This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 1985
 
 
 
 
AN ACT
  relating to the creation of the McLennan 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 8821 to read as follows:
  CHAPTER 8821. MCLENNAN COUNTY GROUNDWATER
  CONSERVATION DISTRICT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8821.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the McLennan County Groundwater
  Conservation District.
         Sec. 8821.002.  NATURE OF DISTRICT. The district is a
  groundwater conservation district in McLennan County created under
  and essential to accomplish the purposes of Section 59, Article
  XVI, Texas Constitution.
         Sec. 8821.003.  CONFIRMATION ELECTION REQUIRED. (a)  If the
  creation of the district is not confirmed at a confirmation
  election held before September 1, 2012:
               (1)  the district is dissolved on September 1, 2012,
  except that the district shall:
                     (A)  pay any debts incurred;
                     (B)  transfer to McLennan County any assets that
  remain after the payment of debts; and
                     (C)  maintain the organization of the district
  until all debts are paid and remaining assets are transferred; and
               (2)  this chapter expires on September 1, 2012.
         (b)  This section expires on September 1, 2012.
         Sec. 8821.004.  INITIAL DISTRICT TERRITORY. The initial
  boundaries of the district are coextensive with the boundaries of
  McLennan County, Texas.
         Sec. 8821.005.  CONSTRUCTION OF CHAPTER.  This chapter shall
  be liberally construed to achieve the legislative intent and
  purposes of Chapter 36, Water Code.  A power granted by Chapter 36,
  Water Code, or this chapter shall be broadly interpreted to achieve
  that intent and those purposes.
         Sec. 8821.006.  APPLICABILITY OF OTHER GROUNDWATER
  CONSERVATION DISTRICT LAW.  Except as otherwise provided by this
  chapter, Chapter 36, Water Code, applies to the district.
  [Sections 8821.007-8821.020 reserved for expansion]
  SUBCHAPTER A-1.  TEMPORARY PROVISIONS
         Sec. 8821.021.  APPOINTMENT OF TEMPORARY DIRECTORS.
  (a)  Not later than the 45th day after the effective date of this
  chapter, five temporary directors shall be appointed as follows:
               (1)  the McLennan County Commissioners Court shall
  appoint one temporary director from each of the four commissioners
  precincts in the county to represent the precincts in which the
  temporary directors reside; and
               (2)  the county judge of McLennan County shall appoint
  one temporary director who resides in the district to represent the
  district at large.
         (b)  If there is a vacancy on the temporary board, the
  authority who appointed the temporary director whose position is
  vacant shall appoint a person to fill the vacancy.
         (c)  Temporary directors serve until the earlier of:
               (1)  the time the temporary directors become initial
  directors as provided by Section 8821.024; or
               (2)  the date this chapter expires under Section
  8821.003.
         Sec. 8821.022.  ORGANIZATIONAL MEETING OF TEMPORARY
  DIRECTORS. 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 McLennan County Courthouse.
         Sec. 8821.023.  CONFIRMATION ELECTION.  (a)  The temporary
  directors shall hold an election to confirm the creation of the
  district.
         (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), (c),
  and (e)-(i), Water Code, and the Election Code.  Section 36.017(d),
  Water Code, does not apply to the confirmation election.
         (d)  The ballot for the election must be printed in
  accordance with the Election Code and provide for voting for or
  against the proposition:  "The creation of the McLennan County
  Groundwater Conservation District."
         (e)  If a majority of the votes cast at the election are not
  in favor of the creation of the district, the temporary directors
  may call and hold a subsequent confirmation election.  The
  subsequent election may not be held before the first anniversary of
  the date on which the previous election was held.
         (f)  The district may contract with the elections
  administrator of McLennan County to conduct an election under this
  section.
         Sec. 8821.024.  INITIAL DIRECTORS. (a)  If creation of the
  district is confirmed at an election held under Section 8821.023,
  the temporary directors become the initial directors and serve for
  the terms provided by Subsection (b).
         (b)  The initial directors representing commissioners
  precincts 2 and 4 serve a term expiring on December 31 following the
  expiration of two years after the date of the confirmation
  election, and the initial directors representing commissioners
  precincts 1 and 3 and the at-large director serve a term expiring on
  December 31 following the expiration of four years after the date of
  the confirmation election.
         Sec. 8821.025.  EXPIRATION OF SUBCHAPTER.  This subchapter
  expires September 1, 2012.
  [Sections 8821.026-8821.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8821.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms, with two or
  three directors' terms expiring December 31 of each even-numbered
  year.
         (c)  A director may not serve more than three consecutive
  terms.
         Sec. 8821.052.  APPOINTMENT OF DIRECTORS.  (a)  The McLennan
  County Commissioners Court shall appoint one director from each of
  the four commissioners precincts and one director to represent the
  district at large.
         (b)  Except as provided by Subsection (c), to be eligible to
  serve as director at large, a person must be a registered voter in
  the district.  To serve as director from a county commissioners
  precinct, a person must be a registered voter of that precinct.
         (c)  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 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
  appointed even though the change in boundaries places the person's
  residence outside the precinct for which the person was appointed.
  [Sections 8821.053-8821.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8821.101.  GROUNDWATER CONSERVATION DISTRICT POWERS
  AND DUTIES. Except as provided by this chapter, the district has
  the powers and duties provided by the general law of this state,
  including Chapter 36, Water Code, and Section 59, Article XVI,
  Texas Constitution, applicable to groundwater conservation
  districts.
         Sec. 8821.102.  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, 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. 8821.103.  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. 8821.104.  ADOPTION OF RULES AND ISSUANCE OF PERMITS.  
  Before the district adopts a management plan, the district may
  adopt rules and issue permits.
         Sec. 8821.105.  CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.  
  The district and another governmental entity, including a river
  authority located in the district, may contract for the performance
  by that entity of a district function.
         Sec. 8821.106.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         Sec. 8821.107.  DISTRICT TERRITORY REQUIREMENTS;
  DISSOLUTION OF DISTRICT. (a)  On September 1, 2011, the district
  boundaries must include at least one county adjacent to McLennan
  County.
         (b)  As soon as practicable after September 1, 2011, the
  Texas Commission on Environmental Quality shall determine whether
  the district complies with Subsection (a).
         (c)  If the Texas Commission on Environmental Quality
  determines that the district does not comply with Subsection (a),
  the commission shall dissolve the district in accordance with
  Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310, Water
  Code, regardless of whether the district meets the criteria for
  dissolution under Section 36.304(a), Water Code.
         (d)  This section expires September 1, 2013.
  [Sections 8821.108-8821.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8821.151.  REVENUE.  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)  assess fees for services or for water withdrawn
  from nonexempt wells; or
               (2)  solicit and accept grants from any private or
  public source.
         Sec. 8821.152.  FEES. The district may impose a user fee to
  pay for the creation and operation of the district, including
  permit hearings. The district may not impose a fee for agricultural
  use that is more than 20 percent of the rate for municipal use.
  [Sections 8821.153-8821.200 reserved for expansion]
  SUBCHAPTER E.  DISSOLUTION
         Sec. 8821.201.  ELECTION FOR DISSOLUTION.  (a)  If the
  district has no outstanding bond or other long-term indebtedness,
  the district may be dissolved by a favorable vote of a majority of
  the registered voters of the district at an election held for that
  purpose.
         (b)  The board shall hold a dissolution election if the board
  receives a petition for dissolution signed by at least 50 percent of
  the registered voters in the district as computed by using the list
  of registered voters for McLennan County.
         (c)  If the district is dissolved under this section, the
  board shall:
               (1)  notify the Texas Commission on Environmental
  Quality and the secretary of state of the dissolution; and
               (2)  transfer title to any assets of the district to
  McLennan County.
         SECTION 2.  (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 3.  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 hereby certify that S.B. No. 1985 passed the Senate on
  May 2, 2007, by the following vote: Yeas 30, Nays 0; and that the
  Senate concurred in House amendment on May 26, 2007, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1985 passed the House, with
  amendment, on May 23, 2007, by the following vote: Yeas 144,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor