Bill Text: TX HB3924 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Comal Trinity Groundwater Conservation District; providing authority to issue bonds; providing authority to impose assessments, fees, or surcharges.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Left pending in committee [HB3924 Detail]
Download: Texas-2013-HB3924-Introduced.html
Bill Title: Relating to the creation of the Comal Trinity Groundwater Conservation District; providing authority to issue bonds; providing authority to impose assessments, fees, or surcharges.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2013-05-16 - Left pending in committee [HB3924 Detail]
Download: Texas-2013-HB3924-Introduced.html
83R4648 AED-F | ||
By: Miller of Comal | H.B. No. 3924 |
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relating to the creation of the Comal Trinity Groundwater | ||
Conservation District; providing authority to impose a tax and | ||
issue bonds; providing authority to impose assessments and 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 8875 to read as follows: | ||
CHAPTER 8875. COMAL TRINITY GROUNDWATER | ||
CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8875.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a member of the board. | ||
(4) "District" means the Comal Trinity Groundwater | ||
Conservation District. | ||
(5) "Retail public utility" means a retail public | ||
utility as defined by Section 13.002, Water Code, that is providing | ||
service in the district on the effective date of this Act. | ||
Sec. 8875.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Comal County created under and | ||
essential to accomplish the purposes of Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8875.003. CONFIRMATION ELECTION REQUIRED. If the | ||
creation of the district is not confirmed at a confirmation | ||
election held before September 1, 2018: | ||
(1) the district is dissolved on September 1, 2019, | ||
except that: | ||
(A) any debts incurred shall be paid; | ||
(B) any assets that remain after the payment of | ||
debts shall be transferred to Comal 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 on September 1, 2020. | ||
Sec. 8875.004. INITIAL DISTRICT TERRITORY. The initial | ||
boundaries of the district are coextensive with the boundaries of | ||
Comal County, Texas. | ||
Sec. 8875.005. CONFLICTS OF LAW. (a) Except as provided by | ||
Subsection (b), this chapter prevails over any provision of general | ||
law, including a provision of Chapter 36, Water Code, that is in | ||
conflict or is inconsistent with this chapter. | ||
(b) The following provisions prevail over a provision of | ||
this chapter that is in conflict or is inconsistent with the | ||
provision: | ||
(1) Sections 36.1071-36.108, Water Code; | ||
(2) Sections 36.159-36.161, Water Code; and | ||
(3) Subchapter I, Chapter 36, Water Code. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 8875.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) | ||
The Comal County Commissioners Court shall appoint five temporary | ||
directors to serve terms not to exceed four years as follows: | ||
(1) one temporary director shall be appointed from | ||
each of the four commissioner precincts in the county to represent | ||
the precinct in which the temporary director resides; and | ||
(2) one temporary director who resides in the district | ||
shall be appointed to represent the district at large. | ||
(b) If there is a vacancy on the temporary board of | ||
directors of the district, the remaining temporary directors shall | ||
select a qualified person to fill the vacancy. If, at any time, | ||
there are fewer than three qualified temporary directors, the | ||
commission shall appoint the necessary number of persons to fill | ||
all vacancies on the board. | ||
(c) Temporary directors or their successors serve until the | ||
earlier of: | ||
(1) the time the initial directors are elected as | ||
provided by Section 8875.023 and have qualified; or | ||
(2) the date this chapter expires under Section | ||
8875.003. | ||
Sec. 8875.022. ORGANIZATIONAL MEETING OF TEMPORARY | ||
DIRECTORS. As soon as practicable after all the temporary | ||
directors have qualified under Section 36.055, Water Code, a | ||
majority of the temporary directors shall convene the | ||
organizational meeting of the district at a location within the | ||
district agreeable to a majority of the directors. At the meeting, | ||
the temporary directors shall elect a chair, vice chair, and | ||
secretary from among the temporary directors. | ||
Sec. 8875.023. CONFIRMATION AND INITIAL DIRECTORS' | ||
ELECTION. (a) The temporary directors shall order an election to | ||
be held in the district to confirm the creation of the district and | ||
to elect the initial directors. | ||
(b) At the confirmation and initial directors' election, | ||
the temporary board shall have placed on the ballot the names of the | ||
candidates for each of the five positions on the board and provide | ||
blank spaces for the names of other candidates. To be eligible to | ||
be a candidate for a position as a director, a person must reside in | ||
the district. | ||
(c) Section 41.001(a), Election Code, does not apply to an | ||
election held under this section. | ||
(d) Except as provided by this section, a confirmation and | ||
initial directors' election must be conducted as provided by the | ||
Election Code and Sections 36.017(b)-(h), Water Code. | ||
(e) If a majority of the votes cast at the election are in | ||
favor of confirming the district's creation, the temporary | ||
directors shall declare the district created. If a majority of the | ||
votes cast are not in favor of confirming the district's creation, | ||
the district's creation is not confirmed. The temporary directors | ||
shall file a copy of the election results with the Texas Commission | ||
on Environmental Quality. | ||
(f) 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, 2018, the district is dissolved in accordance with Section | ||
8875.003. | ||
Sec. 8875.024. INITIAL DIRECTORS. (a) If the creation of | ||
the district is confirmed at an election held under Section | ||
8875.023, the temporary directors, at the time the vote is | ||
canvassed, shall: | ||
(1) declare for each board position the person who | ||
receives the most votes for that position to be elected as the | ||
initial director for that position; and | ||
(2) include the results of the initial directors' | ||
election in the district's election report to the Texas Commission | ||
on Environmental Quality. | ||
(b) The initial directors elected to positions 2 and 3 serve | ||
terms expiring December 1 of the first even-numbered year after the | ||
date of the confirmation election, and the initial directors | ||
elected to positions 1, 4, and the at-large position serve terms | ||
expiring December 1 of the second even-numbered year after the date | ||
of the confirmation election. | ||
Sec. 8875.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On | ||
the uniform election date prescribed by Section 41.001, Election | ||
Code, in November of the first even-numbered year after the year in | ||
which the creation of the district is confirmed at an election held | ||
under Section 8875.023, an election shall be held in the district | ||
for the election of two directors to replace the initial directors | ||
who shall serve until that election. | ||
Sec. 8875.026. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2021. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8875.051. DIRECTORS; TERMS. (a) The district is | ||
governed by a board of five directors. | ||
(b) Directors serve staggered four-year terms. | ||
Sec. 8875.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS | ||
PRECINCTS. (a) The directors of the district shall be elected | ||
according to the commissioners precinct method as provided by this | ||
section. | ||
(b) One director shall be elected by the voters of the | ||
entire district, and one director shall be elected from each county | ||
commissioners precinct by the voters of that precinct. | ||
(c) Except as provided by Subsection (e), to be eligible to | ||
be a candidate for or to serve as director at large, a person must be | ||
a registered voter of the district. To be a candidate for or to | ||
serve as director from a county commissioners precinct, a person | ||
must be a registered voter of that precinct. | ||
(d) A person shall indicate on the application for a place | ||
on the ballot: | ||
(1) the precinct that the person seeks to represent; | ||
or | ||
(2) that the person seeks to represent the district at | ||
large. | ||
(e) When the boundaries of the county commissioners | ||
precincts are redrawn after each federal decennial census to | ||
reflect population changes, a director in office on the effective | ||
date of the change, or a director elected or appointed before the | ||
effective date of the change whose term of office begins on or after | ||
the effective date of the change, shall serve in the precinct to | ||
which elected or appointed even though the change in boundaries | ||
places the person's residence outside the precinct for which the | ||
person was elected or appointed. | ||
(f) After the first election held after the boundaries of | ||
the county commissioners precincts are redrawn, the directors | ||
elected shall draw lots to determine which three directors shall | ||
serve a four-year term and which two directors shall serve a | ||
two-year term. | ||
(g) A director may not serve more than two consecutive terms | ||
and may not serve for a total of more than 12 years. | ||
Sec. 8875.053. ELECTION DATE. The district shall hold an | ||
election to elect the appropriate number of directors on the | ||
uniform election date prescribed by Section 41.001, Election Code, | ||
in November of each even-numbered year. | ||
Sec. 8875.054. VACANCIES. A vacancy on the board shall be | ||
filled by appointment of the board until the next regularly | ||
scheduled directors' election. The person appointed to fill the | ||
vacancy shall serve only for the remainder of the unexpired term. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8875.101. 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. 8875.102. CONTRACTS. The district may contract with a | ||
state agency or political subdivision, including a county, a river | ||
authority, or another district, to carry out any function of the | ||
district. | ||
Sec. 8875.103. BEST MANAGEMENT PRACTICES. (a) The | ||
district may participate in the development and implementation of | ||
best management practices for water resource management in the | ||
district and may engage in and promote the acceptance of best | ||
management practices through education efforts sponsored by the | ||
district. | ||
(b) Development and implementation of best management | ||
practices must address water quantity and quality practices such as | ||
brush management, prescribed grazing, recharge structures, water | ||
and silt detention and retention structures, plugging of abandoned | ||
wells, rainwater harvesting, and other treatment measures for the | ||
conservation of water resources. | ||
Sec. 8875.104. LIMITATIONS ON DISTRICT POWERS. The | ||
district may not: | ||
(1) require the owner of a well used solely for | ||
domestic or livestock purposes to install a meter or measuring | ||
device on the well; | ||
(2) sell, transport, or export groundwater outside of | ||
the district; or | ||
(3) enter into a contract or engage in an action to | ||
supply water to any person in the service area of a municipality or | ||
retail public utility located in the district, except with the | ||
consent of the municipality or retail public utility. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8875.151. FEES. (a) The district may impose | ||
reasonable fees on an annual basis on each nonexempt well and on | ||
each well exempt from permitting under Section 36.117(b)(1), Water | ||
Code. The district shall adopt any rules necessary for the | ||
assessment and collection of fees under this subsection. | ||
(b) The district may use money collected from fees: | ||
(1) in any manner necessary for the management and | ||
operation of the district; | ||
(2) to pay all or part of the principal of and interest | ||
on district bonds or notes; and | ||
(3) for any purpose consistent with the district's | ||
approved water management plan. | ||
Sec. 8875.152. PROPERTY TAX EXEMPTION FOR WATER | ||
CONSERVATION INITIATIVES. (a) The district by rule shall provide | ||
for granting exemptions from ad valorem taxes on property on which a | ||
water conservation initiative has been implemented, as provided by | ||
Section 11.32, Tax Code. The rules must provide that a retail | ||
public utility is eligible to receive an exemption from ad valorem | ||
taxes on property on the same grounds as any other district | ||
customer. | ||
(b) To encourage retail public utilities to obtain water | ||
supplies from sources other than groundwater, rules adopted under | ||
Subsection (a) must include an exemption from ad valorem taxes on | ||
property used and useful by a retail public utility based on: | ||
(1) the percentage of potable water supplied in the | ||
district by the retail public utility from sources other than | ||
groundwater compared to the total water supplied by the retail | ||
public utility for the preceding year; and | ||
(2) the percentage of wastewater effluent produced by | ||
the retail public utility that is used as reclaimed water in the | ||
district compared to the total wastewater effluent produced by the | ||
retail public utility for the preceding year. | ||
(c) For the purposes of Subsection (a), the district may | ||
consider the effects of floods and equipment breakage on the retail | ||
public utility's ability to supply water from sources other than | ||
groundwater. | ||
(d) The total amount of the exemption from ad valorem taxes | ||
may not exceed one-half of the tax imposed by the district. | ||
Sec. 8875.153. LIMITATION ON TAXES. The district may not | ||
impose an ad valorem tax for administrative, operation, or | ||
maintenance expenses that exceeds the lesser of: | ||
(1) the rate approved by the majority of the voters | ||
voting in the election authorizing the tax; or | ||
(2) three-eighths of a cent per $100 of assessed | ||
valuation. | ||
SECTION 2. (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 3. 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, 2013. |