H.R. No. 2622
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 85th Legislature, Regular Session, 2017, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 4345 (the creation of the Rio
de Vida Municipal Utility District No. 1; providing authority to
impose a tax and issue bonds) to consider and take action on the
following matter:
(1) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either the
house or senate version of the bill by adding ARTICLE 2 to the bill
to read as follows:
ARTICLE 2. SOUTHWESTERN TRAVIS COUNTY
GROUNDWATER CONSERVATION DISTRICT
SECTION 2.01. The legislature finds that:
(1) creation of the Southwestern Travis County
Groundwater Conservation District:
(A) is consistent with the state's preferred
method of groundwater management;
(B) will protect property rights, balance the
development and conservation of groundwater with the needs of this
state, and use the best available science in the area of groundwater
through rules developed, adopted, and promulgated by the district
in accordance with the provisions of Chapter 8871, Special District
Local Laws Code, as added by this article; and
(C) will be a benefit to the land in the district
and a public benefit and utility;
(2) the district is created to:
(A) protect the interests of private property
ownership while balancing the interests of all property owners in
the district;
(B) manage groundwater resources; and
(C) protect the groundwater in the district;
(3) although a property owner of land in the district
is not entitled to an equal amount of water as another property
owner of land in the district, a property owner does have a vested
ownership interest in the groundwater beneath the owner's property,
and the district shall recognize that ownership interest; and
(4) the Southwestern Travis County Groundwater
Conservation District is not created to prohibit or restrict
development of private property in the district.
SECTION 2.02. Subtitle H, Title 6, Special District Local
Laws Code, is amended by adding Chapter 8871 to read as follows:
CHAPTER 8871. SOUTHWESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8871.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Southwestern Travis County
Groundwater Conservation District.
Sec. 8871.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Travis County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Sec. 8871.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the works and projects accomplished by the
district under the powers conferred by Section 59, Article XVI,
Texas Constitution.
Sec. 8871.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2.03 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2.03
of the Act enacting this chapter form a closure. A mistake made in
the field notes or in copying the field notes in the legislative
process does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond; or
(3) legality or operation.
SUBCHAPTER B. TEMPORARY AND INITIAL DIRECTORS
Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS;
VACANCIES; TERMS. (a) Seven persons who reside in the district
shall be appointed as temporary directors not later than the 90th
day after the effective date of the article of the Act creating this
chapter as follows:
(1) the county judge of Travis County shall appoint
one temporary director;
(2) the county commissioner for the county
commissioners precinct in which the district is principally located
shall appoint two temporary directors;
(3) the state representative who represents the house
district in which the district is principally located shall appoint
two temporary directors; and
(4) the state senator who represents the senate
district in which the district is principally located shall appoint
two temporary directors.
(b) If a temporary director fails to qualify for office or a
vacancy occurs on the temporary board, the remaining temporary
directors shall appoint a person to fill the vacancy. If at any
time there are fewer than four temporary directors, the state
representative under Subsection (a)(3) shall appoint the necessary
number of persons to fill all vacancies on the board.
(c) Temporary directors serve until the date initial
directors are elected at an election held under Section 8871.024.
Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than
the 45th day after the date on which the seventh temporary director
is appointed under Section 8871.021, the temporary directors shall
hold the organizational meeting of the district.
(b) The temporary directors shall select from among
themselves a president, a vice president, and a secretary.
Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a)
Except as provided by Subsections (c) and (d) or as otherwise
provided by this subchapter, the temporary directors of the
district have the same permitting and general management powers as
those provided for initial and permanent directors under this
chapter and Chapter 36, Water Code.
(b) The temporary directors or their designees have the
authority to enter any public or private property located in the
district to inspect a water well that is not exempt under Section
8871.103, as provided by Section 36.123, Water Code.
(c) Except as provided by Section 8871.024, the temporary
directors do not have the authority granted by the following
provisions of Chapter 36, Water Code:
(1) Sections 36.017, 36.019, 36.020, and 36.059;
(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and
36.108;
(3) Sections 36.171-36.181;
(4) Sections 36.201-36.204; and
(5) Subchapters J and K.
(d) The temporary directors may regulate the transfer of
groundwater out of the district as provided by Section 36.122,
Water Code, but may not prohibit the transfer of groundwater out of
the district.
Sec. 8871.024. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall order an election in
the district, to be held not later than the uniform election date in
May 2018, to confirm the creation of the district and to elect the
initial directors.
(b) At the election held under this section, the temporary
board shall have placed on the ballot the names of the candidates
who are eligible under Section 8871.051 for each of the seven
positions on the board.
(c) Section 41.001(a), Election Code, applies to an
election held under this section.
(d) Except as provided by this section, an election held
under this section must be conducted as provided by the Election
Code and Sections 36.017, 36.018, and 36.019, Water Code. The
following provisions of the Water Code do not apply to an election
under this section:
(1) Section 36.017(a);
(2) the provision of Section 36.017(d) governing
ballot provisions for the election of permanent directors; and
(3) Section 36.059(b).
(e) If the district's creation is not confirmed at an
election held under Subsection (a), the candidate who receives a
majority of the votes cast at that election for each of the seven
positions on the board becomes a temporary director of the
district. The temporary directors elected under this subsection
shall order a subsequent election to be held to confirm the creation
of the district and to elect the initial directors not earlier than
the uniform election date in May 2020.
(f) Temporary directors elected under Subsection (e) serve
until:
(1) the date initial directors are elected at the
subsequent election ordered under Subsection (e) if the creation of
the district is confirmed; or
(2) the fourth anniversary of the date of the election
held under Subsection (a) if the creation of the district is not
confirmed.
(g) The vacancy provision of Section 8871.021, and Section
8871.023, apply to the temporary directors elected under Subsection
(e).
Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after an
election has been held under Section 8871.024 and the votes have
been canvassed, if the creation of the district is confirmed, the
temporary directors shall:
(1) declare for each board position the person who
receives the most votes for that position to be elected as the
initial director for that position; and
(2) include the results of the initial directors'
election in the district's election report to the commission.
(b) The initial directors shall draw lots to determine which
three initial directors serve two-year terms and which four initial
directors serve four-year terms.
SUBCHAPTER C. BOARD OF DIRECTORS
Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven directors.
(b) Directors elected after the election held under Section
8871.024 serve four-year terms.
(c) The directors are elected as follows:
(1) one director must reside in the corporate limits
of the City of Bee Cave and be elected by voters residing in the City
of Bee Cave;
(2) one director must reside in the corporate limits
of the City of Lakeway or Village of the Hills and be elected by
voters residing in the City of Lakeway and Village of the Hills;
(3) one director must reside in the corporate limits
of the City of West Lake Hills and be elected by voters residing in
the City of West Lake Hills; and
(4) four directors must:
(A) reside inside the district and outside the
corporate limits of the City of Bee Cave, City of Lakeway, Village
of the Hills, and City of West Lake Hills;
(B) be elected by voters residing inside the
district and outside the corporate limits of the City of Bee Cave,
City of Lakeway, Village of the Hills, and City of West Lake Hills;
and
(C) each use groundwater as a source of water
supply for one or more beneficial uses at their respective
residences.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. Except as otherwise provided by this chapter, the
district has the powers and duties provided by the general law of
this state, including Chapter 36, Water Code, applicable to
groundwater conservation districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8871.102. AQUIFER STORAGE AND RECOVERY PROJECTS. The
district may implement and develop aquifer storage and recovery
projects in accordance with:
(1) Chapters 27 and 36, Water Code; and
(2) commission rules and guidance.
Sec. 8871.103. EXEMPT WELLS. (a) Groundwater withdrawals
from the following wells may not be regulated, permitted, or
metered by the district:
(1) a well used for domestic use by a single private
residential household and incapable of producing more than 10,000
gallons per day; and
(2) a well used solely for domestic use or for
providing water for livestock or poultry if the well is:
(A) located or to be located on a tract of land
larger than 10 acres; and
(B) drilled, completed, or equipped so that it is
incapable of producing more than 25,000 gallons of groundwater a
day.
(b) The district may not charge or collect a well
construction fee for a well described by Subsection (a)(2).
(c) A well used for dewatering and monitoring in the
production of coal or lignite is exempt from permit requirements,
regulations, and fees imposed by the district.
Sec. 8871.104. PERMIT REQUIRED. A well owner must obtain a
permit and pay any required fees, including a well construction
fee, before using any groundwater withdrawn from a well for
purposes other than those exempted by Section 8871.103.
Sec. 8871.105. ACCESS TO PROPERTY. (a) Subject to
Subsection (b), an employee or agent of the district is entitled to
enter public or private property in the district at any reasonable
time to:
(1) inspect an exempt well;
(2) inspect and investigate conditions relating to the
quality of water in the state; and
(3) monitor compliance with any rule, regulation,
permit, or other order of the district.
(b) An employee or agent of the district must obtain the
permission of the property owner before entering public or private
property.
(c) If any employee or agent of the district is refused the
right to enter public or private property in the district under this
section, the district may seek a court order from a district court
authorizing the district to enter the land.
(d) An employee or agent who enters private property under
this section shall:
(1) observe the property's rules and regulations, if
any, concerning safety, internal security, and fire protection;
(2) notify management or a person in charge of the
presence of the employee or agent; and
(3) exhibit proper credentials.
Sec. 8871.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER E. FINANCIAL PROVISIONS
Sec. 8871.151. WELL CONSTRUCTION FEE. The district may
charge and collect a new well construction fee not to exceed $1,000
for a new well.
Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The
district may charge and collect a permit renewal application fee
not to exceed $400.
Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section
does not apply to a water utility that has surface water as its sole
source of water.
(b) The district may levy and collect a water utility
service connection fee not to exceed $1,000 for each new water
service connection made after September 1, 2017.
Sec. 8871.154. PRODUCTION FEE. The district may impose
reasonable production fees on each well that is not exempt from
permitting under Section 8871.103 based on the amount of water
actually withdrawn from the well. The district may not impose a
production fee under this section in an amount greater than 20 cents
per thousand gallons.
Sec. 8871.155. ADMINISTRATIVE MANAGEMENT FEE. The district
may set a reasonable fee for administrative management on a per well
basis. The district may set a fee for administrative management on
a well that is exempt from permitting in an amount not greater than
$40 per well, per year.
Sec. 8871.156. CERTAIN FEES PROHIBITED. The district may
not charge a fee under Section 36.205(b), (c), or (f), Water Code.
Sec. 8871.157. LIMITATION ON AUTHORITY TO IMPOSE TAXES.
The district does not have the authority granted by Sections 36.020
and 36.201-36.204, Water Code, relating to taxes.
SECTION 2.03. The Southwestern Travis County Groundwater
Conservation District initially includes all the territory
contained in the following area:
THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE
HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY
2010 TCEQ REPORT; "The southwestern Travis territory is located in
the southwestern quarter of Travis County. The southwestern Travis
territory is bound to the west by Blanco and Burnet counties,
southwest by Hays County, and southeast by the northwestern
boundary of the Barton Springs/Edwards Aquifer Conservation
District (BS/EACD). The northern boundary of the southwestern
Travis territory is the Colorado River (Lake Travis, Lake Austin,
and Lady Bird Lake)."
SECTION 2.04. (a) The legal notice of the intention to
introduce this article of this Act, setting forth the general
substance of this article of this Act, has been published as
provided by law, and the notice and a copy of this article of this
Act have been furnished to all persons, agencies, officials, or
entities to which they are required to be furnished under Section
59, Article XVI, Texas Constitution, and Chapter 313, Government
Code.
(b) The governor, one of the required recipients, has
submitted the notice and this article of this Act to the Texas
Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this article of this Act with the
governor, the lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this article of this Act
are fulfilled and accomplished.
SECTION 2.05. This article takes effect September 1, 2017.
Explanation: The change is necessary to create the
Southwestern Travis County Groundwater Conservation District and
provide the district the ability to issue bonds and impose fees.
(2) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to amend text not in disagreement in proposed SECTION
1.01 of the bill, in proposed Sections 8013.006, 8013.053, and
8013.153, Special District Local Laws Code, in proposed SECTION
1.03 of the bill, in the provision regarding legal notice and other
requirements, and in SECTION 1.04 of the bill, in the effective date
provision, by renumbering references to SECTION 2 of the bill as
SECTION 1.02 and changing references to "this Act" to "this article
of this Act".
EXPLANATION: This change is necessary to accommodate the
addition of a second article to the Act.
Rodriguez of Travis
______________________________
Speaker of the House
I certify that H.R. No. 2622 was adopted by the House on May
28, 2017, by the following vote: Yeas 145, Nays 0, 3 present, not
voting.
______________________________
Chief Clerk of the House