Texas 2023 - 88th Regular

Texas Senate Bill SB2570 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Zaffirini S.B. No. 2570
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Webb County Groundwater
7	7	Conservation District; providing authority to impose fees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle H, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8889 to read as follows:
11	11	CHAPTER 8889. WEBB COUNTY GROUNDWATER CONSERVATION DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8889.0101. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the board of directors of the
15	15	district.
16	16	(2) "Commissioners court" means the Webb County
17	17	Commissioners Court.
18	18	(3) "Director" means a member of the board.
19	19	(4) "District" means the Webb County Groundwater
20	20	Conservation District.
21	21	Sec. 8889.0102. NATURE OF DISTRICT. The district is a
22	22	groundwater conservation district in Webb County created under and
23	23	essential to accomplish the purposes of Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8889.0103. FINDINGS OF PUBLIC USE AND BENEFIT. (a)
26	26	The district is created to serve a public use and benefit.
27	27	(b) All land and other property included in the district
28	28	will benefit from the works and projects accomplished by the
29	29	district under the powers conferred by Section 59, Article XVI,
30	30	Texas Constitution.
31	31	Sec. 8889.0104. DISTRICT TERRITORY. The district's
32	32	boundaries are coextensive with the boundaries of the Legacy Water
33	33	Control and Improvement District, as described by the Webb County
34	34	Commissioners Court Order No. 05-09-2022-23, unless the district's
35	35	territory has been modified under:
36	36	(1) Subchapter J or K, Chapter 36, Water Code; or
37	37	(2) other law.
38	38	Sec. 8889.0105. CONFIRMATION ELECTION. (a) The temporary
39	39	directors appointed under Section 8889.0202 shall hold an election
40	40	to confirm the creation of the district.
41	41	(b) Section 41.001(a), Election Code, does not apply to an
42	42	election held under this section.
43	43	(c) Except as provided by this section, a confirmation
44	44	election must be conducted as provided by Sections 36.017(b)-(i),
45	45	Water Code, and the Election Code. The provision of Section
46	46	36.017(d), Water Code, relating to the election of directors does
47	47	not apply to an election under this section.
48	48	(d) If the district's creation is not confirmed at an
49	49	election held under this section, the temporary directors may order
50	50	one or more subsequent elections to be held to confirm the creation
51	51	of the district not earlier than the first anniversary of the
52	52	preceding confirmation election. If the district's creation is
53	53	not confirmed at an election held under this section before
54	54	September 1, 2025, the district is dissolved in accordance with
55	55	Section 8889.0106.
56	56	(e) The costs of an election held under this chapter may be
57	57	paid by Webb County.
58	58	(f) If the creation of the district is not confirmed at a
59	59	confirmation election held before September 1, 2025:
60	60	(1) the district is dissolved on September 1, 2025,
61	61	except that:
62	62	(A) any debts incurred shall be paid;
63	63	(B) any assets that remain after the payment of
64	64	debts shall be transferred to Webb County; and
65	65	(C) the organization of the district shall be
66	66	maintained until all debts are paid and remaining assets are
67	67	transferred; and
68	68	(2) this chapter expires September 1, 2027.
69	69	SUBCHAPTER B. BOARD OF DIRECTORS
70	70	Sec. 8889.0201. GOVERNING BODY; TERMS. (a) The district is
71	71	governed by a board of six elected directors.
72	72	(b) Directors serve staggered four-year terms.
73	73	(c) At the first meeting of the board that follows the
74	74	initial election of the directors, the six directors shall draw
75	75	lots to determine which three directors shall serve a term of two
76	76	years and which three directors shall serve a term of four years.
77	77	Sec. 8889.0202. TEMPORARY DIRECTORS. (a) The
78	78	commissioners court shall appoint temporary directors as follows:
79	79	(1) one director appointed to represent a water supply
80	80	corporation in the county;
81	81	(2) one director appointed to represent municipal
82	82	interests in the county; and
83	83	(3) four directors appointed with one director from
84	84	each of the four commissioners court precincts.
85	85	(b) To be appointed under this section, a person:
86	86	(1) to the extent practicable, must be familiar with
87	87	the use of water by industry and commerce, municipal and rural
88	88	utilities, agriculture, and private wells; and
89	89	(2) must meet the qualifications of a director
90	90	appointed or elected under Chapter 36, Water Code.
91	91	(c) Temporary directors serve until the date permanent
92	92	directors are elected under Section 8889.0203.
93	93	Sec. 8889.0203. ELECTION DATE. (a) The board shall hold
94	94	the initial election of directors as provided by Section 36.059,
95	95	Water Code, on the next uniform election date after the date the
96	96	creation of the district is confirmed under Section 8889.0105.
97	97	(b) The district shall hold subsequent elections to elect
98	98	three directors to the board on a uniform election date in each
99	99	even-numbered year.
100	100	SUBCHAPTER C. POWERS AND DUTIES
101	101	Sec. 8889.0301. GROUNDWATER CONSERVATION DISTRICT POWERS
102	102	AND DUTIES. The district has the rights, powers, privileges,
103	103	functions, and duties provided by the general law of this state,
104	104	including Chapter 36, Water Code, applicable to groundwater
105	105	conservation districts created under Section 59, Article XVI, Texas
106	106	Constitution.
107	107	Sec. 8889.0302. PROTECTION OF GROUNDWATER QUALITY. (a) To
108	108	the extent authorized by law, the district may participate in the
109	109	regulation of the disposal of waste into an aquifer in Webb County,
110	110	including the Carrizo-Wilcox Aquifer.
111	111	(b) In response to an application filed with a state agency
112	112	to dispose of waste that could affect the water quality of the
113	113	Carrizo-Wilcox Aquifer within Webb County, the state agency shall
114	114	provide the district with notice of the application and give the
115	115	district the opportunity to participate in any hearings on the
116	116	application.
117	117	Sec. 8889.0303. LIMITATION ON TAXES. The district may not
118	118	impose a tax in the district.
119	119	Sec. 8889.0304. FEES. The district may assess a fee as
120	120	authorized by Section 36.205, Water Code.
121	121	Sec. 8889.0305. NO EMINENT DOMAIN. The district may not
122	122	exercise the power of eminent domain.
123	123	SECTION 2. Not later than December 31, 2023, the Webb County
124	124	Commissioners Court shall appoint the temporary directors of the
125	125	Webb County Groundwater Conservation District as provided by
126	126	Section 8889.0202, Special District Local Laws Code, as added by
127	127	this Act.
128	128	SECTION 3. (a) The legal notice of the intention to
129	129	introduce this Act, setting forth the general substance of this
130	130	Act, has been published as provided by law, and the notice and a
131	131	copy of this Act have been furnished to all persons, agencies,
132	132	officials, or entities to which they are required to be furnished
133	133	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
134	134	Government Code.
135	135	(b) The governor, one of the required recipients, has
136	136	submitted the notice and Act to the Texas Commission on
137	137	Environmental Quality.
138	138	(c) The Texas Commission on Environmental Quality has filed
139	139	its recommendations relating to this Act with the governor, the
140	140	lieutenant governor, and the speaker of the house of
141	141	representatives within the required time.
142	142	(d) All requirements of the constitution and laws of this
143	143	state and the rules and procedures of the legislature with respect
144	144	to the notice, introduction, and passage of this Act are fulfilled
145	145	and accomplished.
146	146	SECTION 4. This Act takes effect immediately if it receives
147	147	a vote of two-thirds of all the members elected to each house, as
148	148	provided by Section 39, Article III, Texas Constitution. If this
149	149	Act does not receive the vote necessary for immediate effect, this
150	150	Act takes effect September 1, 2023.