Texas 2019 - 86th Regular

Texas House Bill HB3781 Compare Versions

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

Old	New	Differences
1	1	86R17084 TYPED
2	2	By: Nevárez H.B. No. 3781
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) "Affected person" means a registered voter of Val
24	24	Verde County or a person owning land in Val Verde County.
25	25	(4) "City" means the City of Del Rio.
26	26	(5) "Commissioners court" means the Val Verde County
27	27	Commissioners Court.
28	28	(6) "Development board" means the Texas Water
29	29	Development Board.
30	30	(7) "Director" means a member of the board.
31	31	(8) "District" means the Val Verde County Groundwater
32	32	Conservation District.
33	33	(9) "Domestic use" means the use of groundwater in the
34	34	district by a member of a well owner's household or by household
35	35	employees, tenants, licensees, or guests for the following
36	36	purposes:
37	37	(A) drinking, washing, or culinary activities;
38	38	(B) irrigation of:
39	39	(i) lawns;
40	40	(ii) family gardens; or
41	41	(iii) orchards, if the produce of the
42	42	orchard is used only for household consumption;
43	43	(C) filling or maintaining swimming pools,
44	44	decorative ponds, or fountains located on the well owner's
45	45	property; and
46	46	(D) drinking water for domestic animals not
47	47	raised, maintained, or sold for commercial purposes.
48	48	(10) "Existing well" means a well that is completed to
49	49	produce groundwater in Val Verde County on or before January 1,
50	50	2019. The term includes a well that is reworked or repaired after
51	51	January 1, 2019, to restore the well's historic production
52	52	capacity, provided that the reworking or repair does not enlarge
53	53	the diameter of the well bore as the well bore existed on January 1,
54	54	2019.
55	55	(11) "Historic use" means the production and
56	56	beneficial use of groundwater from an existing well in any calendar
57	57	year before January 1, 2019.
58	58	(12) "Political subdivision" means a governmental
59	59	entity of this state, including a county, municipality, state
60	60	agency, or district or authority created under Section 52, Article
61	61	III, or Section 59, Article XVI, Texas Constitution. The term also
62	62	includes a nonprofit water supply corporation created under Chapter
63	63	67, Water Code.
64	64	(13) "Retail public utility" has the meaning assigned
65	65	by Section 13.002, Water Code.
66	66	(14) "Rural area" means an area that is located:
67	67	(A) inside the boundaries of the district; and
68	68	(B) outside the corporate boundaries and
69	69	extraterritorial jurisdiction of a municipality in the district.
70	70	Sec. 8872.002. NATURE OF DISTRICT; PURPOSE. (a) The
71	71	district is a groundwater conservation district in Val Verde County
72	72	created under and essential to accomplish the purposes of Section
73	73	59, Article XVI, Texas Constitution, including:
74	74	(1) the permitting, recharge, conservation,
75	75	protection, and prevention of the waste of groundwater in Val Verde
76	76	County;
77	77	(2) the control of subsidence caused by the
78	78	unreasonable withdrawal of groundwater;
79	79	(3) the regulation of transporting groundwater
80	80	outside the boundaries of the district;
81	81	(4) the regulation of groundwater production and the
82	82	implementation of drought management and conservation plans for the
83	83	reduction of drawdown when conditions warrant action to protect
84	84	spring flow and base flow;
85	85	(5) the maintenance of sufficient, good quality river
86	86	flows during periods of drought and low-flow to protect endangered
87	87	species and the habitats of endangered species;
88	88	(6) the development, with the assistance of the Texas
89	89	Water Development Board, the Texas Parks and Wildlife Department,
90	90	and the Texas Commission on Environmental Quality, of empirical
91	91	groundwater flow models to inform the District's groundwater
92	92	management; and
93	93	(7) the management of the issuance of permits by
94	94	requiring studies and groundwater availability model analyses of
95	95	permit applications that include the use of conservation triggers
96	96	to mitigate the impact on spring flow, base flow, and drawdown.
97	97	(b) The district is created to serve a public use and
98	98	benefit.
99	99	(c) All of the land and other property included within the
100	100	boundaries of the district will benefit from the works and projects
101	101	that are to be accomplished by the district under powers conferred
102	102	by Section 59, Article XVI, Texas Constitution, this chapter, and
103	103	Chapter 36, Water Code.
104	104	Sec. 8872.003. CONFIRMATION ELECTION REQUIRED. If the
105	105	creation of the district is not confirmed at a confirmation
106	106	election held under Section 8872.023 before September 1, 2021:
107	107	(1) the district is dissolved September 1, 2021,
108	108	except that:
109	109	(A) any debts incurred shall be paid;
110	110	(B) any assets that remain after the payment of
111	111	debts shall be transferred to Val Verde County and the city in
112	112	proportion to the amount each entity has contributed to the costs of
113	113	the confirmation election and district operations; and
114	114	(C) the organization of the district shall be
115	115	maintained until all debts are paid and remaining assets are
116	116	transferred; and
117	117	(2) this chapter expires September 1, 2022.
118	118	Sec. 8872.0034. INITIAL DISTRICT TERRITORY. The boundaries
119	119	of the district are coextensive with the boundaries of Val Verde
120	120	County.
121	121	Sec. 8872.0035. MINIMUM STANDARDS. The Texas Water
122	122	Development Board shall develop and set minimum flow and spring
123	123	discharge standards for the District based on the best available
124	124	science, historical data, and any other available data necessary to
125	125	protect the property values of riverside landowners and endangered
126	126	or threatened species in the District.
127	127	SUBCHAPTER A-1. TEMPORARY PROVISIONS
128	128	Sec. 8872.021. APPOINTMENT OF TEMPORARY DIRECTORS;
129	129	VACANCIES; TERMS. (a) As soon as practicable after the effective
130	130	date of the Act enacting this chapter, nine temporary directors
131	131	shall be appointed as follows:
132	132	(1) three temporary directors shall be appointed by
133	133	the commissioners court;
134	134	(2) three temporary directors shall be appointed by
135	135	the city council of the city; and
136	136	(3) three temporary directors shall be appointed
137	137	jointly by the commissioners court, city council, and the mayor of
138	138	the city;
139	139	(b) An individual appointed to serve as a temporary director
140	140	must be at least 18 years of age and be:
141	141	(1) A registered voter of Val Verde County, or;
142	142	(2) A landowner in Val Verde County.
143	143	(c) If there is a vacancy on the temporary board of
144	144	directors of the district, the remaining temporary directors shall
145	145	appoint a person to fill the vacancy in a manner that meets the
146	146	representational requirements of this section.
147	147	(d) Temporary directors serve until the earlier of:
148	148	(1) the date the temporary directors become initial
149	149	directors under Section 8872.024; or
150	150	(2) the date this chapter expires under Section
151	151	8872.003.
152	152	(e) Before the confirmation election under Section
153	153	8872.023, the presiding officer of the district or the presiding
154	154	officer's designee may represent the district in the joint planning
155	155	process under Section 36.108, Water Code, and shall be considered a
156	156	voting district representative.
157	157	Sec. 8872.022. ORGANIZATIONAL MEETING OF TEMPORARY
158	158	DIRECTORS. (a) As soon as practicable after all the temporary
159	159	directors have qualified under Section 36.055, Water Code, a
160	160	majority of the temporary directors shall convene the
161	161	organizational meeting of the district at a location within the
162	162	district agreeable to a majority of the directors. If an agreement
163	163	on location cannot be reached, the organizational meeting shall be
164	164	at the Val Verde County Courthouse.
165	165	(b) At the organizational meeting described by Subsection
166	166	(a), the temporary directors shall:
167	167	(1) elect a president as presiding officer, vice
168	168	president, secretary, and treasurer;
169	169	(2) schedule the confirmation election described by
170	170	Section 8872.023; and
171	171	(3) notify the applicable groundwater management area
172	172	of the district's creation, subject to confirmation under Section
173	173	8872.023.
174	174	Sec. 8872.023. CONFIRMATION ELECTION. (a) The temporary
175	175	board shall order an election to be held on the first available
176	176	uniform election date in November following January 1, 2019, to
177	177	confirm the creation of the district and authorize the collection
178	178	of taxes.
179	179	(b) The ballot for the election must be printed to permit
180	180	voting for or against the following proposition: "The creation of
181	181	the Val Verde County Groundwater Conservation District and the
182	182	imposition of an ad valorem tax in the district at a rate not to
183	183	exceed three cents for each $100 of assessed valuation."
184	184	(c) Except as provided by this section, a confirmation
185	185	election must be conducted as provided by Sections 36.017(b)-(i),
186	186	Water Code, and the Election Code.
187	187	(d) If the district's creation is not confirmed at an
188	188	election held under this section, the temporary directors may order
189	189	one or more subsequent elections to be held to confirm the creation
190	190	of the district not earlier than the first anniversary of the
191	191	preceding confirmation election. If the district's creation is not
192	192	confirmed at an election held under this section before September
193	193	1, 2021, the district is dissolved in accordance with Section
194	194	8872.003.
195	195	(e) The costs of an election held under this chapter shall
196	196	be paid equally by Val Verde County and the city.
197	197	Sec. 8872.024. INITIAL DIRECTORS. (a) If the creation of
198	198	the district is confirmed at an election held under Section
199	199	8872.023, the temporary directors become the initial directors and
200	200	serve until permanent directors are elected or appointed under
201	201	Section 8872.052.
202	202	(b) The initial directors of the board shall draw lots to
203	203	determine which five directors shall serve a term expiring December
204	204	1 of the year two years after the date of the election in which the
205	205	district is confirmed and which four directors shall serve a term
206	206	expiring December 1 of the year four years after the date of the
207	207	election in which the district is confirmed.
208	208	(c) The initial directors shall provide notice to the
209	209	members of the groundwater management area in which the district is
210	210	located that the creation of the district is confirmed.
211	211	Sec. 8872.025. EXPIRATION OF SUBCHAPTER. This subchapter
212	212	expires September 1, 2021.
213	213	SUBCHAPTER B. BOARD OF DIRECTORS
214	214	Sec. 8872.051. COMPOSITION OF BOARD. The district is
215	215	governed by a board of nine directors.
216	216	Sec. 8872.052. TERMS; APPOINTMENT OF DIRECTORS;
217	217	QUALIFICATIONS. (a) Directors serve staggered four-year terms,
218	218	with five or four terms expiring December 1 every other year.
219	219	Directors are appointed as follows:
220	220	(1) one director is appointed from each of the three
221	221	management zones by the Commissioners court;
222	222	(2) one director is appointed from each of the three
223	223	management zones by the mayor and the city council;
224	224	(3) one director is appointed from each of the three
225	225	management zones jointly by the Commissioners court, mayor of the
226	226	city, and the city council.
227	227	(b) To be appointed under this section, a person must be at
228	228	least 18 years of age and:
229	229	(1) a registered voter of Val Verde County; and
230	230	(2) own property within the management zone the
231	231	director is appointed to represent.
232	232	(d) A director may serve consecutive terms.
233	233	Sec. 8872.053. VACANCIES. (a) If there is a vacancy on the
234	234	board, a majority of the board shall appoint a person to fill the
235	235	vacancy for the remainder of the term of the vacant director place.
236	236	The person appointed to fill the vacancy must meet the
237	237	qualifications under Section 8872.052 for the vacant place.
238	238	(b) If the board has not filled a vacancy before the 90th day
239	239	after the date of the vacancy, the county judge of Val Verde County
240	240	and the mayor of the city shall jointly appoint a person that meets
241	241	the qualifications under Section 8872.052 for the vacant place to
242	242	serve as director for the remainder of the term being filled.
243	243	Sec. 8872.054. COMPENSATION. (a) A director is not
244	244	entitled to receive compensation for performing the duties of a
245	245	director.
246	246	(b) The board may authorize a director to receive
247	247	reimbursement for the director's reasonable and actual expenses
248	248	incurred while engaging in activities inside or outside the
249	249	district on behalf of the board.
250	250	Sec. 8872.055. ELECTION OF BOARD OFFICERS. (a) At the
251	251	first meeting of the board in each calendar year, the board shall
252	252	elect directors to serve as the president, vice president,
253	253	secretary, and treasurer.
254	254	(b) The president shall serve as the presiding officer of
255	255	the board.
256	256	(c) The treasurer shall serve as the financial officer of
257	257	the district.
258	258	SUBCHAPTER C. POWERS AND DUTIES
259	259	Sec. 8872.101. GENERAL POWERS. (a) Except as otherwise
260	260	provided by this chapter, the district has all of the rights,
261	261	powers, privileges, functions, and duties provided by the general
262	262	law of this state applicable to groundwater conservation districts
263	263	created under Section 59, Article XVI, Texas Constitution,
264	264	including Chapter 36, Water Code.
265	265	(b) Before confirmation of the district, the district's
266	266	powers are limited to:
267	267	(1) performance of the duties necessary to hold an
268	268	election to confirm the creation of the district;
269	269	(2) registration of existing wells that are not exempt
270	270	from the district requirement to obtain a permit under this chapter
271	271	or Chapter 36, Water Code;
272	272	(3) collection of annual groundwater production
273	273	reports from wells that are not exempt from the district
274	274	requirement to obtain a permit under this chapter or Chapter 36,
275	275	Water Code; and
276	276	(4) participation in joint planning with other
277	277	districts as provided by Section 8872.021(e).
278	278	(c) The district shall adopt rules and prescribe forms
279	279	necessary to implement Subsections (b)(2) and (3).
280	280	(d) Section 36.121, Water Code, does not apply to the
281	281	district.
282	282	Sec. 8872.102 APPEAL OF ACTION BY THE DISTRICT. (a)
283	283	Section 36.066, Water Code, does not apply to the district.
284	284	(b) Not later than the 120th day after the date on which the
285	285	district takes an official action, an affected person must file a
286	286	petition for review with the Development board to appeal the
287	287	validity of the district's action.
288	288	(c) Upon receipt of the petition, the Development board
289	289	shall conduct an administrative review and make a determination as
290	290	to whether the contested action taken by the district meets the
291	291	requirements of this chapter.
292	292	(d) The Development board must complete and deliver the
293	293	determination described in subsection (c) to the District and
294	294	appealing party not later than the 120th day after the date the
295	295	Development board receives a copy of the petition.
296	296	(e) The Development board's determination under subsection
297	297	(c) is final and non-appealable in the courts of this state except
298	298	to the extent the official action fails to conform with laws
299	299	relating to conflicts of interest, abuse of office, or
300	300	constitutional obligations.
301	301	Sec. 8872.103. NO EMINENT DOMAIN POWER. The district may
302	302	not exercise the power of eminent domain.
303	303	Sec. 8872.104. PERMITS: RULES. (a) The district shall
304	304	adopt rules to:
305	305	(1) require a person to obtain a permit from the
306	306	district to drill and produce groundwater from a well, including an
307	307	existing well, unless the well is exclusively for agricultural,
308	308	domestic, or household use or is otherwise exempt from permitting
309	309	under this chapter or Chapter 36, Water Code;
310	310	(2) regulate the terms of a transfer of groundwater
311	311	out of the district;
312	312	(3) regulate the spacing of wells drilled after
313	313	September 1, 2019, to prevent unreasonable adverse interference
314	314	with other wells;
315	315	(4) provide for the uniform and nondiscriminatory
316	316	reduction or curtailment of the production of groundwater by all
317	317	permit holders the district, if necessary, to protect spring flow
318	318	and base flow and reduce aquifer drawdown;
319	319	(5) provide for permit-specific provisions requiring
320	320	production curtailment or the injection of a nontoxic tracer dye as
321	321	part of a hydrologic study, if necessary, to protect spring flow and
322	322	base flow and reduce aquifer drawdown;
323	323	(6) limit groundwater production:
324	324	(A) by the spacing of wells;
325	325	(B) by basing production on acreage or tract
326	326	size; or
327	327	(C) for a public water supplier, by basing
328	328	production on the service area of the supplier; and
329	329	(7) require the owner of a well that is not exempt from
330	330	the district requirement to obtain a permit under this chapter or
331	331	Chapter 36, Water Code, to report to the district in January of each
332	332	year the annual production of groundwater from the well based on
333	333	metered production.
334	334	(b) The terms of a permit that authorizes the production of
335	335	groundwater for transfer out of the district for beneficial use
336	336	must be consistent with applicable law, including Section 36.122,
337	337	Water Code, and may not be more restrictive than the terms of a
338	338	permit authorizing the production of groundwater for beneficial use
339	339	inside the district.
340	340	(c) The district may establish permit conditions and
341	341	limitations as provided by Section 36.122, Water Code.
342	342	Sec. 8872.105. PERMITS: LANDOWNERS GENERALLY. The district
343	343	shall grant a permit for commercial use that authorizes a person to
344	344	drill one or more wells not to exceed 12 inches in diameter on land
345	345	owned or controlled by the person through a lease or other legal
346	346	right.
347	347	Sec. 8872.106. PERMITS: CITY. The district shall grant the
348	348	city permits in the city's name that authorize the city to pump from
349	349	all wells operated or controlled by the city a cumulative volume of
350	350	groundwater of 18,400 acre-feet per year.
351	351	Sec. 8872.107. PERMITS: RETAIL PUBLIC UTILITY. (a) The
352	352	district shall grant a permit to a retail public utility in the
353	353	district or to a political subdivision other than the city that is
354	354	providing water or sewer service on or before the effective date of
355	355	the Act enacting this chapter. The permit must authorize the
356	356	production of a cumulative volume of groundwater from the wells
357	357	owned by the entity in an amount equal to the amount of groundwater
358	358	required to meet the entity's current and projected needs as
359	359	determined under Section 13.250, Water Code.
360	360	(b) The permitted entity may not resell the groundwater
361	361	produced under the permit to any person for use or resale outside
362	362	the entity's service area, including the area covered by a
363	363	certificate of convenience and necessity, and must put the water to
364	364	beneficial use within the entity's service area, except with the
365	365	written approval of the district.
366	366	Sec. 8872.108. PERMITS: EXISTING COMMERCE AND INDUSTRY.
367	367	The district shall grant a permit for the production of groundwater
368	368	from an existing well that is beneficially used for commercial or
369	369	industrial purposes outside the limits or the extraterritorial
370	370	jurisdiction of the city. The permit must authorize the production
371	371	of a cumulative volume of groundwater that is equal to the maximum
372	372	historic use as proven by the person seeking the permit.
373	373	Sec. 8872.109. WELL REGISTRATION. A permit issued under
374	374	this chapter authorizing the production of groundwater from the
375	375	aquifer must also authorize the drilling and operation of a well or
376	376	wells in the aquifer, and must require the permit holder to:
377	377	(1) register each well with the district at no cost;
378	378	and
379	379	(2) file a copy of the well driller's log with the
380	380	district on completion of each well.
381	381	Sec. 8872.110. PROPERTY RIGHTS. (a) A permit issued by the
382	382	district for the drilling, operation, or production of a well is
383	383	appurtenant to the real property on which the well is located.
384	384	Ownership of the groundwater, or the right to use and produce the
385	385	groundwater authorized by the permit, may be sold, leased,
386	386	assigned, or otherwise transferred by the owner, provided that the
387	387	rights granted by the permit to drill a well and to produce
388	388	groundwater are exercised on the real property described in the
389	389	permit based on the actual production authorized by the permit.
390	390	(b) Except as provided by this chapter, groundwater
391	391	produced as authorized by a permit, once captured at the wellhead,
392	392	may be beneficially used for any lawful purpose at any location,
393	393	whether on or off the real property to which the permit is attached,
394	394	provided that any beneficial use outside the boundaries of the
395	395	district is authorized by a transport permit issued by the
396	396	district.
397	397	Sec. 8872.111. REDUCTION AND CURTAILMENT. (a) The board by
398	398	rule may provide for the reduction and curtailment of the
399	399	production of groundwater from a well permitted under this chapter
400	400	to protect spring flow and base flow and reduce drawdown in
401	401	accordance with Sections 8872.104(a)(4) and (5) only if river flow
402	402	and spring discharge conditions fall below the minimum standards
403	403	described by Sec. 8872.0035.
404	404	(b) To implement a reduction or curtailment, the district
405	405	may, to the extent not otherwise authorized by Section 36.101(a),
406	406	Water Code, limit groundwater production as provided by district
407	407	rules.
408	408	(c) Rules adopted by the board requiring a reduction or
409	409	curtailment of the production of groundwater must be applied on a
410	410	proportional, uniform, and nondiscriminatory basis to all
411	411	production, unless the cause or condition requiring reduction or
412	412	curtailment is limited to a management zone created under Section
413	413	8872.112.
414	414	(d) This Section does not apply to provisions described by
415	415	Sec. 8872.104(a)(5) requiring the reduction or curtailment of the
416	416	production of groundwater for a specific well or permit.
417	417	Sec. 8872.112. MANAGEMENT ZONES. (a) The district shall
418	418	establish three management zones to better manage the groundwater
419	419	resources and may adopt different rules to regulate production from
420	420	the management zones based on acreage, tract size, or the service
421	421	area of a public water supplier. The boundaries of the management
422	422	zones shall be established as follows:
423	423	(1) The San Felipe Springs Management Zone shall
424	424	comprise all of the territory contained within the following
425	425	described area:
426	426	BEGINNING: At the point at which U.S. Highway 77 intersects
427	427	with the Eastern boundary of Val Verde County;
428	428	THENCE: Along the Southeasterly right-of-way line of U.S.
429	429	Route 77 to the junction of U.S. Route 90 and U.S. Route 377;
430	430	THENCE: Along the Easterly right-of-way line of U.S. Route 90
431	431	to the junction of U.S. Route 90 and Texas Highway 349, to the
432	432	Southwestern boundary of Val Verde County;
433	433	THENCE: Eastward along the border of Val Verde County, and in
434	434	a Northward direction along the border of Val Verde County to the
435	435	POINT OF BEGINNING.
436	436	(2) The Devil's River Management Zone shall comprise
437	437	all of the territory contained within the following described area:
438	438	BEGINNING: At the point at which U.S. Highway 77 intersects
439	439	with the Eastern boundary of Val Verde County;
440	440	THENCE: Along the Southeasterly right-of-way line of U.S.
441	441	Route 77 to the junction of U.S. Route 90 and U.S. Route 377;
442	442	THENCE: Along the Northerly right-of-way of U.S. Route 90 to
443	443	the junction of U.S. Route 90 and Texas Ranch to Market Road 1024;
444	444	THENCE: Along the Northerly right-of-way of Texas Ranch to
445	445	Market Road 1024 to the point that Texas Ranch to Market Road 1024
446	446	bears in a Westerly direction at an approximate latitude of
447	447	30.188886 and an approximate longitude of -101.331504;
448	448	THENCE: Northwesterly to the Northern boundary of Val Verde
449	449	County;
450	450	THENCE: Easterly along the boundary of Val Verde County and
451	451	Southerly along the boundary of Val Verde County to the POINT OF
452	452	BEGINNING.
453	453	(3) The Pecos River Management Zone shall comprise all
454	454	of the territory contained within the following described area:
455	455	BEGINNING: At the point Texas Highway 349 intersects with the
456	456	Southeastern boundary of Val Verde County;
457	457	THENCE: Northwesterly along the boundary of Val Verde County;
458	458	continuing along the county's border until the Western boundary of
459	459	the Devil's River Management Zone;
460	460	THENCE: Southerly along the Western Boundary of the Devil's
461	461	River Management Zone to the POINT OF BEGINNING.
462	462	(b) The district must regulate the production of
463	463	groundwater in a management zone on a proportional, uniform, and
464	464	nondiscriminatory basis, except such permit or well-specific
465	465	actions as may be required by Sec. 8872.104(a)(5).
466	466	(c) The Devil's River is designated a river segment of
467	467	unique ecological value as described by Water Code Section
468	468	16.051(f).
469	469	Sec. 8872.113. PERMIT RENEWAL. (a) Except as provided by
470	470	Subsection (b), the district shall without a hearing renew or
471	471	approve an application to renew an operating permit before the date
472	472	on which the permit expires, provided that:
473	473	(1) the application, if required by the district, is
474	474	submitted in a timely manner and accompanied by any required fees in
475	475	accordance with district rules; and
476	476	(2) the permit holder is not requesting a change
477	477	related to the renewal that would require a permit amendment under
478	478	district rules.
479	479	(b) The district is not required to renew a permit under
480	480	this section if the applicant:
481	481	(1) is delinquent in paying a fee required by the
482	482	district;
483	483	(2) is subject to a pending enforcement action for a
484	484	substantive violation of a district permit, order, or rule that has
485	485	not been settled by agreement with the district or a final
486	486	adjudication; or
487	487	(3) has not paid a civil penalty or has otherwise
488	488	failed to comply with an order resulting from a final adjudication
489	489	of a violation of a district permit, order, or rule.
490	490	(c) If the district is not required to renew a permit under
491	491	Subsection (b)(2), the permit remains in effect until the final
492	492	settlement or adjudication on the matter of the substantive
493	493	violation.
494	494	Sec. 8872.114. AGRICULTURAL, HOUSEHOLD, AND DOMESTIC USE
495	495	UNRESTRICTED; LIMITATION ON PERMIT REQUIREMENTS. (a) The District
496	496	may not require a person to install a meter or obtain a permit from
497	497	the district for a well used to produce groundwater solely inside
498	498	the district for domestic, household, or agricultural use. The
499	499	District shall require a person to install a meter and obtain a
500	500	permit from the district for commercial use, industrial use, or
501	501	transport outside the District.
502	502	(b) The District shall not restrict the production of a well
503	503	solely for domestic, household, or agricultural use.
504	504	(c) An owner of a well for domestic, household, or
505	505	agricultural use described by this section shall register the well
506	506	with the district.
507	507	(d) The district may not require a permit or a permit
508	508	amendment for the maintenance or repair of a well that is not exempt
509	509	from permitting under this chapter or Chapter 36, Water Code, if the
510	510	maintenance or repair does not make the well capable of producing an
511	511	amount of groundwater that is greater than the production amounts
512	512	provided by the well's permit.
513	513	(e) Nothing in Subsection (a) prevents the applicability in
514	514	the district of Section 36.113(a), Water Code.
515	515	Sec. 8872.115. PROHIBITION ON DISTRICT PURCHASE, SALE,
516	516	TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
517	517	purchase, sell, transport, or distribute surface water or
518	518	groundwater for any purpose.
519	519	Sec. 8872.116. RIGHT TO ENTER LAND. Section 36.123, Water
520	520	Code, which authorizes a district's employees or agents to go on and
521	521	inspect the property of a landowner, applies to the district
522	522	provided that:
523	523	(1) access is subject to written notice to the
524	524	landowner; and
525	525	(2) the district's employees and agents are prohibited
526	526	from carrying firearms on the landowner's property.
527	527	Sec. 8872.117. WATER CONSERVATION INITIATIVE. The district
528	528	may create a water conservation initiative as provided by Section
529	529	11.32, Tax Code.
530	530	Sec. 8872.118. REGIONAL GROUNDWATER PLANNING. (a) The
531	531	district shall obtain or develop groundwater models for use in
532	532	planning and management of the aquifer and to assist the district in
533	533	the district's role as a member of the groundwater management area
534	534	in which the district is located.
535	535	(b) The district, to the extent possible and through the
536	536	designated representative for the groundwater management area in
537	537	which the district is located, shall diligently pursue an increase
538	538	in the managed available groundwater and an improvement in the
539	539	desired future conditions for the aquifer as compared to those
540	540	indicators for the aquifer on January 1, 2019.
541	541	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
542	542	Sec. 8872.151. LIMITATION ON TAXES. The district may not
543	543	impose ad valorem taxes at a rate that exceeds three cents on each
544	544	$100 valuation of taxable property in the district.
545	545	Sec. 8872.152. APPLICABILITY OF CERTAIN TAX PROVISIONS.
546	546	(a) Sections 26.04, 26.05, 26.06, and 26.07, Tax Code, do not apply
547	547	to a tax imposed by the district.
548	548	(b) Section 49.236, Water Code, as added by Chapter 248
549	549	(H.B. 1541), Acts of the 78th Legislature, Regular Session, 2003,
550	550	applies to the district.
551	551	Sec. 8872.153. FEES. (a) The board by rule may impose
552	552	uniform, reasonable, equitable, and nondiscriminatory annual
553	553	production fees on the amount of permitted water actually produced
554	554	from each well.
555	555	(b) A production fee must be consistent with Section 36.205,
556	556	Water Code, and may be based on:
557	557	(1) the size of column pipe used by the well; or
558	558	(2) the amount of water actually withdrawn from the
559	559	well, or the amount authorized or anticipated to be withdrawn.
560	560	(c) The district may assess a uniform and nondiscriminatory
561	561	export fee consistent with Section 36.122, Water Code, on
562	562	groundwater that is produced from a well inside the district and
563	563	transferred outside the district.
564	564	(d) The district may set fees by rule or resolution relating
565	565	to administrative acts of the district, including filing
566	566	applications, reviewing and processing permits, conducting permit
567	567	hearings, providing public notice, and paying costs of legal fees,
568	568	expert fees, and hearing facility rental fees. The district may not
569	569	assess a fee in an amount greater than $250 for processing permits.
570	570	SECTION 2. (a) The legal notice of the intention to
571	571	introduce this Act, setting forth the general substance of this
572	572	Act, has been published as provided by law, and the notice and a
573	573	copy of this Act have been furnished to all persons, agencies,
574	574	officials, or entities to which they are required to be furnished
575	575	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
576	576	Government Code.
577	577	(b) The governor, one of the required recipients, has
578	578	submitted the notice and Act to the Texas Commission on
579	579	Environmental Quality.
580	580	(c) The Texas Commission on Environmental Quality has filed
581	581	its recommendations relating to this Act with the governor, the
582	582	lieutenant governor, and the speaker of the house of
583	583	representatives within the required time.
584	584	(d) All requirements of the constitution and laws of this
585	585	state and the rules and procedures of the legislature with respect
586	586	to the notice, introduction, and passage of this Act are fulfilled
587	587	and accomplished.
588	588	SECTION 3. This Act takes effect immediately if it receives
589	589	a vote of two-thirds of all the members elected to each house, as
590	590	provided by Section 39, Article III, Texas Constitution. If this
591	591	Act does not receive the vote necessary for immediate effect, this
592	592	Act takes effect September 1, 2019.