1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Trinity Glen Rose Groundwater
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A conservation and reclamation
1-7 district, to be known as the Trinity Glen Rose Groundwater
1-8 Conservation District, is created in that part of Bexar County
1-9 overlying the Trinity Aquifer, subject to approval at a
1-10 confirmation election under Section 9 of this Act. The district is
1-11 a governmental agency and a body politic and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 (c) The purpose of the district is to develop and implement
1-16 regulatory, conservation, and recharge programs that preserve and
1-17 protect the underground water resources located within the
1-18 district.
1-19 SECTION 2. DEFINITIONS. In this Act:
1-20 (1) "Board" means the board of directors of the
1-21 district.
1-22 (2) "District" means the Trinity Glen Rose Groundwater
1-23 Conservation District.
1-24 (3) "Commission" means the Texas Natural Resource
2-1 Conservation Commission.
2-2 SECTION 3. BOUNDARY. (a) The district includes the
2-3 territory contained within that part of Bexar County defined as
2-4 follows:
2-5 Beginning at the Bexar County - Kendall County - Bandera County
2-6 line, said point being at the intersect of Balcones Creek;
2-7 Thence Southwest along the Bexar County - Bandera County line to
2-8 the point of intersect of the Bexar County - Bandera County and
2-9 Medina County line;
2-10 Thence South along the Bexar County - Medina County line to the
2-11 point of intersect of Bexar County - Medina County line and Farm to
2-12 Market Road 471;
2-13 Thence Southeast along the centerline of Farm to Market Road 471 to
2-14 the point of intersect with the centerline of State Highway Loop
2-15 1604;
2-16 Thence Northeast and continuing East along the centerline of State
2-17 Highway Loop 1604 to the point of intersect of the centerline of
2-18 State Highway Loop 1604 and the centerline of the Union Pacific
2-19 Railway line in Northeast Bexar County, said point being
2-20 approximately 3000 feet Northwest of Farm to Market Road 2252 also
2-21 known as Nacogdoches Road;
2-22 Thence East-Northeast along the centerline of the Union Pacific
2-23 Railway to the point of intersect of the Union Pacific Railway and
2-24 the Bexar County - Comal County Line, said point being the
2-25 intersect of Cibolo Creek;
2-26 Thence Northwest and West along the centerline of Cibolo Creek to
2-27 the confluence with Balcones Creek in Northwest Bexar County;
3-1 Thence West-Southwest along Balcones Creek to the point of
3-2 intersect of Balcones Creek and the Bexar County - Kendall County -
3-3 Bandera County line, said intersect being the point of beginning.
3-4 (b) The district may add territory inside the boundaries of
3-5 the Edwards Aquifer Authority with the consent of the board of
3-6 directors of the authority in the manner provided by Subchapter J,
3-7 Chapter 36, Water Code.
3-8 SECTION 4. FINDING OF BENEFIT. All of the land and other
3-9 property included within the boundaries of the district will be
3-10 benefited by the works and projects that are to be accomplished by
3-11 the district under powers conferred by Section 59, Article XVI,
3-12 Texas Constitution. The district is created to serve a public use
3-13 and benefit.
3-14 SECTION 5. POWERS. (a) The district has all of the rights,
3-15 powers, privileges, authority, functions, and duties provided by
3-16 the general law of this state, including Chapter 36, Water Code,
3-17 applicable to groundwater conservation districts created under
3-18 Section 59, Article XVI, Texas Constitution.
3-19 (b) This Act prevails over any provision of general law that
3-20 is in conflict or inconsistent with this Act.
3-21 (c) The disqualification of directors of the district is
3-22 governed by Section 49.052, Water Code.
3-23 SECTION 6. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER
3-24 DISTRICTS. (a) The temporary directors shall draw five numbered,
3-25 single-member districts for electing directors.
3-26 (b) For the conduct of an election under Section 9 or
3-27 Section 12 of this Act, the board shall provide for one director to
4-1 be elected from each of the single-member districts. A director
4-2 elected from a single-member district represents the residents of
4-3 that single-member district.
4-4 (c) To be qualified to be a candidate for or to serve as
4-5 director, a person must be a registered voter in the single-member
4-6 district that the person represents or seeks to represent.
4-7 (d) The initial or permanent directors may revise the
4-8 districts as necessary or appropriate. The board shall revise each
4-9 single-member district after each federal decennial census to
4-10 reflect population changes. At the first election after the
4-11 single-member districts are revised, a new director shall be
4-12 elected from each district. The directors shall draw lots to
4-13 determine which two directors serve two-year terms and which three
4-14 directors serve four-year terms.
4-15 SECTION 7. BOARD OF DIRECTORS. (a) The district is
4-16 governed by a board of five directors.
4-17 (b) A vacancy in the office of director shall be filled by
4-18 appointment of the board until the next election for directors. At
4-19 the next election for directors, a person shall be elected to fill
4-20 the position. If the position is not scheduled to be filled at the
4-21 election, the person elected to fill the position shall serve only
4-22 for the remainder of the unexpired term.
4-23 (c) To be eligible to serve as director, a person must be a
4-24 registered voter in the district.
4-25 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
4-26 directors consists of:
4-27 (1) Jack M. Mcginnis --Voting District No. 1
5-1 (2) John J. Waldrop --Voting District No. 2
5-2 (3) Daniel Kasprowicz --Voting District No. 3
5-3 (4) Gary A. Gibbons --Voting District No. 4
5-4 (5) Steve A. Peirce --Voting District No. 5
5-5 (b) If a temporary director fails to qualify for office, the
5-6 temporary directors who have qualified shall appoint a person to
5-7 fill the vacancy. If at any time there are fewer than three
5-8 qualified temporary directors, the commission shall appoint the
5-9 necessary number of persons to fill all vacancies on the board.
5-10 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
5-11 (a) The temporary board of directors shall call and hold an
5-12 election to confirm establishment of the district and to elect
5-13 initial directors.
5-14 (b) At the confirmation and initial directors' election, the
5-15 temporary board of directors shall have placed on the ballot the
5-16 names of the persons serving as temporary directors who intend to
5-17 run for an initial director's position together with the name of
5-18 any candidate filing for an initial director's position and blank
5-19 spaces to write in the names of other persons.
5-20 (c) Section 41.001(a), Election Code, does not apply to a
5-21 confirmation and initial directors' election held as provided by
5-22 this section.
5-23 (d) If a majority of the votes cast at the election favor
5-24 the creation of the district, the temporary directors shall declare
5-25 the district created. If a majority of the votes cast at the
5-26 election oppose the creation of the district, the temporary
5-27 directors shall declare the district defeated. The temporary
6-1 directors shall file a copy of the election results with the
6-2 commission.
6-3 (e) If a majority of the votes cast at the election oppose
6-4 the creation of the district, the temporary directors may call and
6-5 hold subsequent elections to confirm establishment of the district.
6-6 A subsequent election may not be held earlier than the first
6-7 anniversary after the date on which the previous election was held.
6-8 If the district is not created within three years after the
6-9 effective date of this Act, this Act expires.
6-10 (f) Except as provided by this section, a confirmation
6-11 election must be conducted as provided by Sections 36.017(b)-(h),
6-12 Water Code, and the Election Code.
6-13 SECTION 10. INITIAL DIRECTORS. If creation of the district
6-14 is confirmed under Section 9 of this Act, the initial directors
6-15 shall draw lots to determine which two initial directors serve
6-16 two-year terms and which three initial directors serve four-year
6-17 terms.
6-18 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors
6-19 serve until initial directors are elected under Section 9 of this
6-20 Act or until this Act expires under Section 9(e) of this Act,
6-21 whichever occurs earlier.
6-22 (b) Initial directors serve until permanent directors are
6-23 elected under Section 12 of this Act.
6-24 (c) Permanent directors serve staggered four-year terms.
6-25 (d) A director serves until the director's successor has
6-26 qualified.
6-27 (e) Each director must qualify to serve as director in the
7-1 manner provided by Section 36.055, Water Code.
7-2 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in
7-3 the second year after the year in which the district is authorized
7-4 to be created at a confirmation election, an election shall be held
7-5 in the district on the first Saturday in May every two years to
7-6 elect the appropriate number of directors to the board.
7-7 SECTION 13. DISTRICT FINANCES. (a) Except as provided by
7-8 Subsection (i) of this section, the board may impose an operation
7-9 and maintenance tax if approved by a majority of the qualified
7-10 voters voting at an election called and held for that purpose in
7-11 the manner provided by Section 36.201, Water Code.
7-12 (b) Except as provided by Subsection (i) of this section,
7-13 the board of directors may impose reasonable fees on each nonexempt
7-14 well in the district. The fees may be assessed annually, based on:
7-15 (1) the size of column pipe used in the well;
7-16 (2) the production capacity of the well; or
7-17 (3) actual, authorized, or anticipated pumpage.
7-18 (c) The board may use fees as a regulatory mechanism or a
7-19 revenue-producing mechanism. Not later than December 1, 2003, the
7-20 board shall adopt rules issuing appropriate recharge credits to
7-21 persons in the district who pay fees or taxes to the district and
7-22 who enhance, supplement, improve, or prevent pollution of recharge
7-23 of the Trinity Aquifer.
7-24 (d) The board shall adopt rules regarding the fee rates, the
7-25 manner and form for filing reports of fees, and the manner of
7-26 collecting fees.
7-27 (e) To secure payment of a fee imposed under this section, a
8-1 lien attaches to the property on which the well is located. The
8-2 lien has the same priority and characteristics as a lien for
8-3 district taxes. The district may use the lien and all other powers
8-4 that it possesses to collect the payment of the fee.
8-5 (f) The district may use fees or taxes collected under this
8-6 section to pay for the district's management and operation and to
8-7 pay all or part of the principal of and interest on district bonds
8-8 or notes.
8-9 (g) The board shall use fees or taxes collected under this
8-10 section to pay for:
8-11 (1) studies and planning required to develop a
8-12 scientifically based regulatory program;
8-13 (2) soil and water conservation measures, including
8-14 water-retarding structures and brush management and the
8-15 implementation of other best management practices to address
8-16 natural resource concerns in the district;
8-17 (3) direct installation of water conservation devices
8-18 and early retirement of older devices;
8-19 (4) educational material relating to soil and water
8-20 conservation; and
8-21 (5) enforcement programs or regulatory programs.
8-22 (h) The district may spend fees or taxes for the purposes
8-23 described by Subsection (g)(2) of this section independently or in
8-24 conjunction with other natural resource programs in the district.
8-25 (i) If the district imposes a tax under this section, the
8-26 district may not impose a fee. If the district imposes a fee under
8-27 this section, the district may not impose a tax.
9-1 SECTION 14. ADDITIONAL REGULATORY AUTHORITY. (a) The board
9-2 may require all or certain types of wells to be registered with the
9-3 district.
9-4 (b) Notwithstanding Section 36.117, Water Code:
9-5 (1) the production capacity for an exempt well in the
9-6 district is 10,000 gallons per day or less; and
9-7 (2) an exempt domestic well in the district may not
9-8 serve more than five households.
9-9 (c) A well on or serving a tract of land of less than five
9-10 acres that is installed after the effective date of this Act,
9-11 regardless of whether a plat is required or whether the production
9-12 capacity of the well is less than 10,000 gallons per day, is not an
9-13 exempt well.
9-14 (d) This section does not affect the exempt status of public
9-15 water supply wells under Section 16 of this Act.
9-16 (e) The district may:
9-17 (1) construct, implement, and maintain best management
9-18 practices in the district;
9-19 (2) engage in and promote the acceptance of best
9-20 management practices through education efforts sponsored by the
9-21 district;
9-22 (3) include the construction and maintenance of
9-23 terraces and other structures on land in the district;
9-24 (4) engage in and promote land treatment measures for
9-25 soil conservation and improvement; and
9-26 (5) prepare and implement a plan for the control and
9-27 management of brush within the district.
10-1 SECTION 15. PROHIBITED ACTS. (a) The district may not:
10-2 (1) sell, donate, lease, or otherwise grant rights in
10-3 or to underground water located in the district unless the action
10-4 has been approved by a majority vote of the residents of the
10-5 district;
10-6 (2) enter into any contract or engage in any action to
10-7 purchase, sell, transport, and distribute surface water or
10-8 groundwater for any purpose other than a program for aquifer
10-9 storage and recovery of water;
10-10 (3) assess an ad valorem property tax for
10-11 administrative, operation, and maintenance expenses in excess of
10-12 three cents for each $100 valuation; or
10-13 (4) impose a tax on or charge a fee to any person in
10-14 the district who does not obtain water from the Trinity Aquifer.
10-15 (b) In this section, "person" has the meaning assigned by
10-16 Section 311.005, Government Code.
10-17 SECTION 16. PUBLIC WATER SUPPLY WELLS. (a) A public water
10-18 supply well is exempt from regulation by the district if:
10-19 (1) the well is in existence on the effective date of
10-20 this Act and drilled in compliance with technical requirements in
10-21 effect at the time the well was drilled; or
10-22 (2) the commission has approved plans submitted for
10-23 the installation of the well before the effective date of this Act
10-24 and the installation of the well is completed in accordance with
10-25 the approved plans and the commission's technical requirements
10-26 before the first anniversary of the effective date of this Act.
10-27 (b) The owner of a public water supply well shall register
11-1 the well with the district and submit reports to the district. A
11-2 public water supply well is subject to the district's prohibitions
11-3 on the waste of groundwater.
11-4 (c) The district may not require a construction or operating
11-5 permit for a public water supply well approved by the commission.
11-6 (d) Fees a retail public utility pays to the district shall
11-7 be collected directly from the customers of the utility as a
11-8 regulatory fee and shown as a separate line item on the customer's
11-9 bill.
11-10 SECTION 17. EXEMPTION FOR MUNICIPAL SUPPLIER OR CONSUMER OF
11-11 WATER FROM SOURCE OTHER THAN TRINITY AQUIFER. The district may not
11-12 impose a fee or tax on:
11-13 (1) a person who provides water to a municipality, at
11-14 least 50 percent of which annually is obtained from a source other
11-15 than the Trinity Aquifer; or
11-16 (2) a resident of or other water user within a
11-17 municipality that obtains its water from a person described by
11-18 Subdivision (1), whose source of water is the municipality.
11-19 SECTION 18. BONDS. The district may not issue bonds before
11-20 September 1, 2004.
11-21 SECTION 19. MUNICIPALITY'S OPTION TO CHOOSE DISTRICT. (a)
11-22 If any part of a municipality, a part of which is included within
11-23 the boundaries of the district, is included within the boundaries
11-24 of one or more other groundwater conservation districts created by
11-25 special Act of the 77th Legislature, Regular Session, 2001, and
11-26 confirmed at a subsequent election called for the purpose, the
11-27 municipality, not later than August 31, 2004, at an election called
12-1 for the purpose, may vote to choose the one groundwater
12-2 conservation district of which it will be a part.
12-3 (b) If, after a municipality has held an election authorized
12-4 by Subsection (a), another groundwater conservation district
12-5 created by special Act of the 77th Legislature, Regular Session,
12-6 2001, that includes any part of the municipality is confirmed at an
12-7 election called for the purpose and if the district of which the
12-8 municipality has chosen to be a part has not issued bonds secured
12-9 by ad valorem taxes on any land within the boundaries of the
12-10 municipality, the municipality may hold another election under this
12-11 section to choose whether to remain within the groundwater
12-12 conservation district of which it has chosen to be a part or to
12-13 separate from that district and become part of the newly confirmed
12-14 groundwater conservation district. The district may hold another
12-15 election under this section, regardless of the number of previous
12-16 elections under this section, at any time a district described by
12-17 Subsection (a) is confirmed.
12-18 (c) An election under this section shall be held according
12-19 to the requirements of the Election Code, except to the extent of
12-20 any conflict with the requirements of this section. Section
12-21 41.001(a), Election Code, does not apply to an election under this
12-22 section.
12-23 (d) This section and the results of an election held under
12-24 this section prevail over the provisions of any other Act of the
12-25 77th Legislature, Regular Session, 2001, regardless of the relative
12-26 dates on which this Act and the other Act may be enacted and become
12-27 law.
13-1 SECTION 20. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
13-2 (a) The proper and legal notice of the intention to introduce this
13-3 Act, setting forth the general substance of this Act, has been
13-4 published as provided by law, and the notice and a copy of this Act
13-5 have been furnished to all persons, agencies, officials, or
13-6 entities to which they are required to be furnished by the
13-7 constitution and other laws of this state, including the governor,
13-8 who has submitted the notice and Act to the commission.
13-9 (b) The commission has filed its recommendations relating to
13-10 this Act with the governor, lieutenant governor, and speaker of the
13-11 house of representatives within the required time.
13-12 (c) All requirements of the constitution and laws of this
13-13 state and the rules and procedures of the legislature with respect
13-14 to the notice, introduction, and passage of this Act are fulfilled
13-15 and accomplished.
13-16 SECTION 21. EFFECTIVE DATE. This Act takes effect
13-17 immediately if it receives a vote of two-thirds of all the members
13-18 elected to each house, as provided by Section 39, Article III,
13-19 Texas Constitution. If this Act does not receive the vote
13-20 necessary for immediate effect, this Act takes effect September 1,
13-21 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2005 was passed by the House on April
27, 2001, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2005 on May 24, 2001, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2005 on May 27, 2001, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2005 was passed by the Senate, with
amendments, on May 23, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting; at the request of the House, the Senate
appointed a conference committee to consider the differences
between the two houses; and that the Senate adopted the conference
committee report on H.B. No. 2005 on May 27, 2001, by the following
vote: Yeas 30, Nays 0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor