73R11266 JJT-F
          By Armbrister, et al.                                 S.B. No. 1477
          Substitute the following for S.B. No. 1477:
          By Lewis                                          C.S.S.B. No. 1477
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation, administration, powers, duties,
    1-3  operation, and financing of the Edwards Aquifer Authority and the
    1-4  management of the Edwards Aquifer; granting the power of eminent
    1-5  domain; providing civil and administrative penalties; and
    1-6  validating the creation of the Uvalde County Underground Water
    1-7  Conservation District.
    1-8        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-9                               ARTICLE 1
   1-10        SECTION 1.01.  FINDINGS AND DECLARATION OF POLICY.  The
   1-11  legislature finds that the Edwards Aquifer is a unique and complex
   1-12  hydrological system, with diverse economic and social interests
   1-13  dependent on the aquifer for water supply.  In keeping with that
   1-14  finding, the Edwards Aquifer is declared to be a distinctive
   1-15  natural resource in this state, a unique aquifer, and not an
   1-16  underground stream.  To sustain these diverse interests and that
   1-17  natural resource, a special regional management district is
   1-18  required for the effective management of the resource to protect
   1-19  terrestrial and aquatic life; domestic, livestock, and municipal
   1-20  water supplies; the operation of industries; agriculture; and the
   1-21  economic development of the state.  All reasonable measures shall
   1-22  be taken to conserve water and protect water quality.
   1-23        SECTION 1.02.  CREATION.  (a)  A conservation and reclamation
   1-24  district, to be known as the Edwards Aquifer Authority, is created
    2-1  in all or part of Atascosa, Bexar, Caldwell, Comal, Guadalupe,
    2-2  Hays, Medina, and Uvalde counties.  A confirmation election is not
    2-3  necessary.  The authority is a governmental agency and a body
    2-4  politic and corporate.
    2-5        (b)  The authority is created under and is essential to
    2-6  accomplish the purposes of Article XVI, Section 59, of the Texas
    2-7  Constitution.
    2-8        SECTION 1.03.  DEFINITIONS.  In this article:
    2-9              (1)  "Aquifer" means the Edwards Aquifer, which is that
   2-10  portion of an arcuate belt of porous, water-bearing, predominately
   2-11  carbonate rocks known as the Edwards and Associated Limestones in
   2-12  the Balcones Fault Zone extending from west to east to northeast
   2-13  from the hydrologic division near Brackettville in Kinney County
   2-14  that separates underground flow toward the Comal Springs and San
   2-15  Marcos Springs from underground flow to the Rio Grande Basin,
   2-16  through Uvalde, Medina, Atascosa, Bexar, Guadalupe, and Comal
   2-17  counties, and in Hays County south of the hydrologic division near
   2-18  Kyle that separates flow toward the San Marcos River from flow to
   2-19  the Colorado River Basin.
   2-20              (2)  "Augmentation" means an act or process to increase
   2-21  the amount of water available for use or springflow.
   2-22              (3)  "Authority" means the Edwards Aquifer Authority.
   2-23              (4)  "Authority board" means the board of directors of
   2-24  the authority.
   2-25              (5)  "Beneficial use" means the use of water for a
   2-26  lawful purpose.
   2-27              (6)  "Commission" means the Texas Natural Resource
    3-1  Conservation Commission.
    3-2              (7)  "Conservation" means any measure that would
    3-3  increase water use efficiency.
    3-4              (8)  "Diversion" means the removal of state water from
    3-5  a watercourse or impoundment.
    3-6              (9)  "Domestic or livestock use" means use of water
    3-7  for:
    3-8                    (A)  drinking, washing, or culinary purposes;
    3-9                    (B)  irrigation of a family garden or orchard the
   3-10  produce of which is for household consumption only; or
   3-11                    (C)  watering of animals.
   3-12              (10)  "Existing user" means a person who has withdrawn
   3-13  and beneficially used underground water from the aquifer on or
   3-14  before June 1, 1993, or who purchases water for the provision of
   3-15  potable water to public utility customers from a person who has
   3-16  withdrawn and beneficially used underground water from the aquifer
   3-17  on or before June 1, 1993.
   3-18              (11)  "Industrial use" means the use of water for or in
   3-19  connection with commercial or industrial activities, including
   3-20  manufacturing, bottling, brewing, food processing, scientific
   3-21  research and technology, recycling, production of concrete,
   3-22  asphalt, and cement, commercial uses of water for tourism,
   3-23  entertainment, and hotel or motel lodging, generation of power
   3-24  other than hydroelectric, and other business activities.
   3-25              (12)  "Irrigation use" means the use of water for the
   3-26  irrigation of pastures and commercial crops, including orchards and
   3-27  landscapes and establishing cover crops.
    4-1              (13)  "Livestock" means animals collected or raised for
    4-2  pleasure, recreational use, or commercial use.
    4-3              (14)  "Municipal use" means the use of water in, or
    4-4  outside of, a municipality and its environs whether supplied by a
    4-5  person, privately owned utility, political subdivision, or other
    4-6  entity, including the use of treated effluent for certain purposes
    4-7  specified as follows.  The term includes:
    4-8                    (A)  the use of water for domestic use, the
    4-9  watering of lawns and family gardens, fighting fires, sprinkling
   4-10  streets, flushing sewers and drains, water parks and parkways, and
   4-11  recreation, including public and private swimming pools;
   4-12                    (B)  the use of water in industrial and
   4-13  commercial enterprises supplied by a municipal distribution system
   4-14  without special construction to meet its demands; and
   4-15                    (C)  the application of treated effluent on land
   4-16  under a permit issued under Chapter 26, Water Code, if:
   4-17                          (i)  the primary purpose of the application
   4-18  is the treatment or necessary disposal of the effluent;
   4-19                          (ii)  the application site is a park,
   4-20  parkway, golf course, or other landscaped area within the
   4-21  authority's boundaries; or
   4-22                          (iii)  the effluent applied to the site is
   4-23  generated within an area for which the commission has adopted a
   4-24  rule that prohibits the discharge of the effluent.
   4-25              (15)  "Order" means any written directive carrying out
   4-26  the powers and duties of the authority under this article.
   4-27              (16)  "Person" means an individual, corporation,
    5-1  organization, government or governmental subdivision or agency,
    5-2  business trust, estate, trust, partnership, association, and any
    5-3  other legal entity.
    5-4              (17)  "Pollution" means the alteration of the physical,
    5-5  thermal, chemical, or biological quality of any water in the
    5-6  boundaries of the authority, or the contamination of any water in
    5-7  the boundaries of the authority, that renders the water harmful,
    5-8  detrimental, or injurious to humans, animal life, vegetation,
    5-9  property, or public health, safety, or welfare or that impairs the
   5-10  usefulness of the public enjoyment of the water for any lawful
   5-11  purpose.
   5-12              (18)  "Recharge" means increasing the supply of water
   5-13  to the aquifer by naturally occurring channels or artificial means.
   5-14              (19)  "Reuse" means use of water after the water is
   5-15  used for the original purpose of use.
   5-16              (20)  "Underground water" has the meaning assigned by
   5-17  Section 52.001, Water Code.
   5-18              (21)  "Well" means a bored, drilled, or driven shaft or
   5-19  an artificial opening in the ground able or intended to produce
   5-20  water that is made by digging, jetting, or some other method where
   5-21  the depth of the shaft or opening is greater than its largest
   5-22  surface dimension, but does not include a surface pit, surface
   5-23  excavation, or natural depression.
   5-24              (22)  "Well J-17" means state well number AY-68-37-203
   5-25  located in Bexar County.
   5-26              (23)  "Well J-27" means state well number YP-69-50-302
   5-27  located in Uvalde County.
    6-1              (24)  "Withdrawal" means taking water from the aquifer
    6-2  by or through man-made facilities.
    6-3        SECTION 1.04.  BOUNDARIES.  The authority includes the
    6-4  territory contained within the following area:
    6-5              (1)  all of the areas of Bexar, Medina, and Uvalde
    6-6  counties;
    6-7              (2)  all of the area of Comal County, except that
    6-8  portion of the county that lies North of the North line through the
    6-9  county of Subdivision No. 1 of the Underground Water Reservoir in
   6-10  the Edwards Limestone, Balcones escarpment area, as defined by the
   6-11  order of the Board of Water Engineers dated January 10, 1957;
   6-12              (3)  the part of Caldwell County beginning with the
   6-13  intersection of Hays County Road 266 and the San Marcos River;
   6-14        THENCE southeast along the San Marcos River to the point of
   6-15  intersection of Caldwell, Guadalupe, and Gonzales counties;
   6-16        THENCE southeast along the Caldwell-Gonzales County line to
   6-17  its intersection with U.S. Highway 183;
   6-18        THENCE north along U.S. Highway 183 to its intersection with
   6-19  State Highway 21;
   6-20        THENCE southwest along State Highway 21 to its intersection
   6-21  with Hays County Road 266;
   6-22        THENCE southwest along Hays County Road 266 to the place of
   6-23  beginning;
   6-24              (4)  the part of Hays County beginning on the northwest
   6-25  line of the R. B. Moore Survey, Abstract 412, in Comal County where
   6-26  it crosses the Comal County-Hays County line northeast along the
   6-27  northwest line of said Survey to the northeast corner of said
    7-1  Survey in Hays County, Texas;
    7-2        THENCE southeast in Hays County, Texas across the Jas.
    7-3  Deloach Survey, Abstract 878, to the most westerly northwest corner
    7-4  of the Presidio Irrigation Co. Survey, Abstract 583;
    7-5        THENCE northeast along the northwest line of said Survey to
    7-6  its most northerly northwest corner;
    7-7        THENCE continuing in the same line across the R.S. Clayton
    7-8  Survey 2, Block 742, to the west line of the H. & G. N. RR. Co.
    7-9  Survey 1, Abstract 668;
   7-10        THENCE north along the west line of said Survey to its
   7-11  northwest corner;
   7-12        THENCE east along the north line of said Survey to its
   7-13  northeast corner;
   7-14        THENCE northeast across the David Wilson Survey 83, Abstract
   7-15  476, to the southeast corner of the F. W. Robertson Survey 71,
   7-16  Abstract 385;
   7-17        THENCE north along the east line of said Survey to the
   7-18  southwest corner of the Benjamin Weed Survey 72, Abstract 483;
   7-19        THENCE east along the south line of said Survey to its
   7-20  southeast corner;
   7-21        THENCE northeast across the William Gray Survey 73, Abstract
   7-22  92, and the Murray Bailey Survey 75, Abstract 42, to the southwest
   7-23  corner of the D.Holderman Survey 33, Abstract 225;
   7-24        THENCE north along the west line of said Survey to its
   7-25  northwest corner;
   7-26        THENCE continuing in the same line to the north line of the
   7-27  Day Land & Cattle Co. Survey 672;
    8-1        THENCE west along said north line of said Survey to its
    8-2  northwest corner, which is in the east line of the Jesse Williams
    8-3  Survey 4 to the northeast corner of said Survey;
    8-4        THENCE west along the north line of said Survey to the
    8-5  Southwest corner of the Amos Singleton Survey 106, Abstract 410;
    8-6        THENCE north along the west lines of said Amos Singleton
    8-7  Survey 106 and the Watkins Nobles Survey 107, Abstract 346, to the
    8-8  northwest corner of said Watkins Nobles Survey 107;
    8-9        THENCE east along the north line of said Survey to the
   8-10  southwest corner of the Jesusa Perez Survey 14, Abstract 363;
   8-11        THENCE north along the west line of said Jesusa Perez Survey
   8-12  14 to its northwest corner;
   8-13        THENCE east along the north line of said Survey to its
   8-14  northeast corner;
   8-15        THENCE, south along the east line of said Survey for a
   8-16  distance of approximately 10,000 feet to its intersection with
   8-17  Ranch Road 150;
   8-18        THENCE, east by southeast along Ranch Road 150 approximately
   8-19  24,500 feet to its intersection with the southern boundary line of
   8-20  the Andrew Dunn Survey 9, Abstract 4;
   8-21        THENCE, east along the south line of said survey as it
   8-22  extends and becomes the southern boundary line of the Morton M.
   8-23  McCarver Survey 4, Abstract 10, for a distance of approximately
   8-24  7,000 feet to its intersection with Ranch Road 2770;
   8-25        THENCE, south on Ranch Road 2770 for a distance of
   8-26  approximately 400 feet to its intersection with Farm-to-Market Road
   8-27  171;
    9-1        THENCE, east along Farm-to-Market Road 171 for a distance of
    9-2  approximately 10,500 feet to its intersection with Farm-to-Market
    9-3  Road 25;
    9-4        THENCE, north by northeast along Farm-to-Market Road 25 for a
    9-5  distance of approximately 3,100 feet to its intersection with
    9-6  Farm-to-Market Road 131;
    9-7        THENCE, east by southeast along Farm-to-Market Road 131 for a
    9-8  distance of approximately 3,000 feet to its intersection with the
    9-9  east line of the Thomas G. Allen Survey, Abstract 26;
   9-10        THENCE south along the east line of said Thomas G. Allen
   9-11  Survey to the most northerly northwest corner of the Elisha Pruett
   9-12  Survey 23, Abstract 376;
   9-13        THENCE southwest along a west line of said Elisha Pruett
   9-14  Survey 23 to the west corner of said Survey;
   9-15        THENCE southeast along the southwest line of said Survey to
   9-16  the north corner of the John Stewart Survey, Abstract 14;
   9-17        THENCE southwest along the northwest line of said John
   9-18  Stewart Survey to its west corner;
   9-19        THENCE continuing in the same line to the most northerly
   9-20  southwest line of the John Jones Survey, Abstract 263;
   9-21        THENCE southeast along said southwest line to an interior
   9-22  corner of said John Jones Survey;
   9-23        THENCE southwest along the most southerly northwest line of
   9-24  said Survey to the southwest corner of said Survey;
   9-25        THENCE southeast along the south line of said Survey to the
   9-26  north corner of the James W. Williams Survey 11, Abstract 473;
   9-27        THENCE southwest along the northwest line of said James W.
   10-1  Williams Survey 11 to its west corner;
   10-2        THENCE southeast along the southwest line of said Survey to
   10-3  the north right-of-way line of the I. & G. N. RR.;
   10-4        THENCE southwest along said right-of-way of said I. & G. N.
   10-5  RR. to the Hays County-Comal County line;
   10-6        THENCE south along said county line to the northwest line of
   10-7  the R. B. Moore Survey, Abstract 412, in Hays County where it
   10-8  crosses the Hays County-Comal County line;
   10-9              (5)  all of the territory of Hays County contained
  10-10  within the following described area:
  10-11        Beginning on the most southern point of Hays County at the
  10-12  intersection of Hays, Comal, and Guadalupe Counties; then
  10-13  continuing in a northeasterly direction along the Hays-Guadalupe
  10-14  county line to its intersection with the Hays-Caldwell county line;
  10-15  then continuing along the Hays-Caldwell county line to an
  10-16  intersection with Farm-to-Market Road 150; then continuing in a
  10-17  northwesterly direction along Farm-to-Market Road 150 to the
  10-18  intersection with the existing southern boundary of the part of
  10-19  Hays County described in Subdivision (4) of this section; then
  10-20  continuing in a southwesterly direction along the existing southern
  10-21  boundary of the part of Hays County described in Subdivision (4) of
  10-22  this section to the intersection with the Hays-Comal county line;
  10-23  then continuing in a southerly direction along the Hays-Comal
  10-24  county line to the point of beginning;
  10-25              (6)  the part of Guadalupe County beginning at the
  10-26  Guadalupe County-Caldwell County-Hays County line at the San Marcos
  10-27  River in the northeast corner of Guadalupe County, Texas.
   11-1        THENCE southwest along the Guadalupe County-Hays County line
   11-2  to the intersect of the Guadalupe County-Hays County-Comal County
   11-3  line.
   11-4        THENCE southwest along the Guadalupe County-Comal County line
   11-5  to the intersect of the Guadalupe County-Comal County-Bexar County
   11-6  intersect at the Cibolo creek.
   11-7        THENCE south along the Guadalupe County-Bexar County line
   11-8  along the Cibolo creek to the intersect of the Guadalupe
   11-9  County-Bexar County-Wilson County line.
  11-10        THENCE south along the Guadalupe County-Wilson County line
  11-11  along the Cibolo creek to the intersect and crossing of Guadalupe
  11-12  County Road 417.
  11-13        THENCE east along Guadalupe County Road 417 to the intersect
  11-14  of Guadalupe County Road 417 and Guadalupe County Road 412.
  11-15        THENCE northeast along Guadalupe County Road 412 to the
  11-16  intersect of Guadalupe County Road 412 and Guadalupe County Road
  11-17  411 A.
  11-18        THENCE east along Guadalupe County Road 411 A to the
  11-19  intersect of Guadalupe County Road 411 A and Farm-to-Market road
  11-20  number 725.
  11-21        THENCE north along Farm-to-Market Road 725 to the intersect
  11-22  of Farm-to-Market  Road 725 and Interstate Highway 10.
  11-23        THENCE east along Interstate Highway 10 to the intersect of
  11-24  Interstate Highway 10 and State Highway 90.
  11-25        THENCE east along State Highway 90 to the Guadalupe
  11-26  County-Caldwell County line at the San Marcos river.
  11-27        THENCE northwest along the Guadalupe County-Caldwell County
   12-1  line along the San Marcos river to the place of beginning; and
   12-2              (7)  the part of Atascosa County beginning on the north
   12-3  line of the Robt. C. Rogers Survey, at the Bexar County-Atascosa
   12-4  County line, to its northwest corner, which is the northeast corner
   12-5  of the F. Brockinzen Survey, Abstract 86;
   12-6        THENCE south along the east line of said Survey passing
   12-7  through its southeast corner and continuing south along the east
   12-8  line of the F. Brockinzen Survey, Abstract 90, to its southeast
   12-9  corner;
  12-10        THENCE west along the south line of said survey to its
  12-11  southwest corner;
  12-12        THENCE north along the west line of said F. Brockinzen Survey
  12-13  to the southeast corner of the B. Bonngartner Survey, Abstract 87;
  12-14        THENCE west along the south line of said B. Bonngartner
  12-15  Survey passing through its southwest corner and continuing along
  12-16  the south line of the J. B. Goettlemann Survey, Abstract 309, to
  12-17  the Atascosa County-Medina County line;
  12-18        THENCE north along the Atascosa County-Medina County line to
  12-19  the Bexar County line;
  12-20        THENCE east along the Atascosa County-Bexar County Line to
  12-21  the place of beginning.
  12-22        SECTION 1.05.  FINDINGS RELATING TO BOUNDARIES.  The
  12-23  legislature finds that the boundaries and field notes of the
  12-24  authority form a closure.  A mistake in the field notes or in
  12-25  copying the field notes in the legislative process does not affect
  12-26  the organization, existence, or validity of the district or the
  12-27  legality or operation of the district or its governing body.
   13-1        SECTION 1.06.  FINDING OF BENEFIT.  (a)  The legislature
   13-2  finds that the water in the unique underground system of
   13-3  water-bearing formations known as the Edwards-Balcones Fault Zone
   13-4  Aquifer has a hydrologic interrelationship to the Guadalupe, San
   13-5  Antonio, San Marcos, Comal, Frio, and Nueces river basins, is the
   13-6  primary source of water for the residents of the region, and is
   13-7  vital to the general economy and welfare of this state.  The
   13-8  legislature finds that it is necessary, appropriate, and a benefit
   13-9  to the welfare of this state to provide for the management of the
  13-10  aquifer through the application of management mechanisms consistent
  13-11  with our legal system and appropriate to the aquifer system.
  13-12        (b)  The legislature further finds that the state will be
  13-13  benefitted by exercise of the powers of the authority and by the
  13-14  works and projects that are to be accomplished by the authority
  13-15  under powers conferred by Article XVI, Section 59, of the Texas
  13-16  Constitution.  The authority is created to serve a public use and
  13-17  benefit.
  13-18        SECTION 1.07.  OWNERSHIP OF UNDERGROUND WATER.  The ownership
  13-19  and rights of the owner of the land and the owner's lessees and
  13-20  assigns in underground water and the contract rights of any person
  13-21  who purchases water for the provision of potable water to the
  13-22  public or for the resale of potable water to the public for any use
  13-23  are recognized, and this Act may not be construed as depriving or
  13-24  divesting the owner or the owner's lessees and assigns of these
  13-25  ownership rights or as impairing the contract rights of any person
  13-26  who purchases water for the provision of potable water to the
  13-27  public or for the resale of potable water to the public for any
   14-1  use, subject to the rules adopted by the authority or a district
   14-2  exercising the powers provided by Chapter 52, Water Code.  The
   14-3  legislature intends that just compensation be paid if
   14-4  implementation of this article causes a taking of private property
   14-5  or the impairment of a contract in contravention of the Texas or
   14-6  federal constitution.
   14-7        SECTION 1.08.  GENERAL POWERS.  (a)  The authority has all of
   14-8  the rights, powers, privileges, authority, functions, and duties
   14-9  provided by the general law of this state, including Chapters 50,
  14-10  51, and 52, Water Code, applicable to an authority created under
  14-11  Article XVI, Section 59, of the Texas Constitution.  This article
  14-12  prevails over any provision of general law that is in conflict or
  14-13  inconsistent with this article regarding the area of the
  14-14  authority's jurisdiction.
  14-15        (b)  The authority's powers apply only to underground water
  14-16  within the aquifer.
  14-17        (c)  The authority has the powers provided to a local
  14-18  government under Subchapters D and E, Chapter 26, Water Code, to
  14-19  prevent pollution and enforce water quality standards within the
  14-20  authority's boundaries and within a buffer zone that includes all
  14-21  of the area less than 10 miles outside of the authority's
  14-22  boundaries.  The authority shall apply those pollution standards
  14-23  equally and uniformly within its jurisdiction.
  14-24        SECTION 1.09.  BOARD OF DIRECTORS.  (a)  The authority is
  14-25  governed by a board of nine directors.
  14-26        (b)  The authority board consists of:
  14-27              (1)  a member appointed by the South Central Texas
   15-1  Water Council created by this Act;
   15-2              (2)  three residents of Bexar County, with two
   15-3  residents appointed by the governing body of the city of San
   15-4  Antonio and one resident  appointed by the Commissioners Court of
   15-5  Bexar County to represent cities, communities, and agricultural
   15-6  interests in the county other than the city of San Antonio;
   15-7              (3)  one resident of Comal County or the city of New
   15-8  Braunfels appointed by the Commissioners Court of Comal County;
   15-9              (4)  one resident of Hays County appointed by the
  15-10  governing body of the city of San Marcos;
  15-11              (5)  one resident of Medina County appointed by the
  15-12  governing body of the Medina Underground Water Conservation
  15-13  District;
  15-14              (6)  one resident of Uvalde County appointed by the
  15-15  governing body of the Uvalde Underground Water Conservation
  15-16  District; and
  15-17              (7)  one person appointed in rotation to represent
  15-18  Atascosa, Caldwell, or Guadalupe County, with a resident of
  15-19  Atascosa County appointed by the governing body of the Evergreen
  15-20  Underground Water District, with the person appointed by the
  15-21  Evergreen Underground Water District serving the first term,
  15-22  followed by a person appointed by the Commissioners Court of
  15-23  Caldwell County to serve the second term, followed by a person
  15-24  appointed by the Commissioners Court of Guadalupe County to serve
  15-25  the third term, and rotating in that order of appointment for
  15-26  subsequent terms.
  15-27        (c)  The Commissioners Court of Bexar County and the
   16-1  governing body of the city of San Antonio shall make appointments
   16-2  under Subsection (b) of this section that accurately reflect the
   16-3  ethnic composition of the population of Bexar County.
   16-4        (d)  The initial directors of the authority board shall draw
   16-5  lots to determine their terms.  Four initial directors serve terms
   16-6  that expire June 1, 1995.  Five initial directors serve terms that
   16-7  expire June 1, 1997.  Subsequent directors shall be appointed to
   16-8  serve staggered four-year terms, the appropriate number of which
   16-9  expire June 1 of each odd-numbered year.
  16-10        (e)  At the initial meeting of the authority board, the
  16-11  members shall select one member to serve as presiding officer.  The
  16-12  presiding officer serves a term set by rule of the authority board
  16-13  not to exceed four years.  An act of the authority board is not
  16-14  valid unless adopted by the affirmative vote of a majority of the
  16-15  members of the authority board.
  16-16        (f)  An authority board member receives no compensation for
  16-17  service on the authority board but is entitled to reimbursement for
  16-18  actual and necessary expenses incurred in the performance of the
  16-19  member's duties.
  16-20        (g)  An authority board member shall hold office until a
  16-21  successor has been selected and approved and has qualified by
  16-22  taking the oath of office.
  16-23        (h)  If a vacancy on the authority board occurs, the
  16-24  governing body that appointed the vacating member shall appoint
  16-25  another person having the same qualifications required of the
  16-26  vacating member to serve the unexpired portion of the vacating
  16-27  member's term.
   17-1        SECTION 1.10.  REGIONAL SOUTH CENTRAL TEXAS WATER COUNCIL.
   17-2  (a)  The South Central Texas Water Council shall advise all
   17-3  municipalities and water districts in its member counties on water
   17-4  rights and issues.  The council consists of members appointed in
   17-5  accordance with Subsection (b) of this section and one member
   17-6  appointed by the commissioners court of each of the following
   17-7  counties:
   17-8              (1)  Atascosa;
   17-9              (2)  Bandera;
  17-10              (3)  Bexar;
  17-11              (4)  Caldwell;
  17-12              (5)  Calhoun;
  17-13              (6)  Comal;
  17-14              (7)  DeWitt;
  17-15              (8)  Edwards;
  17-16              (9)  Frio;
  17-17              (10)  Goliad;
  17-18              (11)  Gonzales;
  17-19              (12)  Guadalupe;
  17-20              (13)  Hays;
  17-21              (14)  Jackson;
  17-22              (15)  Karnes;
  17-23              (16)  Kinney;
  17-24              (17)  Medina;
  17-25              (18)  Nueces;
  17-26              (19)  Real;
  17-27              (20)  Refugio;
   18-1              (21)  San Patricio;
   18-2              (22)  Uvalde;
   18-3              (23)  Victoria; and
   18-4              (24)  Wilson.
   18-5        (b)  The governing body of each municipality that is in a
   18-6  county listed in Subsection (a) of this section and has a
   18-7  population of more than 50,000 may also appoint a member to the
   18-8  council.
   18-9        (c)  A council member must be a resident or qualified voter
  18-10  of a county all or part of which is included in the member's area
  18-11  of representation.
  18-12        (d)  The reimbursement of a council member for expenses is on
  18-13  the same terms as the reimbursement of authority board members.  A
  18-14  council member is not entitled to compensation.
  18-15        (e)  A council member holds office until a successor is
  18-16  appointed.
  18-17        (f)  The authority shall send to each council member all the
  18-18  communications of the authority that are extended to authority
  18-19  board members.  Council members may participate in authority board
  18-20  meetings to represent water concerns and assist in solutions to
  18-21  those concerns.
  18-22        (g)  The council by resolution may request the authority
  18-23  board to reconsider any action that is considered prejudicial to
  18-24  regional water interests.  If the authority board review does not
  18-25  result in a resolution satisfactory to the council, the council by
  18-26  resolution adopted by a two-thirds vote may request the commission
  18-27  to review the action.  The commission shall review the action when
   19-1  requested to do so and if the commission does not consent to the
   19-2  action of the authority the action is annulled.
   19-3        (h)  The council shall meet to organize and elect a presiding
   19-4  officer.
   19-5        (i)  The presiding officer of the council shall submit a
   19-6  report assessing the effectiveness of the authority to the board,
   19-7  commission, and authority on or before March 31 of each
   19-8  even-numbered year.  The report must assess the effect on
   19-9  downstream water rights as a result of the management of the
  19-10  aquifer, and any other matters considered pertinent by the council.
  19-11  The authority shall be guided by the report in managing the
  19-12  authority's affairs.
  19-13        (j)  The council's duties include:
  19-14              (1)  assisting the authority in developing the
  19-15  authority's demand management plan; and
  19-16              (2)  assisting the authority in implementing the demand
  19-17  management plan.
  19-18        SECTION 1.11.  GENERAL POWERS AND DUTIES OF AUTHORITY.  (a)
  19-19  The authority shall adopt rules to implement this article.  The
  19-20  authority may issue orders to enforce rules implementing this
  19-21  article.
  19-22        (b)  The authority may hold permits under state law or under
  19-23  the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531
  19-24  et seq.).
  19-25        (c)  The authority may contract with a person to construct,
  19-26  operate, own, finance, and maintain water supply facilities.
  19-27  Management fees or special fees may not be used for purchasing or
   20-1  operating these facilities.  For the purpose of this subsection,
   20-2  "water supply facility" includes a dam, reservoir, treatment
   20-3  facility, transmission facility, or recharge project.
   20-4        (d)  The authority has the power of eminent domain.  The
   20-5  authority may not acquire rights to underground water by the power
   20-6  of eminent domain.
   20-7        (e)  The authority is subject to the open meetings law,
   20-8  Chapter 271, Acts of the 60th Legislature, Regular Session, 1967
   20-9  (Article 6252-17, Vernon's Texas Civil Statutes), the open records
  20-10  law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
  20-11  1973 (Article 6252-17a, Vernon's Texas Civil Statutes), and the
  20-12  Administrative Procedure and Texas Register Act (Article 6252-13a,
  20-13  Vernon's Texas Civil Statutes).
  20-14        SECTION 1.12.  LEGISLATIVE OVERSIGHT.  (a)  The authority and
  20-15  the water districts within it are subject to a full legislative
  20-16  review of the effectiveness of their protection of endangered
  20-17  species and management of water resources in the region.  The
  20-18  review shall be conducted by the Legislative Natural Resources
  20-19  Board and its initial report shall be made to the 74th Legislature
  20-20  during its regular session.  The board shall recommend the
  20-21  conditions for continuation of the stewardship of the authority or
  20-22  the transfer of the authority's duties to the commission.
  20-23        (b)  The authority is subject to review under Chapter 325,
  20-24  Government Code (Texas Sunset Act).
  20-25        (c)  Unless the authority is continued by an act of the
  20-26  legislature, the authority is abolished on September 1, 2005, and
  20-27  the authority's powers, functions, and duties are transferred to
   21-1  the commission.
   21-2        SECTION 1.13.  REUSE AUTHORIZED.  (a)  Any regulation of the
   21-3  withdrawal of water from the aquifer must allow for credit to be
   21-4  given for certified reuse of the water.  For regulatory credit, the
   21-5  authority or a local underground water conservation district must
   21-6  certify:
   21-7              (1)  the lawful use and reuse of aquifer water;
   21-8              (2)  the amount of aquifer water to be used; and
   21-9              (3)  the amount of aquifer withdrawals replaced by
  21-10  reuse.
  21-11        (b)  Water withdrawn from the aquifer and returned to a water
  21-12  course by a user under a wastewater discharge permit is
  21-13  appropriated to the discharging user for reuse to the extent that:
  21-14              (1)  reuse is certified by the authority or a local
  21-15  underground water conservation district;
  21-16              (2)  reuse replaces water that would otherwise have
  21-17  been withdrawn from the aquifer; and
  21-18              (3)  reuse is for municipal, industrial, or domestic or
  21-19  livestock purposes.
  21-20        SECTION 1.14.  WITHDRAWALS.  (a)  Management of water use
  21-21  from the aquifer shall be made in accordance with this Act to:
  21-22              (1)  protect species that are designated as threatened
  21-23  or endangered under applicable federal law along with their
  21-24  critical habitat;
  21-25              (2)  protect the quality of water entering the aquifer;
  21-26              (3)  protect the water quality of discharges to the
  21-27  surface streams to which the aquifer provides springflow;
   22-1              (4)  maximize the water available for withdrawal from
   22-2  the aquifer; and
   22-3              (5)  achieve water conservation.
   22-4        (b)  The authority may not allow withdrawals from the aquifer
   22-5  through wells drilled after June 1, 1993, except additional water
   22-6  as provided by Subsection (e) and then on an interruptible basis.
   22-7        (c)  Except as provided by Subsections (e), (f), and (i) of
   22-8  this section and Section 1.17 of this article, for the period
   22-9  ending December 31, 2007, the amount of withdrawals from the
  22-10  aquifer should not exceed 450,000 acre-feet of water for each
  22-11  calendar year.
  22-12        (d)  Except as provided by Subsections (e), (f), and (i) of
  22-13  this section and Section 1.17 of this article, beginning January 1,
  22-14  2008, the amount of withdrawals from the aquifer should not exceed
  22-15  400,000 acre-feet of water for each calendar year.
  22-16        (e)  If, through studies and implementation of water
  22-17  management strategies, including conservation, springflow
  22-18  augmentation, diversions downstream of the springs, reuse,
  22-19  supplemental recharge, conjunctive management of surface and
  22-20  subsurface water, and drought management plans, the authority
  22-21  determines that additional supplies are available from the aquifer
  22-22  or that the available supply is reduced, the authority, in
  22-23  consultation with appropriate state and federal agencies, may
  22-24  review and may increase or decrease the maximum amount of
  22-25  withdrawals provided by this section and set a different maximum
  22-26  amount of withdrawals.
  22-27        (f)  If the level of the aquifer is equal to or greater than
   23-1  665 feet above mean sea level as measured at well J-17, the
   23-2  authority may authorize withdrawal from the San Antonio pool, on an
   23-3  interruptible basis, of additional amounts above the withdrawal
   23-4  limitations imposed in accordance with  this section.  If the level
   23-5  of the aquifer is equal to or greater than 865 feet at well J-27,
   23-6  the authority may authorize withdrawal from the Uvalde pool, on an
   23-7  interruptible basis, of additional amounts above the withdrawal
   23-8  limits imposed in accordance with this section.  The authority
   23-9  shall limit the additional withdrawals to ensure that springflows
  23-10  are not affected during critical drought conditions.
  23-11        (g)  The management plan adopted by the authority may include
  23-12  management of the withdrawal of water by users so that total
  23-13  withdrawals from the aquifer before January 1, 2007, should be
  23-14  450,000 acre-feet per year, except as provided by Subsections (e),
  23-15  (f), and (i) of this section.  Any reductions made necessary by the
  23-16  management plan shall be effected by reductions pro rata.
  23-17        (h)  The authority by rule may define other pools within the
  23-18  aquifer, in accordance with hydrogeologic research, and may
  23-19  establish index wells for any pool to monitor the level of the
  23-20  aquifer to aid the regulation of withdrawals from the pools.
  23-21        (i)  To accomplish the purposes of this article, by June 1,
  23-22  1994, the authority, through a management plan, shall implement and
  23-23  enforce water management practices, procedures, and methods to
  23-24  ensure that, not later than December 31, 2012, the continuous
  23-25  minimum springflows of the Comal Springs and the San Marcos Springs
  23-26  are maintained to protect endangered and threatened species to the
  23-27  extent required by federal law.  The authority from time to time as
   24-1  appropriate may revise the practices, procedures, and methods.  To
   24-2  meet this requirement, the authority may require:
   24-3              (1)  phased reductions in the amount of water that may
   24-4  be used or withdrawn by existing users or categories of other
   24-5  users; or
   24-6              (2)  implementation of alternative management
   24-7  practices, procedures, and methods.
   24-8        (j)  The authority shall prepare and implement a plan for
   24-9  reducing, by January 1, 2008, the targeted annual volume of water
  24-10  authorized to be withdrawn from the aquifer to 400,000 acre-feet a
  24-11  year or the adjusted amount determined under Subsection (e) of this
  24-12  section.  The plan must be enforceable and must include water
  24-13  conservation and reuse measures and other water management measures
  24-14  designed to achieve the reduction levels or appropriate management
  24-15  of the resource.
  24-16        SECTION 1.15.  LOANS AND GRANTS.  (a)  Notwithstanding any
  24-17  other provision of law, the authority is eligible as a lender
  24-18  district to receive loans from the Texas Water Development Board
  24-19  under the agricultural water conservation bond program under
  24-20  Subchapter J, Chapter 17, Water Code.
  24-21        (b)  The authority may apply for, request, solicit, contract
  24-22  for, receive, and accept gifts, grants, and other assistance from
  24-23  any source for the purposes of this article.
  24-24        (c)  The authority may issue grants or make loans to finance
  24-25  the purchase or installation of equipment or facilities.  If the
  24-26  authority issues a grant for a water conservation, reuse, or water
  24-27  management project, the authority shall demonstrate a cost benefit
   25-1  equal to replacement cost of the water conserved or made available
   25-2  by the project.
   25-3        SECTION 1.16.  COMPREHENSIVE MANAGEMENT PLAN.  (a)
   25-4  Consistent with Section 1.14 of this article, the authority shall
   25-5  develop, by September 1, 1995, and implement a comprehensive water
   25-6  management plan that includes conservation, future supply, and
   25-7  demand management plans.  The authority may delegate the
   25-8  development of the plan under Section 1.33 of this article.
   25-9        (b)  The South Central Texas Water Council, in conjunction
  25-10  with the Texas Water Development Board and underground water
  25-11  conservation districts within the authority's boundaries, shall
  25-12  develop a 20-year plan for providing alternative supplies of water
  25-13  to the region, with five-year goals and objectives, to be
  25-14  implemented by the authority and reviewed annually by the
  25-15  appropriate state agencies.  The council, Texas Water Development
  25-16  Board, and districts, in developing the plan, shall:
  25-17              (1)  make a thorough investigation of all alternative
  25-18  technologies;
  25-19              (2)  provide for financial assistance for alternative
  25-20  supplies through the Texas Water Development Board; and
  25-21              (3)  perform a cost-benefit analysis and an
  25-22  environmental analysis.
  25-23        SECTION 1.17.  CRITICAL PERIOD MANAGEMENT PLAN.  The
  25-24  authority shall prepare and coordinate implementation of a plan for
  25-25  critical period management on or before September 1, 1995.  The
  25-26  mechanisms must:
  25-27              (1)  distinguish between discretionary use and
   26-1  nondiscretionary use;
   26-2              (2)  require reductions of all discretionary use to the
   26-3  maximum extent feasible;
   26-4              (3)  require utility pricing, to the maximum extent
   26-5  feasible, to limit discretionary use by the customers of water
   26-6  utilities; and
   26-7              (4)  require reduction of nondiscretionary use, to the
   26-8  extent further reductions are necessary, in the reverse order of
   26-9  the following water use preferences:
  26-10                    (A)  domestic and livestock;
  26-11                    (B)  industrial and crop irrigation;
  26-12                    (C)  residential landscape irrigation;
  26-13                    (D)  recreational and pleasure; and
  26-14                    (E)  other uses that are authorized by law.
  26-15        SECTION 1.18.  RESEARCH.  (a)  The authority shall assist the
  26-16  research on the technological feasibility of springflow enhancement
  26-17  and yield enhancement that is being conducted by the Edwards
  26-18  Underground Water District on September 1, 1993.
  26-19        (b)  The authority may conduct research to help:
  26-20              (1)  manage water resources, including water
  26-21  conservation, water use and reuse, and drought management measures;
  26-22              (2)  monitor and protect water quality;
  26-23              (3)  enhance the recharge, augment the springflow, and
  26-24  enhance the yield of the aquifer; and
  26-25              (4)  develop alternative supplies of water for users.
  26-26        (c)  The authority may contract with other persons to conduct
  26-27  research.
   27-1        SECTION 1.19.  TAX; BONDS.  (a)  The authority may not levy a
   27-2  property tax.
   27-3        (b)  The authority may issue revenue bonds to finance the
   27-4  purchase of land or the purchase, construction, or installation of
   27-5  facilities or equipment.  The authority may not allow for any
   27-6  person to construct, acquire, or own facilities for transporting
   27-7  groundwater out of Uvalde County or Medina County.
   27-8        (c)  Bonds issued by the authority are subject to review and
   27-9  approval of the attorney general and the commission.  If the
  27-10  attorney general finds that the bonds have been authorized in
  27-11  accordance with the law, the attorney general shall approve them,
  27-12  and the comptroller of public accounts shall register the bonds.
  27-13  Following approval and registration, the bonds are incontestable
  27-14  and are binding obligations according to their terms.
  27-15        (d)  The authority board may organize proceeds of the bonds
  27-16  into funds and accounts and may invest the proceeds as the
  27-17  authority board determines is appropriate.
  27-18        SECTION 1.20.  FUNDING OF AUTHORITY.  (a)  The cost of
  27-19  reducing withdrawals must be borne:
  27-20              (1)  solely by users of the aquifer for reducing
  27-21  withdrawals from the level on the effective date of this article to
  27-22  450,000 acre-feet a year, or the adjusted amount for the period
  27-23  ending December 31, 2007, determined under Section 1.14(e) of this
  27-24  article; and
  27-25              (2)  equally by aquifer users and downstream water
  27-26  rights holders from 450,000 acre-feet a year, or the adjusted
  27-27  amount for the period ending December 31, 2007, determined under
   28-1  Section 1.14(e) of this article, to 400,000 acre-feet a year, or
   28-2  the adjusted amount for the period beginning January 1, 2008,
   28-3  determined under Section 1.14(e) of this article.
   28-4        (b)  The authority shall assess equitable aquifer management
   28-5  fees based on aquifer use under the water management plan to
   28-6  finance its administrative expenses and programs authorized under
   28-7  this article.
   28-8        (c)  The authority shall assess on all downstream water
   28-9  rights holders in the Guadalupe River Basin equitable special fees
  28-10  established by the South Central Texas Water Council.  Money
  28-11  derived from the fees may be used only to finance the meeting of
  28-12  the targeted limits provided by Section 1.14(c) and (d) of this
  28-13  article.
  28-14        (d)  The amount of special fees assessed under Subsection (c)
  28-15  shall be determined in accordance with an agreement adopted by the
  28-16  South Central Texas Water Council and approved by the authority in
  28-17  accordance with fees under the South Texas watermaster program.  A
  28-18  downstream water rights holder shall pay fees assessed under
  28-19  Subsection (c) to the authority.  A fee may not be assessed by the
  28-20  authority under Subsection (c) on contractual deliveries of water
  28-21  stored in Canyon Lake that may be diverted downstream of the San
  28-22  Marcos Springs or Canyon Dam.  A person or entity making a
  28-23  contractual sale of water stored upstream of Canyon Dam may not
  28-24  establish a systemwide rate that requires purchasers of
  28-25  upstream-stored water to pay the special fee assessed under
  28-26  Subsection (c).  The authority may not assess a fee under
  28-27  Subsection (c) on hydroelectric use of water by the following dams:
   29-1              (1)  City of Gonzales Dam;
   29-2              (2)  City of Seguin Dam;
   29-3              (3)  New Braunfels Utilities Dam;
   29-4              (4)  Dam No. TP-1;
   29-5              (5)  Dam No. TP-3;
   29-6              (6)  Dam No. TP-4;
   29-7              (7)  Dam No. TP-5;
   29-8              (8)  Dam No. H-4; or
   29-9              (9)  Dam No. H-5.
  29-10        (e)  In developing an equitable fee structure under this
  29-11  section, the authority may establish different fee rates on a per
  29-12  acre-foot basis for different types of use.  The fees must be
  29-13  equitable between types of uses.  The fee rate for agricultural use
  29-14  may not be more than the lesser of $2 or 20 percent of the fee rate
  29-15  for municipal use.
  29-16        (f)  The authority may impose a registration application fee
  29-17  not to exceed $10.
  29-18        (g)  Special fees collected under Subsection (c) of this
  29-19  section may not be used to finance a surface water supply reservoir
  29-20  project.
  29-21        SECTION 1.21.  RIVER DIVERSIONS.  (a)  The authority may
  29-22  without further permission divert water from the Guadalupe River
  29-23  from a diversion point on the river downstream of the point where
  29-24  the river emerges as a spring to provide water for the creation or
  29-25  maintenance of artificial habitat for endangered or threatened
  29-26  species, springflow augmentation, or to supplement aquifer recharge
  29-27  if:
   30-1              (1)  the diversion is made to increase the yield of the
   30-2  aquifer; and
   30-3              (2)  the diversion does not impair senior water rights
   30-4  or vested riparian rights.
   30-5        (b)  The commission shall recognize the volume of water
   30-6  diverted under this section and may not grant a right to
   30-7  appropriate water that is senior to the right granted by this
   30-8  section.
   30-9        SECTION 1.22.  MEASURING DEVICES.  (a)  The owner of a
  30-10  nonexempt well that withdraws water from the aquifer shall install
  30-11  and maintain a measuring device approved by the authority designed
  30-12  to indicate the flow rate and cumulative amount of water withdrawn
  30-13  by that well.  This requirement may be waived by the authority on
  30-14  written request by a well owner to use an alternative method of
  30-15  determining the amount of water withdrawn.
  30-16        (b)  The authority is responsible for the costs of
  30-17  purchasing, installing, and maintaining measuring devices, if
  30-18  required, for an irrigation well in existence on September 1, 1993.
  30-19        SECTION 1.23.  REPORTS.  Not later than March 1 of each year,
  30-20  and on a form prescribed by the authority, each owner of a metered
  30-21  well shall file with the authority a written report of water use
  30-22  for the preceding calendar year.
  30-23        SECTION 1.24.  WELL METER EXEMPTION; EXEMPT WELL
  30-24  REGISTRATION.  (a)  A well that produces 25,000 gallons of water a
  30-25  day or less for domestic or livestock use is exempt from metering
  30-26  requirements.
  30-27        (b)  Exempt wells must register with the authority or with an
   31-1  underground water conservation district in which the well is
   31-2  located.
   31-3        (c)  A well within or serving a subdivision requiring
   31-4  platting does not qualify for the exemption under Subsection (a) of
   31-5  this section.
   31-6        SECTION 1.25.  TRANSFER OF WATER.  (a)  Water withdrawn from
   31-7  the aquifer must be used within the boundaries of the authority.
   31-8        (b)  The authority by rule may develop procedures to quantify
   31-9  for a well the annual quantity of water historically used from the
  31-10  well.  The owner of a well may lease not more than 50 percent of
  31-11  the annual quantity of water used from the well as determined by
  31-12  the authority.  The owner of a well must apply to the authority for
  31-13  a determination of historical use in accordance with rules of the
  31-14  authority and on forms prescribed by the authority before the owner
  31-15  leases water from the well.
  31-16        (c)  An underground water conservation district may lease
  31-17  irrigable land above the aquifer for the production of water.
  31-18        SECTION 1.26.  PROHIBITION.  A person may not withdraw water
  31-19  from the aquifer except as authorized by this article.
  31-20        SECTION 1.27.  ENFORCEMENT.  The authority may issue orders
  31-21  to enforce the terms and conditions of enforceable plans adopted
  31-22  under this article.
  31-23        SECTION 1.28.  ADMINISTRATIVE PENALTY.  (a)  The authority
  31-24  may assess an administrative penalty against a person who violates
  31-25  this article or order issued under this article in an amount of not
  31-26  less than $100 or more than $1,000 for each violation and for each
  31-27  day of a continuing violation.
   32-1        (b)  In determining the amount of the penalty, the authority
   32-2  shall consider:
   32-3              (1)  the history of previous violations;
   32-4              (2)  the amount necessary to deter future violations;
   32-5              (3)  efforts to correct the violation;
   32-6              (4)  enforcement costs relating to the violation; and
   32-7              (5)  any other matters that justice may require.
   32-8        (c)  If after an examination of the facts the authority
   32-9  concludes that the person did commit a violation, the authority may
  32-10  issue a preliminary report stating the facts on which it based its
  32-11  conclusion, recommending that an administrative penalty under this
  32-12  section be imposed, and recommending the amount of the proposed
  32-13  penalty.
  32-14        (d)  The authority shall give written notice of the report to
  32-15  the person charged with committing the violation.  The notice must
  32-16  include a brief summary of the facts, a statement of the amount of
  32-17  the recommended penalty, and a statement of the person's right to
  32-18  an informal review of the occurrence of the violation, the amount
  32-19  of the penalty, or both.
  32-20        (e)  Not later than the 10th day after the date on which the
  32-21  person charged with committing the violation receives the notice,
  32-22  the person may either give the authority written consent to the
  32-23  report, including the recommended penalty, or make a written
  32-24  request for an informal review by the authority.
  32-25        (f)  If the person charged with committing the violation
  32-26  consents to the penalty recommended by the authority or fails
  32-27  timely to request an informal review, the authority shall assess
   33-1  the penalty.  The authority shall give the person written notice of
   33-2  its action.  The person shall pay the penalty not later than the
   33-3  30th day after the date on which the person receives the notice.
   33-4        (g)  If the person charged with committing a violation
   33-5  requests an informal review as provided by Subsection (e) of this
   33-6  section, the authority shall conduct the review.  The authority
   33-7  shall give the person written notice of the results of the review.
   33-8        (h)  Not later than the 10th day after the date on which the
   33-9  person charged with committing the violation receives the notice
  33-10  prescribed by Subsection (g) of this section, the person may make
  33-11  to the authority a written request for a hearing.
  33-12        (i)  If, after informal review, a person who has been ordered
  33-13  to pay a penalty fails to request a formal hearing in a timely
  33-14  manner, the authority shall assess the penalty.  The authority
  33-15  shall give the person written notice of its action.  The person
  33-16  shall pay the penalty not later than the 30th day after the date on
  33-17  which the person receives the notice.
  33-18        (j)  Within 30 days after the date the authority's order is
  33-19  final as provided by Section 16(c), Administrative Procedure and
  33-20  Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  33-21  Statutes), the person shall:
  33-22              (1)  pay the amount of the penalty;
  33-23              (2)  pay the amount of the penalty and file a petition
  33-24  for judicial review contesting the occurrence of the violation, the
  33-25  amount of the penalty, or both the occurrence of the violation and
  33-26  the amount of the penalty; or
  33-27              (3)  without paying the amount of the penalty, file a
   34-1  petition for judicial review contesting the occurrence of the
   34-2  violation, the amount of the penalty, or both the occurrence of the
   34-3  violation and the amount of the penalty.
   34-4        (k)  Within the 30-day period, a person who acts under
   34-5  Subsection (j)(3) of this section may:
   34-6              (1)  stay enforcement of the penalty by:
   34-7                    (A)  paying the amount of the penalty to the
   34-8  court for placement in an escrow account; or
   34-9                    (B)  giving to the court a supersedeas bond
  34-10  approved by the court for the amount of the penalty and that is
  34-11  effective until all judicial review of the authority's order is
  34-12  final; or
  34-13              (2)  request the court to stay enforcement of the
  34-14  penalty by:
  34-15                    (A)  filing with the court a sworn affidavit of
  34-16  the person stating that the person is financially unable to pay the
  34-17  amount of the penalty and is financially unable to give the
  34-18  supersedeas bond; and
  34-19                    (B)  giving a copy of the affidavit to the
  34-20  authority by certified mail.
  34-21        (l)  If the authority receives a copy of an affidavit under
  34-22  Subsection (k)(2) of this section, it may file, with the court
  34-23  within five days after the date the copy is received, a contest to
  34-24  the affidavit.  The court shall hold a hearing on the facts alleged
  34-25  in the affidavit as soon as practicable and shall stay the
  34-26  enforcement of the penalty on finding that the alleged facts are
  34-27  true.  The person who files an affidavit has the burden of proving
   35-1  that the person is financially unable to pay the amount of the
   35-2  penalty and to give a supersedeas bond.
   35-3        (m)  If the person does not pay the amount of the penalty and
   35-4  the enforcement of the penalty is not stayed, the authority may
   35-5  refer the matter to the attorney general for collection of the
   35-6  amount of the penalty.
   35-7        (n)  Judicial review of the order of the authority:
   35-8              (1)  is instituted by filing a petition as provided by
   35-9  Section 19, Administrative Procedure and Texas Register Act
  35-10  (Article 6252-13a, Vernon's Texas Civil Statutes); and
  35-11              (2)  is under the substantial evidence rule.
  35-12        (o)  If the court sustains the occurrence of the violation,
  35-13  the court may uphold or reduce the amount of the penalty and order
  35-14  the person to pay the full or reduced amount of the penalty.  If
  35-15  the court does not sustain the occurrence of the violation, the
  35-16  court shall order that no penalty is owed.
  35-17        (p)  When the judgment of the court becomes final, the court
  35-18  shall proceed under this subsection.  If the person paid the amount
  35-19  of the penalty and if that amount is reduced or is not upheld by
  35-20  the court, the court shall order that the appropriate amount plus
  35-21  accrued interest be remitted to the person.  The rate of the
  35-22  interest is the rate charged on loans to depository institutions by
  35-23  the New York Federal Reserve Bank, and the interest shall be paid
  35-24  for the period beginning on the date the penalty was paid and
  35-25  ending on the date the penalty is remitted.  If the person gave a
  35-26  supersedeas bond and if the amount of the penalty is not upheld by
  35-27  the court, the court shall order the release of the bond.  If the
   36-1  person gave a supersedeas bond and if the amount of the penalty is
   36-2  reduced, the court shall order the release of the bond after the
   36-3  person pays the amount.
   36-4        (q)  A penalty collected under this section shall be remitted
   36-5  to the authority.
   36-6        (r)  All proceedings under this section are subject to the
   36-7  Administrative Procedure and Texas Register Act (Article 6252-13a,
   36-8  Vernon's Texas Civil Statutes).
   36-9        SECTION 1.29.  CIVIL PENALTY.  (a)  The authority may file a
  36-10  civil action in state district court for a civil penalty for a
  36-11  violation of this article or a rule adopted or order issued under
  36-12  this article.
  36-13        (b)  The authority may recover a civil penalty of not less
  36-14  than $100 or more than $10,000 for each violation and for each day
  36-15  of violation and attorney fees.
  36-16        (c)  A civil penalty or attorney fees collected by the
  36-17  authority under this section shall be paid to the authority.
  36-18        SECTION 1.30.  INJUNCTION BY AUTHORITY.  The authority may
  36-19  file a civil suit in a state district court for an injunction to
  36-20  enforce this article.  The authority may recover reasonable
  36-21  attorney's fees in a suit under this section.
  36-22        SECTION 1.31.  EDWARDS UNDERGROUND WATER DISTRICT.  Chapter
  36-23  99, Acts of the 56th Legislature, Regular Session, 1959 (Article
  36-24  8280-219, Vernon's Texas Civil Statutes), is amended by adding
  36-25  Section 1A to read as follows:
  36-26        Sec. 1A.  The Edwards Underground Water District has the
  36-27  powers provided by Chapter 52, Water Code, for an underground water
   37-1  conservation district.
   37-2        SECTION 1.32.  Section 6(a), Chapter 99, Acts of the 56th
   37-3  Legislature, Regular Session, 1959 (Article 8280-219, Vernon's
   37-4  Texas Civil Statutes), is amended to read as follows:
   37-5        (a)  All elections within the District shall be conducted in
   37-6  accordance with procedures provided by resolutions adopted by the
   37-7  Board of Directors or as set forth in the bylaws and the Election
   37-8  Code, and the results of all elections shall be canvassed by the
   37-9  Board of Directors of the District at the regular or special
  37-10  meeting following each election.  All elections shall be held on
  37-11  the first Saturday in May <third Saturday in January> of each
  37-12  odd-numbered year and at the polling places designated by the Board
  37-13  of Directors of the District.  The terms of office of Directors
  37-14  elected at each election <shall> begin on the date of the first
  37-15  meeting of the Board <March 1> following their election.
  37-16        SECTION 1.33.  EFFECT ON OTHER DISTRICTS.  (a)  An
  37-17  underground water conservation district other than the authority
  37-18  may manage and control water that is a part of the aquifer after
  37-19  the effective date of this article as provided by this section.
  37-20  This article does not affect a water reclamation or conservation
  37-21  district's management of any aquifer other than the Edwards Aquifer
  37-22  as described in this Act.
  37-23        (b)  An underground water conservation district other than
  37-24  the authority may manage and control water that is a part of the
  37-25  aquifer to the extent that those management activities do not
  37-26  conflict with this article.
  37-27        (c)  The authority shall delegate all or part of its powers
   38-1  or duties to an underground water conservation district on the
   38-2  district's request if:
   38-3              (1)  the district has statutory powers necessary for
   38-4  full enforcement of the rules and orders to be delegated; and
   38-5              (2)  the district has implemented all rules and
   38-6  policies necessary to fully implement the programs to be delegated.
   38-7        (d)  If the authority determines that a district has failed
   38-8  to enforce or implement any of the rules or orders delegated under
   38-9  this section, the authority immediately shall provide to the
  38-10  district notice that sets forth the reasons for its determination
  38-11  and the actions that the district must take to retain the delegated
  38-12  authority.  Failure by the district to take actions within the time
  38-13  specified by the authority shall result in the immediate revocation
  38-14  of the delegation to the district.
  38-15                               ARTICLE 2
  38-16        SECTION 2.01.  DEFINITION.  In this article, "district" means
  38-17  the Uvalde County Underground Water Conservation District.
  38-18        SECTION 2.02.  VALIDATION.  The creation of the district and
  38-19  all resolutions, orders, and other acts or attempted acts of the
  38-20  board of directors of the district are validated in all respects.
  38-21  The creation of the district and all resolutions, orders, and other
  38-22  acts or attempted acts of the board of directors of the district
  38-23  are valid as though they originally had been legally authorized or
  38-24  accomplished.
  38-25        SECTION 2.03.  BOUNDARIES.  Pursuant to the petition to the
  38-26  Commissioners Court of Uvalde County, Texas, requesting the
  38-27  creation of the district, the district includes the territory
   39-1  contained within the boundaries of Uvalde County.
   39-2        SECTION 2.04.  FINDING OF BENEFIT.  All the land and other
   39-3  property included within the boundaries of the district will be
   39-4  benefitted by the validation of the district.
   39-5        SECTION 2.05.  POWERS.  (a)  The district has all of the
   39-6  rights, powers, privileges, authority, functions, and duties
   39-7  provided by the general law of the state, including Chapters 50 and
   39-8  52, Water Code, applicable to underground water conservation
   39-9  districts created under Article XVI, Section 59, of the Texas
  39-10  Constitution.  This article prevails over any provision of general
  39-11  law that is in conflict or inconsistent with this article.
  39-12        (b)  The district may develop and implement a drought
  39-13  response plan, with reasonable rules, using water levels as
  39-14  observed in the Uvalde Index Well YP-69-50-302.
  39-15        (c)  The rights, powers, privileges, authority, functions,
  39-16  and duties of the district are subject to the continuing right of
  39-17  supervision of the state to be exercised by and through the Texas
  39-18  Water Commission.
  39-19        SECTION 2.06.  LEVY OF TAXES.  The levy and collection of
  39-20  taxes by the district is governed by Subchapter H, Chapter 52,
  39-21  Water Code, except that the district may not levy a maintenance and
  39-22  operating tax at a rate that exceeds two cents per $100 assessed
  39-23  valuation unless an election held in the district authorizes a
  39-24  higher rate.
  39-25        SECTION 2.07.  PENDING LITIGATION.  This article does not
  39-26  apply to or affect litigation pending on the effective date of this
  39-27  article in any court of competent jurisdiction in this state to
   40-1  which the district is a party.
   40-2                               ARTICLE 3
   40-3        SECTION 3.01.  Sections 10.02-10.05, Chapter 3, Acts of the
   40-4  72nd Legislature, 1st Called Session, 1991, are amended to read as
   40-5  follows:
   40-6        Sec. 10.02.  (a)  The board is composed of:
   40-7              (1)  the chair of the House Environmental Regulation
   40-8  <Affairs> Committee;
   40-9              (2)  the chair of the Senate Natural Resources
  40-10  Committee;
  40-11              (3)  the chair of the House Natural Resources
  40-12  Committee;
  40-13              (4)  the chair of the Senate Finance Committee;
  40-14              (5)  the chair of the House Appropriations <Government
  40-15  Organization> Committee; and
  40-16              (6)  the chair of the Senate State Affairs Committee.
  40-17        (b)  Each member of the board may designate a member of the
  40-18  standing committee they chair to serve as an alternate board member
  40-19  with full rights of membership in the absence of the named member.
  40-20        Sec. 10.03.  The board shall oversee and review the
  40-21  implementation of legislative natural resources policy by state
  40-22  agencies that have the statutory duty to implement that policy.
  40-23  The board shall oversee and review the implementation of federal
  40-24  environmental programs that may be delegated to the state.  The
  40-25  board shall oversee compliance with the Administrative Procedure
  40-26  and Texas Register Act (Article 6252-13a, Vernon's Texas Civil
  40-27  Statutes).  The board may require information and reports from
   41-1  state agencies as necessary to carry out its oversight and review
   41-2  duties.  The board may appoint subcommittees from the membership of
   41-3  the standing committees represented by the members of the board.
   41-4        Sec. 10.04.  The board may receive grants, appropriations, or
   41-5  property from any source.  The board may contract with state or
   41-6  federal agencies to support the implementation of legislative
   41-7  natural resource policy <shall continue its review and oversight
   41-8  activities during the transition period to the full Texas Natural
   41-9  Resources Conservation Commission.  The board shall terminate its
  41-10  duties effective January 1, 1994>.
  41-11        Sec. 10.05.  At a minimum, the board shall ensure that agency
  41-12  <transition> activities <do not>:
  41-13              (1)  do not delay or prejudice any permit processing
  41-14  activities;
  41-15              (2)  do not result in undue duplication of effort;
  41-16              (3)  do not impede progress toward activities ensuring
  41-17  the delegation of federal environmental programs; <and>
  41-18              (4)  ensure compliance with the provisions of this Act;
  41-19  and
  41-20              (5)  do not result in rules that are duplicative or in
  41-21  conflict.
  41-22        SECTION 3.02.  Section 33.007, Water Code, is amended to read
  41-23  as follows:
  41-24        Sec. 33.007.  Rules.  <(a)  The commission shall adopt rules,
  41-25  approved by the licensing department, as necessary to enforce this
  41-26  chapter.>
  41-27        <(b)>  The commission may enforce by injunction or other
   42-1  appropriate remedy in courts of competent jurisdiction any rule,
   42-2  decisions, determinations, or orders adopted or entered by it that
   42-3  do not conflict with a statute.  The attorney general shall
   42-4  represent the commission on request.
   42-5        <(c)  The commission shall adopt rules in accordance with the
   42-6  Administrative Procedure and Texas Register Act (Article 6252-13a,
   42-7  Vernon's Texas Civil Statutes).>
   42-8        SECTION 3.03.  Section 33.014, Water Code, is amended to read
   42-9  as follows:
  42-10        Sec. 33.014.  Completion, Repair, and Plugging of Water
  42-11  Wells.  (a)  <Each installer licensed under this chapter shall
  42-12  install or repair pumps under standards and procedures adopted by
  42-13  the commission with the advice of the council.>
  42-14        <(b)>  Each licensed installer shall notify the commission
  42-15  and the landowner or person having a pump installed or repaired
  42-16  when the installer encounters water injurious to vegetation, land,
  42-17  or other water, and the installer shall repair or properly complete
  42-18  the well in order to avoid injury or pollution.  The installer
  42-19  shall ensure that the well is repaired or properly completed under
  42-20  standards and procedures adopted by the commission.
  42-21        (b) <(c)>  A licensed installer who knows of an abandoned or
  42-22  deteriorated well as those terms are defined by Section 32.017 of
  42-23  this code shall notify the landowner or person possessing the well
  42-24  that the well must be plugged or capped in order to avoid injury or
  42-25  pollution.
  42-26                               ARTICLE 4
  42-27        SECTION 4.01.  Findings Related to Procedural Requirements.
   43-1  (a)  The proper and legal notice of the intention to introduce this
   43-2  Act, setting forth the general substance of this Act, has been
   43-3  published as provided by law, and the notice and a copy of this Act
   43-4  have been furnished to all persons, agencies, officials, or
   43-5  entities to which they are required to be furnished by the
   43-6  constitution and other laws of this state, including the governor,
   43-7  who has submitted the notice and Act to the Texas Water Commission.
   43-8        (b)  The Texas Water Commission has filed its recommendations
   43-9  relating to this Act with the governor, lieutenant governor, and
  43-10  speaker of the house of representatives within the required time.
  43-11        (c)  All requirements of the constitution and laws of this
  43-12  state and the rules and procedures of the legislature with respect
  43-13  to the notice, introduction, and passage of this Act are fulfilled
  43-14  and accomplished.
  43-15        SECTION 4.02.  EFFECTIVE DATES.  This Act takes effect
  43-16  September 1, 1993, except that Section 1.26 of Article 1 takes
  43-17  effect March 1, 1994.
  43-18        SECTION 4.03.  EMERGENCY.  The importance of this legislation
  43-19  and the crowded condition of the calendars in both houses create an
  43-20  emergency and an imperative public necessity that the
  43-21  constitutional rule requiring bills to be read on three several
  43-22  days in each house be suspended, and this rule is hereby suspended.