Bill Text: TX HB5401 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the creation of the Webb County Groundwater Conservation District; providing authority to impose fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-04 - Recommendations filed with the Speaker [HB5401 Detail]
Download: Texas-2023-HB5401-Introduced.html
88R8762 MP-F | ||
By: Raymond | H.B. No. 5401 |
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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. |