By: Zaffirini S.B. No. 2570
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 the Legacy Water
Control and Improvement District, as described by the Webb County
Commissioners Court Order No. 05-09-2022-23, unless the district's
territory has been modified under:
(1) Subchapter J or K, Chapter 36, Water Code; or
(2) other law.
Sec. 8889.0105. CONFIRMATION ELECTION. (a) The temporary
directors appointed under Section 8889.0202 shall hold an election
to confirm the creation of the district.
(b) Section 41.001(a), Election Code, does not apply to an
election held under this section.
(c) Except as provided by this section, a confirmation
election must be conducted as provided by Sections 36.017(b)-(i),
Water Code, and the Election Code. The provision of Section
36.017(d), Water Code, relating to the election of directors does
not apply to an election under this section.
(d) If the district's creation is not confirmed at an
election held under this section, the temporary directors may order
one or more subsequent elections to be held to confirm the creation
of the district not earlier than the first anniversary of the
preceding confirmation election. If the district's creation is
not confirmed at an election held under this section before
September 1, 2025, the district is dissolved in accordance with
Section 8889.0106.
(e) The costs of an election held under this chapter may be
paid by Webb County.
(f) If the creation of the district is not confirmed at a
confirmation election held before September 1, 2025:
(1) the district is dissolved on September 1, 2025,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Webb County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2027.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8889.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of six elected directors.
(b) Directors serve staggered four-year terms.
(c) At the first meeting of the board that follows the
initial election of the directors, the six directors shall draw
lots to determine which three directors shall serve a term of two
years and which three directors shall serve a term of four years.
Sec. 8889.0202. TEMPORARY DIRECTORS. (a) The
commissioners court shall appoint temporary directors as follows:
(1) one director appointed to represent a water supply
corporation in the county;
(2) one director appointed to represent municipal
interests in the county; and
(3) four directors appointed with one director from
each of the four commissioners court precincts.
(b) To be appointed under this section, a person:
(1) to the extent practicable, must be familiar with
the use of water by industry and commerce, municipal and rural
utilities, agriculture, and private wells; and
(2) must meet the qualifications of a director
appointed or elected under Chapter 36, Water Code.
(c) Temporary directors serve until the date permanent
directors are elected under Section 8889.0203.
Sec. 8889.0203. ELECTION DATE. (a) The board shall hold
the initial election of directors as provided by Section 36.059,
Water Code, on the next uniform election date after the date the
creation of the district is confirmed under Section 8889.0105.
(b) The district shall hold subsequent elections to elect
three directors to the board on a uniform election date in each
even-numbered year.
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 temporary 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. (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 4. 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.