88R8762 MP-F
By: Raymond H.B. No. 5401
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Webb County Groundwater
Conservation District; providing authority to impose fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8889 to read as follows:
CHAPTER 8889. WEBB COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8889.0101. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Commissioners court" means the Webb County
Commissioners Court.
(3) "Director" means a member of the board.
(4) "District" means the Webb County Groundwater
Conservation District.
Sec. 8889.0102. NATURE OF DISTRICT. The district is a
groundwater conservation district in Webb County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8889.0103. 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. 8889.0104. DISTRICT TERRITORY. The district's
boundaries are coextensive with the boundaries of Webb County,
unless the district's territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8889.0201. COMPOSITION OF BOARD. The district is
governed by a board of six appointed directors.
Sec. 8889.0202. TERMS AND APPOINTMENT OF DIRECTORS. (a)
Directors serve staggered four-year terms. Directors are appointed
by the commissioners court as follows:
(1) one director is appointed to represent a water
supply corporation in the county;
(2) one director is appointed to represent municipal
interests in the county; and
(3) four directors are appointed with one director
appointed from each of the four commissioners court precincts.
(b) To be appointed under this section, a person:
(1) to the extent practicable, should be familiar with
the use of water by industry and commerce, municipal and rural
utilities, agriculture, and private wells; and
(2) does not need to be a registered voter or own land
in Webb County.
(c) To the extent practicable:
(1) at least one director should be a licensed
attorney with experience in groundwater regulation; and
(2) at least one director should be a registered
professional engineer.
Sec. 8889.0203. VACANCIES. If there is a vacancy on the
board, the commissioners court shall appoint a person to fill the
vacancy for the remainder of the term in a manner that meets the
representational requirements of Section 8889.0202.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8889.0301. GROUNDWATER CONSERVATION DISTRICT POWERS
AND DUTIES. The district has the rights, powers, privileges,
functions, 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. 8889.0302. PROTECTION OF GROUNDWATER QUALITY. (a) To
the extent authorized by law, the district may participate in the
regulation of the disposal of waste into an aquifer in Webb County,
including the Carrizo-Wilcox Aquifer.
(b) In response to an application filed with a state agency
to dispose of waste that could affect the water quality of the
Carrizo-Wilcox Aquifer within Webb County, the state agency shall
provide the district with notice of the application and give the
district the opportunity to participate in any hearings on the
application.
Sec. 8889.0303. LIMITATION ON TAXES. The district may not
impose a tax in the district.
Sec. 8889.0304. FEES. The district may assess a fee as
authorized by Section 36.205, Water Code.
Sec. 8889.0305. NO EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
SECTION 2. Not later than December 31, 2023, the Webb County
Commissioners Court shall appoint the directors of the Webb County
Groundwater Conservation District as provided by Section
8889.0202, Special District Local Laws Code, as added by this Act.
SECTION 3. Until new desired future conditions are approved
by Groundwater Management Area 13 with the participation of the
Webb County Groundwater Conservation District, the modeled
available groundwater from the Carrizo-Wilcox Aquifer in Webb
County is considered to be 50,000 acre-feet per year for the purpose
of amendments to the 2021 Region M regional water plan.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy 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 Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to 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 Act are fulfilled
and accomplished.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.