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AN ACT
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relating to the name and confirmation of, and to certain fees |
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imposed by, the McLennan County Groundwater Conservation District |
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and to the authority to create certain adjacent groundwater |
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conservation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 8821, Special District |
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Local Laws Code, is amended to read as follows: |
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CHAPTER 8821. SOUTHERN TRINITY [MCLENNAN COUNTY] |
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GROUNDWATER CONSERVATION DISTRICT |
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SECTION 2. Subdivision (3), Section 8821.001, Special |
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District Local Laws Code, is amended to read as follows: |
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(3) "District" means the Southern Trinity [McLennan
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County] Groundwater Conservation District. |
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SECTION 3. Section 8821.002, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8821.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in McLennan County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. The district is located in a priority |
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groundwater management area designated by the Texas Commission on |
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Environmental Quality pursuant to Section 35.008, Water Code. |
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SECTION 4. Section 8821.024, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8821.024. INITIAL DIRECTORS. (a) The [If creation of
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the district is confirmed at an election held under Section
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8821.023, the] temporary directors are [become] the initial |
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directors and serve for the terms provided by Subsection (b). |
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(b) The initial directors representing commissioners |
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precincts 2 and 4 serve a term expiring on December 31, 2011 |
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[following the expiration of two years after the date of the
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confirmation election], and the initial directors representing |
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commissioners precincts 1 and 3 and the at-large director serve a |
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term expiring on December 31, 2013 [following the expiration of
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four years after the date of the confirmation election]. |
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SECTION 5. Section 8821.025, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8821.025. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires December 31, 2013 [September 1, 2012]. |
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SECTION 6. Section 8821.152, Special District Local Laws |
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Code, is amended to read as follows: |
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Sec. 8821.152. DISTRICT REVENUES. (a) The district by |
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rule, resolution, or order may establish, amend, pledge, encumber, |
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expend the proceeds from, and assess to any person fees for services |
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or production fees based on the amount of groundwater authorized by |
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permit to be withdrawn from a well, or on the amount of water |
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actually withdrawn, to enable the district to fulfill its purposes |
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and regulatory functions as provided by this chapter. The district |
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may use revenues generated by fees it assesses for any lawful |
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purpose. |
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(b) Notwithstanding any provision of general law to the |
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contrary, a fee authorized by Subsection (a) may not exceed: |
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(1) $1 per acre-foot annually for groundwater used for |
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agricultural purposes; or |
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(2) 30 cents per thousand gallons annually for |
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groundwater used for nonagricultural purposes. |
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(c) Notwithstanding any provision of general law or this |
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chapter to the contrary, if any, the district may assess a |
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production fee under this section for groundwater produced from a |
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well or class of wells exempt from permitting under Section 36.117, |
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Water Code, except for a well exempt from permitting under Section |
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36.117(b)(1), Water Code. A production fee assessed by the |
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district under this subsection must be based on the amount of |
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groundwater actually withdrawn from the well and may not exceed the |
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amount established by the district for permitted uses under |
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Subsection (b)(2) of this section [FEES.
The district may impose a
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user fee to pay for the creation and operation of the district,
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including permit hearings. The district may not impose a fee for
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agricultural use that is more than 20 percent of the rate for
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municipal use]. |
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SECTION 7. The following provisions of the Special District |
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Local Laws Code are repealed: |
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(1) Subsection (c), Section 8821.021; and |
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(2) Sections 8821.003 and 8821.023. |
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SECTION 8. Notwithstanding Sections 35.012 and 36.0151, |
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Water Code, the Texas Commission on Environmental Quality shall |
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not, before September 1, 2011, create a groundwater conservation |
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district: |
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(1) in the priority groundwater management area in |
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which the Southern Trinity Groundwater Conservation District is |
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located; or |
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(2) in a priority groundwater management area that is |
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adjacent to the priority groundwater management area in which the |
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Southern Trinity Groundwater Conservation District is located. |
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SECTION 9. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2513 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0; |
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May 28, 2009, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 30, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2513 passed the House, with |
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amendment, on May 19, 2009, by the following vote: Yeas 145, |
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Nays 0, one present not voting; May 30, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 143, Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |