.03 of the bill, in the provision regarding legal notice and other
340	341		requirements, and in SECTION 1.04 of the bill, in the effective date
341	342		provision, by renumbering references to SECTION 2 of the bill as
342	343		SECTION 1.02 and changing references to "this Act" to "this article
343	344		of this Act".
344	345		EXPLANATION: This change is necessary to accommodate the
345	346		addition of a second article to the Act.
346		-	Rodriguez of Travis
347		-	______________________________
348		-	Speaker of the House
349		-	I certify that H.R. No. 2622 was adopted by the House on May
350		-	28, 2017, by the following vote: Yeas 145, Nays 0, 3 present, not
351		-	voting.
352		-	______________________________
353		-	Chief Clerk of the House