Texas 2021 - 87th Regular

Texas Senate Bill SB656 Compare Versions

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

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1	1	87R4581 BRG-F
2	2	By: Gutierrez S.B. No. 656
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. 8872.0101. DEFINITIONS. (a) Except as provided by
16	16	Subsection (b), the definitions in Section 36.001, Water Code,
17	17	apply to this chapter.
18	18	(b) In this chapter:
19	19	(1) "Aquifer" means that part of the Edwards-Trinity
20	20	(Plateau) Aquifer located in Val Verde County.
21	21	(2) "Board" means the board of directors of the
22	22	district.
23	23	(3) "City" means the City of Del Rio.
24	24	(4) "City council" means the city council of the city.
25	25	(5) "Commissioners court" means the Val Verde County
26	26	Commissioners Court.
27	27	(6) "County" means Val Verde County.
28	28	(7) "Development board" means the Texas Water
29	29	Development Board.
30	30	(8) "Director" means a member of the board.
31	31	(9) "District" means the Val Verde County Groundwater
32	32	Conservation District.
33	33	(10) "Domestic use" means the use of groundwater in
34	34	the 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	(11) "Existing well" means a well that is completed to
49	49	produce groundwater in Val Verde County on or before January 1,
50	50	2021. The term includes a well that is reworked or repaired after
51	51	January 1, 2021, 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	2021.
55	55	(12) "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, 2021.
58	58	(13) "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	Sec. 8872.0102. NATURE OF DISTRICT; PURPOSE. (a) The
65	65	district is a groundwater conservation district in Val Verde County
66	66	created under and essential to accomplish the purposes of Section
67	67	59, Article XVI, Texas Constitution, including:
68	68	(1) the permitting, recharge, conservation,
69	69	protection, and prevention of the waste of groundwater in Val Verde
70	70	County;
71	71	(2) the control of subsidence caused by the
72	72	unreasonable withdrawal of groundwater;
73	73	(3) the regulation of transporting groundwater
74	74	outside the boundaries of the district;
75	75	(4) the regulation of groundwater production and the
76	76	implementation of drought management and conservation plans for the
77	77	reduction of drawdown when conditions warrant action to protect
78	78	spring flow and base flow;
79	79	(5) the maintenance of sufficient river flows during
80	80	periods of drought and water shortage to protect endangered species
81	81	and the habitats of endangered species;
82	82	(6) the development, with the assistance of the
83	83	development board, the Parks and Wildlife Department, and the Texas
84	84	Commission on Environmental Quality, of empirical groundwater flow
85	85	models to inform the district's groundwater management; and
86	86	(7) the management of the issuance of permits by
87	87	requiring studies and groundwater availability model analyses of
88	88	permit applications that include the use of conservation triggers
89	89	to mitigate the impact on spring flow, base flow, and drawdown.
90	90	(b) The district is created to serve a public use and
91	91	benefit.
92	92	(c) All of the land and other property included within the
93	93	boundaries of the district will benefit from the works and projects
94	94	that are to be accomplished by the district under powers conferred
95	95	by Section 59, Article XVI, Texas Constitution, this chapter, and
96	96	Chapter 36, Water Code.
97	97	Sec. 8872.0103. CONFIRMATION ELECTION REQUIRED. If the
98	98	creation of the district is not confirmed at a confirmation
99	99	election held under Section 8872.0153 before September 1, 2026:
100	100	(1) the district is dissolved September 1, 2026,
101	101	except that:
102	102	(A) any debts incurred shall be paid;
103	103	(B) any assets that remain after the payment of
104	104	debts shall be transferred to the county and the city in proportion
105	105	to the amount each entity has contributed to the costs of the
106	106	confirmation election and district operations; and
107	107	(C) the organization of the district shall be
108	108	maintained until all debts are paid and remaining assets are
109	109	transferred; and
110	110	(2) this chapter expires September 1, 2028.
111	111	Sec. 8872.0104. INITIAL DISTRICT TERRITORY. The boundaries
112	112	of the district are coextensive with the boundaries of the county.
113	113	SUBCHAPTER A-1. TEMPORARY PROVISIONS
114	114	Sec. 8872.0151. APPOINTMENT OF TEMPORARY DIRECTORS;
115	115	VACANCIES; TERMS. (a) As soon as practicable after the effective
116	116	date of the Act enacting this chapter, nine temporary directors
117	117	shall be appointed as follows:
118	118	(1) three temporary directors shall be appointed by
119	119	the commissioners court;
120	120	(2) three temporary directors shall be appointed by
121	121	the city council; and
122	122	(3) three temporary directors shall be appointed
123	123	jointly by the commissioners court, the city council, and the mayor
124	124	of the city.
125	125	(b) An individual appointed to serve as a temporary director
126	126	must be at least 18 years of age and be:
127	127	(1) a registered voter of the county; or
128	128	(2) an owner of taxable property in the county.
129	129	(c) If there is a vacancy on the temporary board of
130	130	directors of the district, the remaining temporary directors shall
131	131	appoint a person to fill the vacancy in a manner that meets the
132	132	representational requirements of this section.
133	133	(d) Temporary directors serve until the earlier of:
134	134	(1) the date the temporary directors become initial
135	135	directors under Section 8872.0155; or
136	136	(2) the date this chapter expires under Section
137	137	8872.0103.
138	138	(e) Before the confirmation election under Section
139	139	8872.0153, the presiding officer of the district or the presiding
140	140	officer's designee may represent the district in the joint planning
141	141	process under Section 36.108, Water Code, and shall be considered a
142	142	voting district representative.
143	143	Sec. 8872.0152. ORGANIZATIONAL MEETING OF TEMPORARY
144	144	DIRECTORS. (a) As soon as practicable after all the temporary
145	145	directors have qualified under Section 36.055, Water Code, a
146	146	majority of the temporary directors shall convene the
147	147	organizational meeting of the district at a location within the
148	148	district agreeable to a majority of the directors. If an agreement
149	149	on location cannot be reached, the organizational meeting shall be
150	150	at the Val Verde County Courthouse.
151	151	(b) At the organizational meeting described by Subsection
152	152	(a), the temporary directors shall:
153	153	(1) elect a president as presiding officer, vice
154	154	president, secretary, and treasurer;
155	155	(2) schedule the confirmation election described by
156	156	Section 8872.0153; and
157	157	(3) notify the applicable groundwater management area
158	158	of the district's creation, subject to confirmation under Section
159	159	8872.0153.
160	160	Sec. 8872.0153. CONFIRMATION ELECTION. (a) The temporary
161	161	board shall order an election to be held on the uniform election
162	162	date in November following January 1, 2022, to confirm the creation
163	163	of the district and authorize the collection of taxes.
164	164	(b) The ballot for the election must be printed to permit
165	165	voting for or against the following proposition: "The creation of
166	166	the Val Verde County Groundwater Conservation District and the
167	167	imposition of an ad valorem tax in the district at a rate not to
168	168	exceed three cents for each $100 of assessed valuation."
169	169	(c) Except as provided by this section, a confirmation
170	170	election must be conducted as provided by Sections 36.017(b)-(i),
171	171	Water Code, and the Election Code.
172	172	(d) If the district's creation is not confirmed at an
173	173	election held under this section, the temporary directors may order
174	174	one or more subsequent elections to be held to confirm the creation
175	175	of the district not earlier than the first anniversary of the
176	176	preceding confirmation election. If the district's creation is not
177	177	confirmed at an election held under this section before September
178	178	1, 2026, the district is dissolved in accordance with Section
179	179	8872.0103.
180	180	(e) The costs of an election held under this section shall
181	181	be paid equally by the county and the city.
182	182	Sec. 8872.0154. LIMITED POWERS OF DISTRICT BEFORE
183	183	CONFIRMATION. (a) Before confirmation of the district, the
184	184	district's powers are limited to:
185	185	(1) performance of the duties necessary to hold an
186	186	election to confirm the creation of the district;
187	187	(2) registration of existing wells that are not exempt
188	188	from the district requirement to obtain a permit under this chapter
189	189	or Chapter 36, Water Code;
190	190	(3) collection of annual groundwater production
191	191	reports from wells that are not exempt from the district
192	192	requirement to obtain a permit under this chapter or Chapter 36,
193	193	Water Code; and
194	194	(4) participation in joint planning under Section
195	195	36.108, Water Code.
196	196	(b) The district shall adopt rules and prescribe forms
197	197	necessary to implement Subsections (a)(2) and (3).
198	198	Sec. 8872.0155. INITIAL DIRECTORS. (a) If the creation of
199	199	the district is confirmed at an election held under Section
200	200	8872.0153, the temporary directors become the initial directors and
201	201	serve until successor directors are appointed under Section
202	202	8872.0202.
203	203	(b) The initial directors shall provide notice to the
204	204	members of the groundwater management area in which the district is
205	205	located that the creation of the district is confirmed.
206	206	Sec. 8872.0156. EXPIRATION OF SUBCHAPTER. This subchapter
207	207	expires September 1, 2028.
208	208	SUBCHAPTER B. BOARD OF DIRECTORS
209	209	Sec. 8872.0201. COMPOSITION OF BOARD. The district is
210	210	governed by a board of nine directors.
211	211	Sec. 8872.0202. TERMS; APPOINTMENT OF DIRECTORS;
212	212	VACANCIES; QUALIFICATIONS. (a) Directors serve staggered
213	213	four-year terms, with five or four terms expiring December 1 every
214	214	other year. The directors must be appointed as follows:
215	215	(1) one director appointed by the commissioners court
216	216	to represent each of the three management zones established by
217	217	Section 8872.0311;
218	218	(2) one director appointed jointly by the city council
219	219	and mayor of the city to represent each of the three management
220	220	zones established by Section 8872.0311; and
221	221	(3) one director appointed jointly by the
222	222	commissioners court, the city council, and the mayor of the city to
223	223	represent each of the three management zones established by Section
224	224	8872.0311.
225	225	(b) An individual appointed to serve as a director must be a
226	226	registered voter of the county.
227	227	(c) An individual appointed to serve as a director
228	228	representing a management zone must own taxable property in the
229	229	management zone.
230	230	(d) A director may serve consecutive terms.
231	231	Sec. 8872.0203. VACANCIES. (a) If there is a vacancy on
232	232	the board, a majority of the board shall appoint an individual to
233	233	fill the vacancy for the remainder of the term of the vacant
234	234	director place. The individual appointed to fill the vacancy must
235	235	meet the qualifications under Section 8872.0202 for the vacant
236	236	place.
237	237	(b) If the board has not filled a vacancy before the 90th day
238	238	after the date of the vacancy, the county judge of the county and
239	239	the mayor of the city jointly shall appoint an individual who meets
240	240	the qualifications under Section 8872.0202 for the vacant place to
241	241	serve as director for the remainder of the term being filled.
242	242	Sec. 8872.0204. COMPENSATION. (a) A director is not
243	243	entitled to receive compensation for performing the duties of a
244	244	director.
245	245	(b) The board may authorize a director to receive
246	246	reimbursement for the director's reasonable and actual expenses
247	247	incurred while engaging in activities inside or outside the
248	248	district on behalf of the board.
249	249	Sec. 8872.0205. BOARD OFFICERS. (a) At the first meeting
250	250	of the board in each calendar year, the board shall elect directors
251	251	to serve as the president, vice president, secretary, and
252	252	treasurer.
253	253	(b) The president shall serve as the presiding officer of
254	254	the board.
255	255	(c) The treasurer shall serve as the financial officer of
256	256	the district.
257	257	SUBCHAPTER C. POWERS AND DUTIES
258	258	Sec. 8872.0301. GENERAL POWERS. Except as otherwise
259	259	provided by this chapter, the district has all of the rights,
260	260	powers, privileges, functions, and duties provided by the general
261	261	law of this state applicable to groundwater conservation districts
262	262	created under Section 59, Article XVI, Texas Constitution,
263	263	including Chapter 36, Water Code.
264	264	Sec. 8872.0302. LIMITATION ON RULEMAKING POWER NOT
265	265	APPLICABLE. Section 36.121, Water Code, does not apply to the
266	266	district.
267	267	Sec. 8872.0303. PERMITS: RULES. (a) The district shall
268	268	adopt rules to:
269	269	(1) require a person to obtain a permit from the
270	270	district to drill and produce groundwater from a well, including an
271	271	existing well, unless the well is exclusively for agricultural or
272	272	domestic use or otherwise exempt from permitting under this chapter
273	273	or Chapter 36, Water Code;
274	274	(2) regulate the terms of a transfer of groundwater
275	275	out of the district;
276	276	(3) regulate the spacing of wells drilled after
277	277	September 1, 2021, to prevent unreasonable adverse interference
278	278	with other wells;
279	279	(4) provide for the uniform and nondiscriminatory
280	280	reduction or curtailment of the production of groundwater by all
281	281	permit holders in the district, if necessary, to protect spring
282	282	flow and base flow and reduce aquifer drawdown;
283	283	(5) limit groundwater production:
284	284	(A) by the spacing of wells;
285	285	(B) by basing production on acreage or tract
286	286	size; or
287	287	(C) for a public water supplier, by basing
288	288	production on the service area of the supplier;
289	289	(6) provide for permit provisions that allow the
290	290	reduction or curtailment of the production of groundwater, if
291	291	necessary, to protect spring flow and base flow and reduce aquifer
292	292	drawdown;
293	293	(7) allow for the injection of a nontoxic tracer dye as
294	294	part of a hydrological study; and
295	295	(8) require the owner of a well that is not exempt from
296	296	the district requirement to obtain a permit under this chapter or
297	297	Chapter 36, Water Code, to report to the district in January of each
298	298	year the annual production of groundwater from the well based on
299	299	metered production.
300	300	(b) The terms of a permit that authorizes the production of
301	301	groundwater for transfer out of the district for beneficial use
302	302	must be consistent with applicable law, including Section 36.122,
303	303	Water Code, and may not be more restrictive than the terms of a
304	304	permit authorizing the production of groundwater for beneficial use
305	305	inside the district.
306	306	(c) The district may establish permit conditions and
307	307	limitations as provided by Section 36.122, Water Code.
308	308	(d) The district may not require a permit or a permit
309	309	amendment for the maintenance or repair of a well that is not exempt
310	310	from permitting under this chapter or Chapter 36, Water Code, if the
311	311	maintenance or repair does not make the well capable of producing an
312	312	amount of groundwater that is greater than the production amounts
313	313	provided by the well's permit.
314	314	Sec. 8872.0304. PERMITS: CITY. The district shall grant to
315	315	the city permits in the city's name that authorize the city to pump
316	316	from all wells operated or controlled by the city a cumulative
317	317	volume of groundwater of 18,400 acre-feet per year.
318	318	Sec. 8872.0305. PERMITS: RETAIL PUBLIC UTILITY. (a) In
319	319	this section, "retail public utility" has the meaning assigned by
320	320	Section 13.002, Water Code.
321	321	(b) The district shall grant a permit to a retail public
322	322	utility in the district or to a political subdivision other than the
323	323	city that is providing water or sewer service on or before the
324	324	effective date of the Act enacting this chapter. The permit must
325	325	authorize the production of a cumulative volume of groundwater from
326	326	the wells owned by the entity in an amount equal to the amount of
327	327	groundwater required to meet the entity's current and projected
328	328	needs as determined under Section 13.250, Water Code.
329	329	(c) Unless the district has authorized otherwise in
330	330	writing, a permitted entity may not resell groundwater produced
331	331	under the permit to any person for use or resale outside the
332	332	entity's service area, including the area covered by a certificate
333	333	of convenience and necessity, and must put the produced water to
334	334	beneficial use in the entity's service area.
335	335	Sec. 8872.0306. PERMITS: COMMERCIAL, INDUSTRIAL, AND
336	336	TRANSPORT. (a) The district shall require a person to install a
337	337	meter and obtain a permit from the district for commercial use,
338	338	industrial use, or transport outside the district.
339	339	(b) The district shall grant a permit for commercial use
340	340	that authorizes a person to drill one or more wells not to exceed 12
341	341	inches in diameter on land owned or controlled by the person through
342	342	a lease or other legal right.
343	343	(c) The district shall grant a permit for the production of
344	344	groundwater from an existing well that is beneficially used for
345	345	commercial or industrial purposes outside the limits or the
346	346	extraterritorial jurisdiction of the city. The permit must
347	347	authorize the production of a cumulative volume of groundwater that
348	348	is equal to the maximum historic use as proven by the person seeking
349	349	the permit.
350	350	Sec. 8872.0307. PERMIT RENEWAL. (a) Except as provided by
351	351	Subsection (b), the district without a hearing shall renew or
352	352	approve an application to renew an operating permit before the date
353	353	on which the permit expires, provided that:
354	354	(1) the application, if required by the district, is
355	355	submitted in a timely manner and accompanied by any required fees in
356	356	accordance with district rules; and
357	357	(2) the permit holder is not requesting a change
358	358	related to the renewal that would require a permit amendment under
359	359	district rules.
360	360	(b) The district is not required to renew a permit under
361	361	this section if the applicant:
362	362	(1) is delinquent in paying a fee required by the
363	363	district;
364	364	(2) is subject to a pending enforcement action for a
365	365	substantive violation of a district permit, order, or rule that has
366	366	not been settled by agreement with the district or a final
367	367	adjudication; or
368	368	(3) has not paid a civil penalty or has otherwise
369	369	failed to comply with an order resulting from a final adjudication
370	370	of a violation of a district permit, order, or rule.
371	371	(c) If the district is not required to renew a permit under
372	372	Subsection (b)(2), the permit remains in effect until the final
373	373	settlement or adjudication on the matter of the substantive
374	374	violation.
375	375	Sec. 8872.0308. AGRICULTURAL AND DOMESTIC USE. (a) The
376	376	district may not require a person to install a meter or obtain a
377	377	permit from the district for a well that produces groundwater only
378	378	for domestic or agricultural use in the district's territory.
379	379	(b) The district may not restrict the production of a well
380	380	that produces groundwater only for domestic or agricultural use.
381	381	(c) An owner of a well that produces groundwater for
382	382	domestic or agricultural use shall register the well with the
383	383	district.
384	384	(d) Subsection (a) does not affect the applicability in the
385	385	district of Section 36.113(a), Water Code.
386	386	Sec. 8872.0309. WELL REGISTRATION. A permit issued under
387	387	this chapter authorizing the production of groundwater from the
388	388	aquifer must also authorize the drilling and operation of a well or
389	389	wells in the aquifer, and must require the permit holder to:
390	390	(1) register each well with the district at no cost;
391	391	and
392	392	(2) file a copy of the well driller's log with the
393	393	district on completion of each well.
394	394	Sec. 8872.0310. PROPERTY RIGHTS. (a) A permit issued by
395	395	the district for the drilling, operation, or production of a well is
396	396	appurtenant to the real property on which the well is located.
397	397	Ownership of the groundwater, or the right to use and produce the
398	398	groundwater authorized by the permit, may be sold, leased,
399	399	assigned, or otherwise transferred by the owner, provided that the
400	400	rights granted by the permit to drill a well and to produce
401	401	groundwater are exercised on the real property described in the
402	402	permit based on the actual production authorized by the permit.
403	403	(b) Except as provided by this chapter, groundwater
404	404	produced as authorized by a permit, once captured at the wellhead,
405	405	may be beneficially used for any lawful purpose at any location,
406	406	whether on or off the real property to which the permit is attached,
407	407	provided that any beneficial use outside the boundaries of the
408	408	district is authorized by a transport permit issued by the
409	409	district.
410	410	Sec. 8872.0311. MANAGEMENT ZONES. (a) For the purpose of
411	411	better managing groundwater resources, the district is divided into
412	412	three management zones as follows:
413	413	(1) the San Felipe Springs Management Zone, composed
414	414	of the territory described by Section 2(a) of the Act enacting this
415	415	chapter;
416	416	(2) the Devils River Management Zone, composed of the
417	417	territory described by Section 2(b) of the Act enacting this
418	418	chapter; and
419	419	(3) the Pecos River Management Zone, composed of the
420	420	territory described by Section 2(c) of the Act enacting this
421	421	chapter.
422	422	(b) The boundaries and field notes contained in Section 2 of
423	423	the Act enacting this chapter form a closure. A mistake made in the
424	424	field notes or in copying the field notes in the legislative process
425	425	does not affect the management zone's:
426	426	(1) organization, existence, or validity; or
427	427	(2) legality or operation.
428	428	(c) The district may adopt different rules to regulate
429	429	production from the management zones based on the acreage, tract
430	430	size, or service area of the public water supplier.
431	431	(d) The district must regulate the production of
432	432	groundwater in a management zone on a proportional, uniform, and
433	433	nondiscriminatory basis, except as provided by Section
434	434	8872.0303(a)(6).
435	435	Sec. 8872.0312. REGIONAL GROUNDWATER PLANNING AND
436	436	SUSTAINABILITY. (a) The district shall obtain or develop
437	437	groundwater models for use in planning and management of the
438	438	aquifer and to assist the district in the district's role as a
439	439	member of the groundwater management area in which the district is
440	440	located.
441	441	(b) The district, to the extent possible, shall diligently
442	442	pursue the long-term health and sustainability of the aquifer
443	443	through joint planning under Section 36.108, Water Code.
444	444	Sec. 8872.0313. REDUCTION AND CURTAILMENT. (a) The board
445	445	by rule may provide for the reduction and curtailment of the
446	446	production of groundwater from a well permitted under this chapter
447	447	to protect spring flow and base flow and reduce drawdown in
448	448	accordance with Sections 8872.0303(a)(4) and (5).
449	449	(b) To implement a reduction or curtailment, the district
450	450	may, to the extent not otherwise authorized by Section 36.101(a),
451	451	Water Code, limit groundwater production as provided by district
452	452	rules.
453	453	(c) Rules adopted by the board under Sections
454	454	8872.0303(a)(4) and (5) requiring a reduction or curtailment of the
455	455	production of groundwater must be applied on a proportional,
456	456	uniform, and nondiscriminatory basis to all permitted production,
457	457	unless the condition requiring reduction or curtailment is limited
458	458	to a management zone created under Section 8872.0311.
459	459	(d) This section does not apply to a permit provision
460	460	imposed under Section 8872.0303(a)(6).
461	461	Sec. 8872.0314. RIGHT TO ENTER LAND. Section 36.123, Water
462	462	Code, which authorizes a district's employees or agents to go on and
463	463	inspect the property of a landowner, applies to the district
464	464	provided that:
465	465	(1) access is subject to written notice to the
466	466	landowner; and
467	467	(2) the district's employees and agents are prohibited
468	468	from carrying firearms on the landowner's property.
469	469	Sec. 8872.0315. WATER CONSERVATION INITIATIVE. The
470	470	district may create a water conservation initiative as provided by
471	471	Section 11.32, Tax Code.
472	472	Sec. 8872.0316. PROHIBITION ON DISTRICT PURCHASE, SALE,
473	473	TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
474	474	purchase, sell, transport, or distribute surface water or
475	475	groundwater for any purpose.
476	476	Sec. 8872.0317. NO EMINENT DOMAIN POWER. The district may
477	477	not exercise the power of eminent domain.
478	478	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
479	479	Sec. 8872.0401. LIMITATION ON TAXES. The district may not
480	480	impose ad valorem taxes at a rate that exceeds three cents on each
481	481	$100 valuation of taxable property in the district.
482	482	Sec. 8872.0402. APPLICABILITY OF CERTAIN TAX PROVISIONS.
483	483	(a) Sections 26.04, 26.05, 26.06, and 26.07, Tax Code, do not apply
484	484	to a tax imposed by the district.
485	485	(b) Section 49.236, Water Code, applies to the district.
486	486	Sec. 8872.0403. FEES. (a) The board by rule may impose
487	487	uniform, reasonable, equitable, and nondiscriminatory annual
488	488	production fees on the amount of permitted water actually produced
489	489	from each well.
490	490	(b) A production fee must be consistent with Section 36.205,
491	491	Water Code, and may be based on:
492	492	(1) the size of column pipe used by the well; or
493	493	(2) the amount of water actually withdrawn from the
494	494	well, or the amount authorized or anticipated to be withdrawn.
495	495	(c) The district may assess a uniform and nondiscriminatory
496	496	export fee consistent with Section 36.122, Water Code, on
497	497	groundwater that is produced from a well inside the district and
498	498	transferred outside the district.
499	499	(d) The district by rule or resolution may set fees relating
500	500	to administrative acts of the district, including filing
501	501	applications, reviewing and processing permits, conducting permit
502	502	hearings, providing public notice, and paying costs of legal fees,
503	503	expert fees, and hearing facility rental fees. The district may not
504	504	assess a fee in an amount greater than $250 for processing permits.
505	505	SECTION 2. (a) The San Felipe Springs Management Zone
506	506	includes all the territory contained in the following area:
507	507	BEGINNING: At the point at which U.S. Highway 77 intersects
508	508	with the Eastern boundary of Val Verde County;
509	509	THENCE: Along the Southeasterly right-of-way line of U.S.
510	510	Route 77 to the junction of U.S. Route 90 and U.S. Route 377;
511	511	THENCE: Along the Easterly right-of-way line of U.S. Route 90
512	512	to the junction of U.S. Route 90 and Texas Highway 349, to the
513	513	Southwestern boundary of Val Verde County;
514	514	THENCE: Eastward along the border of Val Verde County, and in
515	515	a Northward direction along the border of Val Verde County to the
516	516	POINT OF BEGINNING.
517	517	(b) The Devils River Management Zone includes all the
518	518	territory contained in the following area:
519	519	BEGINNING: At the point at which U.S. Highway 77 intersects
520	520	with the Eastern boundary of Val Verde County;
521	521	THENCE: Along the Southeasterly right-of-way line of U.S.
522	522	Route 77 to the junction of U.S. Route 90 and U.S. Route 377;
523	523	THENCE: Along the Northerly right-of-way of U.S. Route 90 to
524	524	the junction of U.S. Route 90 and Texas Ranch to Market Road 1024;
525	525	THENCE: Along the Northerly right-of-way of Texas Ranch to
526	526	Market Road 1024 to the point that Texas Ranch to Market Road 1024
527	527	bears in a Westerly direction at an approximate latitude of
528	528	30.188886 and an approximate longitude of -101.331504;
529	529	THENCE: Northwesterly to the Northern boundary of Val Verde
530	530	County;
531	531	THENCE: Easterly along the boundary of Val Verde County and
532	532	Southerly along the boundary of Val Verde County to the POINT OF
533	533	BEGINNING.
534	534	(c) The Pecos River Management Zone includes all the
535	535	territory contained in the following area:
536	536	BEGINNING: At the point Texas Highway 349 intersects with the
537	537	Southeastern boundary of Val Verde County;
538	538	THENCE: Northwesterly along the boundary of Val Verde County;
539	539	continuing along the county's border until the Western boundary of
540	540	the Devil's River Management Zone;
541	541	THENCE: Southerly along the Western Boundary of the Devil's
542	542	River Management Zone to the POINT OF BEGINNING.
543	543	SECTION 3. At the first meeting of the board of directors of
544	544	the Val Verde County Groundwater Conservation District that follows
545	545	the election held under Section 8872.0153, Special District Local
546	546	Laws Code, as added by this Act, the directors shall draw lots to
547	547	determine which three directors serve a term expiring December 1 of
548	548	the year two years after the date of the election and which two
549	549	directors serve a term expiring December 1 of the year four years
550	550	after the date of the election.
551	551	SECTION 4. (a) The legal notice of the intention to
552	552	introduce this Act, setting forth the general substance of this
553	553	Act, has been published as provided by law, and the notice and a
554	554	copy of this Act have been furnished to all persons, agencies,
555	555	officials, or entities to which they are required to be furnished
556	556	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
557	557	Government Code.
558	558	(b) The governor, one of the required recipients, has
559	559	submitted the notice and Act to the Texas Commission on
560	560	Environmental Quality.
561	561	(c) The Texas Commission on Environmental Quality has filed
562	562	its recommendations relating to this Act with the governor, the
563	563	lieutenant governor, and the speaker of the house of
564	564	representatives within the required time.
565	565	(d) All requirements of the constitution and laws of this
566	566	state and the rules and procedures of the legislature with respect
567	567	to the notice, introduction, and passage of this Act are fulfilled
568	568	and accomplished.
569	569	SECTION 5. This Act takes effect immediately if it receives
570	570	a vote of two-thirds of all the members elected to each house, as
571	571	provided by Section 39, Article III, Texas Constitution. If this
572	572	Act does not receive the vote necessary for immediate effect, this
573	573	Act takes effect September 1, 2021.