Bill Text: TX HB4038 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the creation of the Western Travis County Groundwater Conservation District; providing general law authority to issue bonds; providing authority to impose fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-08 - Comm. report sent to Local & Consent Calendar [HB4038 Detail]
Download: Texas-2015-HB4038-Introduced.html
84R621 SGA-F | ||
By: Workman | H.B. No. 4038 |
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relating to the creation of the Western Travis County Groundwater | ||
Conservation District; providing general law authority to issue | ||
bonds; 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 8871 to read as follows: | ||
CHAPTER 8871. WESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION | ||
DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8871.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Western Travis County | ||
Groundwater Conservation District. | ||
Sec. 8871.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Travis County created under | ||
and essential to accomplish the purposes of Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 8871.003. 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. 8871.004. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act creating this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act creating this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; or | ||
(3) legality or operation. | ||
Sec. 8871.005. CONFIRMATION ELECTION NOT REQUIRED. An | ||
election to confirm the creation of the district is not required. | ||
SUBCHAPTER B. TEMPORARY AND INITIAL DIRECTORS | ||
Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS; | ||
VACANCIES; TERMS. (a) Five persons who reside in the district | ||
shall be appointed as temporary directors not later than the 90th | ||
day after the effective date of the Act creating this chapter as | ||
follows: | ||
(1) the county judge of Travis County shall appoint | ||
one temporary director; | ||
(2) the county commissioner for the county | ||
commissioners precinct in which the district is located shall | ||
appoint two temporary directors; | ||
(3) the state representative who represents the house | ||
district in which the district is located shall appoint one | ||
temporary director; and | ||
(4) the state senator who represents the senate | ||
district in which the district is principally located shall appoint | ||
one temporary director. | ||
(b) If a temporary director fails to qualify for office or a | ||
vacancy occurs on the temporary board, the remaining temporary | ||
directors shall appoint a person to fill the vacancy. If at any time | ||
there are fewer than three temporary directors, the state | ||
representative under Subsection (a)(3) shall appoint the necessary | ||
number of persons to fill all vacancies on the board. | ||
(c) Temporary directors serve until the date initial | ||
directors are elected at an election held under Section 8871.024. | ||
Sec. 8871.022. ORGANIZATIONAL MEETING. (a) Not later than | ||
the 45th day after the date on which the fifth temporary director is | ||
appointed under Section 8871.021, the temporary directors shall | ||
hold the organizational meeting of the district. | ||
(b) The temporary directors shall select from among | ||
themselves a president, a vice president, and a secretary. | ||
Sec. 8871.023. AUTHORITY OF TEMPORARY DIRECTORS. (a) | ||
Except as provided by Subsections (c) and (d) or otherwise by this | ||
subchapter, the temporary directors of the district have the same | ||
permitting and general management powers as those provided for | ||
initial and permanent directors under this chapter and Chapter 36, | ||
Water Code. | ||
(b) The temporary directors or their designees have the | ||
authority to enter any public or private property located in the | ||
district to inspect a water well as provided by Section 36.123, | ||
Water Code. | ||
(c) Except as provided by Section 8871.024, the temporary | ||
directors do not have the authority granted by the following | ||
provisions of Chapter 36, Water Code: | ||
(1) Sections 36.017, 36.019, 36.020, and 36.059; | ||
(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and | ||
36.108; | ||
(3) Sections 36.171-36.181; | ||
(4) Sections 36.201-36.204; and | ||
(5) Subchapters J and K. | ||
(d) The temporary directors may regulate the transfer of | ||
groundwater out of the district as provided by Section 36.122, | ||
Water Code, but may not prohibit the transfer of groundwater out of | ||
the district. | ||
Sec. 8871.024. INITIAL DIRECTORS' ELECTION. (a) The | ||
temporary directors shall order an election in the district to be | ||
held not later than the uniform election date in November 2017 to | ||
elect the initial directors. | ||
(b) At the initial directors' election, the temporary board | ||
shall have placed on the ballot the names of the candidates who are | ||
eligible under Section 8871.052 for each of the five positions on | ||
the board. | ||
(c) Section 41.001(a), Election Code, applies to an | ||
election held under this section. | ||
(d) Except as provided by this section, the initial | ||
directors' election must be conducted as provided by the Election | ||
Code and Sections 36.017(b), (c), and (e), Water Code. | ||
Sec. 8871.025. INITIAL DIRECTORS. (a) Promptly after the | ||
election has been held under Section 8871.024 and the votes have | ||
been canvassed, the temporary directors 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 temporary directors shall determine whether | ||
staggered terms are in the best interest of the district and shall | ||
set the terms of the initial directors as follows: | ||
(1) to establish staggered terms, two initial | ||
directors serve two-year terms and three initial directors serve | ||
four-year terms; or | ||
(2) to establish non-staggered terms, all five initial | ||
directors serve four-year terms. | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five directors elected at large. | ||
(b) Directors elected after the election held under Section | ||
8871.024 serve four-year terms. | ||
Sec. 8871.052. ELIGIBILITY. To be eligible to be a | ||
candidate for or to serve as a director, a person must be a resident | ||
of the district. | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 8871.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. Except as otherwise provided by this chapter, the | ||
district has the powers 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. 8871.102. EXEMPT WELLS. (a) Groundwater withdrawals | ||
from the following wells may not be regulated, permitted, or | ||
metered by the district: | ||
(1) a well used for domestic use by a single private | ||
residential household and incapable of producing more than 25,000 | ||
gallons per day; and | ||
(2) a well used for conventional farming and ranching | ||
activities, including such intensive operations as aquaculture, | ||
livestock feedlots, or poultry operations. | ||
(b) The district may not charge or collect a well | ||
construction fee for a well described by Subsection (a)(2). | ||
(c) A well owner must obtain a permit and pay any required | ||
fees, including a well construction fee, before using any | ||
groundwater withdrawn from a well for purposes other than those | ||
exempted by this section. | ||
(d) A well used for dewatering and monitoring in the | ||
production of coal or lignite is exempt from permit requirements, | ||
regulations, and fees imposed by the district. | ||
(e) The district may not enter property to inspect an exempt | ||
well without the property owner's permission. | ||
Sec. 8871.103. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER E. FINANCIAL PROVISIONS | ||
Sec. 8871.151. WELL CONSTRUCTION FEE. The district may | ||
charge and collect a new well construction fee not to exceed $1,000 | ||
for a new well. | ||
Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The | ||
district may charge and collect a permit renewal application fee | ||
not to exceed $400. | ||
Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section | ||
does not apply to a water utility that has surface water as its sole | ||
source of water. | ||
(b) The district may levy and collect a water utility | ||
service connection fee not to exceed $1,000 for each new water | ||
service connection made after September 1, 2015. | ||
Sec. 8871.154. TAXES AND OTHER FEES PROHIBITED. The | ||
district may not: | ||
(1) impose a tax; or | ||
(2) assess or collect any fees except as authorized by | ||
Section 8871.151, 8871.152, or 8871.153. | ||
SECTION 2. (a) Except as provided by Subsection (b), the | ||
Western Travis County Groundwater Conservation District initially | ||
includes all the territory contained in the following area: | ||
Beginning at the point of intersection of the current western | ||
boundary of the Barton Springs-Edwards Aquifer Conservation | ||
District and the Colorado River, then following westerly along the | ||
southern border of the Colorado River and Lake Travis to the western | ||
Travis County Boundary, then proceeding south along the western | ||
Travis County Boundary to the intersection of the Travis County | ||
boundary and the Hays County boundary, then south east along the | ||
southern Travis County boundary to the current western boundary of | ||
the Barton Springs Edwards Aquifer Conservation District; then | ||
north-east along the western boundary of the Barton Springs-Edwards | ||
Aquifer Conservation District, the point of beginning. | ||
(b) The territory of the Western Travis County Groundwater | ||
Conservation District does not include any territory that on the | ||
effective date of this Act is in the corporate limits or | ||
extraterritorial jurisdiction of: | ||
(1) the City of Bee Cave; | ||
(2) the City of Lakeway; | ||
(3) the City of West Lake Hills; | ||
(4) the Village of Briarcliff; or | ||
(5) the Village of the Hills. | ||
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 September 1, 2015. |