H.B. No. 4032
 
 
 
 
AN ACT
  relating to the creation of the Colorado County Groundwater
  Conservation District; providing authority to impose a tax and
  issue bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle H, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8824 to read as follows:
  CHAPTER 8824. COLORADO COUNTY GROUNDWATER CONSERVATION DISTRICT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8824.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a member of the board.
               (3)  "District" means the Colorado County Groundwater
  Conservation District.
         Sec. 8824.002.  NATURE OF DISTRICT. The district is a
  groundwater conservation district in Colorado County created under
  and essential to accomplish the purposes of Section 59, Article
  XVI, Texas Constitution.
         Sec. 8824.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held before September 1, 2011:
               (1)  the district is dissolved on September 1, 2011,
  except that:
                     (A)  any debts incurred shall be paid;
                     (B)  any assets that remain after the payment of
  debts shall be transferred to Colorado County; and
                     (C)  the organization of the district shall be
  maintained until all debts are paid and remaining assets are
  transferred; and
               (2)  this chapter expires on September 1, 2013.
         Sec. 8824.004.  INITIAL DISTRICT TERRITORY. The initial
  boundaries of the district are coextensive with the boundaries of
  Colorado County, Texas, except that the district does not include
  any territory that is included in the boundaries of the Coastal Bend
  Groundwater Conservation District as of the effective date of the
  Act enacting this chapter.
         Sec. 8824.005.  APPLICABILITY OF OTHER GROUNDWATER
  CONSERVATION DISTRICT LAW.  Except as otherwise provided by this
  chapter, Chapter 36, Water Code, applies to the district.
  [Sections 8824.006-8824.020 reserved for expansion]
  SUBCHAPTER A-1.  TEMPORARY PROVISIONS
         Sec. 8824.021.  APPOINTMENT OF TEMPORARY DIRECTORS. (a)
  Not later than September 11, 2007, the Colorado County
  Commissioners Court shall appoint seven temporary directors.  
  Temporary directors must meet the qualifications provided by
  Section 8824.052 for permanent directors.
         (b)  If there is a vacancy on the temporary board of
  directors of the district, the remaining temporary directors shall
  select a qualified person to fill the vacancy.  If, at any time,
  there are three or more vacancies on the temporary board, the
  Colorado County Commissioners Court shall appoint a qualified
  person to fill each vacancy.
         (c)  Temporary directors serve until the earlier of:
               (1)  the time initial directors are elected as provided
  by Section 8824.023;  or
               (2)  the date this chapter expires under Section
  8824.003.
         Sec. 8824.022.  ORGANIZATIONAL MEETING OF TEMPORARY
  DIRECTORS. (a)  As soon as practicable after all the temporary
  directors have qualified under Section 36.055, Water Code, a
  majority of the temporary directors shall convene the
  organizational meeting of the district at a location within the
  district agreeable to a majority of the directors.  If an agreement
  on location cannot be reached, the organizational meeting shall be
  at the Colorado County Courthouse.
         (b)  At the meeting, the temporary directors shall elect a
  presiding officer, assistant presiding officer, and secretary from
  among the temporary directors.
         Sec. 8824.023.  CONFIRMATION AND INITIAL DIRECTORS' 
  ELECTION.  (a) The temporary board of directors shall hold an
  election to confirm the creation of the district and elect seven
  initial directors.
         (b)  Section 41.001(a), Election Code, does not apply to a
  confirmation election held as provided by this section.
         (c)  Except as provided by this section, a confirmation
  election must be conducted as provided by Sections 36.017(b)-(i),
  Water Code, and the Election Code.
         (d)  The ballot for the election must be printed to provide
  for voting for or against the proposition: "The creation of the
  Colorado County Groundwater Conservation District and the levy of
  an ad valorem tax in the district at a rate not to exceed three cents
  for each $100 of assessed valuation."
         (e)  The temporary board of directors may include any other
  proposition on the ballot that the directors determine necessary.
         (f)  If a majority of the votes cast at the election are not
  in favor of the creation of the district, the temporary board of
  directors may hold a subsequent confirmation election. The
  subsequent election may not be held before the month in which the
  first anniversary of the date on which the preceding election was
  held occurs.
         (g)  The initial directors for positions one, three, five,
  and seven shall serve until the first regularly scheduled election
  of directors under Section 8824.053. The initial directors for the
  remaining positions shall serve until the second regularly
  scheduled election of directors under Section 8824.053.
         Sec. 8824.024.  EXPIRATION OF SUBCHAPTER.  This subchapter
  expires September 1, 2013.
  [Sections 8824.025-8824.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8824.051.  DIRECTORS; TERMS.  (a)  The district is
  governed by a board of seven directors.
         (b)  Directors serve staggered four-year terms.
         (c)  A director may serve only two consecutive terms.
         Sec. 8824.052.  METHOD OF ELECTING DIRECTORS. (a) Except as
  provided by Subsection (e), the directors of the district shall be
  elected as follows:
               (1)  the directors for positions 1 through 4 must
  reside in Colorado County Commissioners Precincts 1 through 4,
  respectively, and are elected by the voters of the applicable
  county commissioners precinct; and
               (2)  the directors for positions 5 through 7 must
  reside in the cities of Columbus, Eagle Lake, and Weimar,
  respectively, and are elected at large by the voters of the
  district.
         (b)  To be eligible to be a candidate for or to serve as a
  director, a person must be a registered voter.
         (c)  A person shall indicate on the application for a place
  on the ballot the position on the board to which the person seeks to
  be elected.
         (d)  When the boundaries of the county commissioners
  precincts are redrawn after each federal decennial census to
  reflect population changes, a director in office on the effective
  date of the change, or a director elected or appointed before the
  effective date of the change whose term of office begins on or after
  the effective date of the change, shall serve in the precinct to
  which elected or appointed even though the change in boundaries
  places the person's residence outside the precinct for which the
  person was elected or appointed.
         (e)  If territory is added to the district, the board shall
  change the method of electing directors as necessary to ensure that
  all district voters are fairly represented.  A change in the method
  of electing directors adopted by the board under this subsection
  shall be implemented at the next directors' election at which the
  change can be implemented consistently with the Election Code and
  federal law.
         Sec. 8824.053.  ELECTION DATE.  The district shall hold an
  election to elect the appropriate number of directors on the
  uniform election date prescribed by Section 41.001, Election Code,
  in November of each even-numbered year.
         Sec. 8824.054.  DIVISION OF MUNICIPALITY.  The provision of
  Section 36.059(b), Water Code, concerning the division of a
  municipal corporation among precincts does not apply to an election
  under this chapter.
         Sec. 8824.055.  COMPENSATION;  REIMBURSEMENT. (a)  
  Notwithstanding Section 36.060, Water Code, a director is not
  entitled to receive compensation for performing the duties of a
  director.
         (b)  The board may authorize a director to receive
  reimbursement for the director's reasonable expenses incurred
  while engaging in activities on behalf of the district.
         Sec. 8824.056.  VACANCY. A vacancy in the office of director
  shall be filled by appointment of the board. The appointed director
  serves only for the remainder of the unexpired term to which the
  director was appointed.
  [Sections 8824.057-8824.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8824.101.  RESTRICTIONS ON GENERAL POWERS. Sections
  36.103 and 36.104, Water Code, do not apply to the district.
         Sec. 8824.102.  PROHIBITION ON REQUIRING METERING OF EXEMPT
  WELLS. The district may not require meters on wells exempt from
  permitting or regulation under Section 36.117, Water Code.
         Sec. 8824.103.  RIGHT TO ENTER LAND. (a) A district
  director or employee or a person who contracts with the district may
  enter private property on behalf of the district without obtaining
  the permission of the property owner only if:
               (1)  the purpose of the entry is to conduct an
  investigation of a violation of or enforce a district rule; and
               (2)  the property owner is provided reasonable notice
  before the property is entered.
         (b)  A district director or employee or a person who
  contracts with the district must obtain the permission of a
  property owner before entering private property on behalf of the
  district for any purpose other than the purposes described by
  Subsection (a)(1).
         Sec. 8824.104.  WELL SPACING RULES; EXEMPTIONS.  (a)  Except
  as provided by Subsection (b), the district shall exempt from the
  well spacing requirements adopted by the district any well that is
  completed on or before the effective date of those requirements.
         (b)  The district may provide by rule that a well may lose its
  exemption under this section if the well is modified in a manner
  that substantially increases the capacity of the well after the
  effective date of the well spacing requirements adopted by the
  district.
         (c)  Except as provided by this section, the district may
  require any well or class of wells exempt from permitting under
  Chapter 36, Water Code, to comply with the well spacing
  requirements adopted by the district.  The district shall apply
  well spacing requirements uniformly to any well or class of wells
  based on the size or capacity of the well and without regard to the
  type of use of the groundwater produced by the well.
         Sec. 8824.105.  REGISTRATION AND REPORTING REQUIREMENTS FOR
  CERTAIN EXEMPT WELLS. The district may adopt rules that require the
  owner or operator of a well or class of wells exempt from permitting
  under Section 36.117, Water Code, to register the well with the
  district and, notwithstanding Section 8824.102, if the well is not
  exempt under Section 36.117(b)(1), Water Code, to report
  groundwater withdrawals from the well using reasonable and
  appropriate reporting methods and frequency.
         Sec. 8824.106.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  [Sections 8824.107-8824.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8824.151.  REVENUE.  (a) To pay the maintenance and
  operating costs of the district and to pay any bonds or notes issued
  by the district, the district may:
               (1)  impose ad valorem taxes at a rate not to exceed
  three cents on each $100 of assessed valuation of taxable property
  in the district; or
               (2)  assess reasonable fees for:
                     (A)  services provided;
                     (B)  water withdrawn from each well that is not
  exempt from district permitting or regulation; or
                     (C)  groundwater exported from the district.
         (b)  In determining a tax rate under Subsection (a)(1), the
  board shall take into consideration the income of the district from
  sources other than taxation.
         Sec. 8824.152.  GRANTS, GIFTS, AND DONATIONS. The district
  may solicit and accept grants, gifts, and donations from any public
  or private source.
  [Sections 8824.153-8824.200 reserved for expansion]
  SUBCHAPTER E. DISSOLUTION
         Sec. 8824.201.  SUBCHAPTER CUMULATIVE.  The provisions of
  this subchapter are cumulative of the provisions of Subchapter I,
  Chapter 36, Water Code.
         Sec. 8824.202.  DISSOLUTION BY ELECTION. (a) After January
  1, 2016, the board shall order an election on the question of
  dissolving the district if the board receives a petition requesting
  that an election be held for that purpose that is signed by at least
  15 percent of the district's registered voters.
         (b)  Not later than the 30th day after the date the board
  receives the petition, the directors shall:
               (1)  validate the signatures on the petition; and
               (2)  if the signatures are validated, order an election
  on the next uniform election date under Section 41.001, Election
  Code.
         (c)  The order calling the election must state the nature of
  the election, including the proposition that is to appear on the
  ballot.
         Sec. 8824.203.  NOTICE OF ELECTION. Notice of an election
  under this subchapter must be provided by posting a copy of the
  order calling the election in at least one conspicuous place for at
  least 10 days before the day of the election:
               (1)  at the Colorado County Courthouse;
               (2)  in each Colorado County commissioners precinct;
  and
               (3)  in the cities of Columbus, Eagle Lake, and Weimar.
         Sec. 8824.204.  BALLOT. The ballot for an election under
  this subchapter must be printed to permit voting for or against the
  proposition: "The dissolution of the Colorado County Groundwater
  Conservation District."
         Sec. 8824.205.  ELECTION RESULTS; DISPOSITION OF ASSETS. If
  a majority of the votes in an election under this subchapter favor
  dissolution:
               (1)  the board shall find that the district is
  dissolved;  and
               (2)  Section 36.310, Water Code, applies for the
  purpose of disposition of the district's assets.
         SECTION 2.  Chapter 303, Acts of the 77th Legislature,
  Regular Session, 2001, is repealed.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor has submitted the notice and Act to the
  Texas Commission on Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor,
  lieutenant governor, and speaker of the house of representatives
  within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4032 was passed by the House on May
  11, 2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4032 on May 26, 2007, by the following vote:  Yeas 143, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4032 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor