Bill Text: TX HB2407 | 2015-2016 | 84th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Comal Trinity Groundwater Conservation District; providing authority to issue bonds; providing authority to impose assessments, fees, or surcharges.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-17 - Effective immediately [HB2407 Detail]
Download: Texas-2015-HB2407-Comm_Sub.html
Bill Title: Relating to the creation of the Comal Trinity Groundwater Conservation District; providing authority to issue bonds; providing authority to impose assessments, fees, or surcharges.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-17 - Effective immediately [HB2407 Detail]
Download: Texas-2015-HB2407-Comm_Sub.html
84R24917 TSR-D | |||
By: Miller of Comal | H.B. No. 2407 | ||
Substitute the following for H.B. No. 2407: | |||
By: Kacal | C.S.H.B. No. 2407 |
|
||
|
||
relating to the creation of the Comal Trinity Groundwater | ||
Conservation District; providing authority to issue bonds; | ||
providing authority to impose assessments, fees, or surcharges. | ||
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 8875 to read as follows: | ||
CHAPTER 8875. COMAL TRINITY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8875.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Commissioners court" means the Comal County | ||
Commissioners Court. | ||
(4) "Director" means a member of the board. | ||
(5) "District" means the Comal Trinity Groundwater | ||
Conservation District. | ||
(6) "Retail public utility" means a retail public | ||
utility as defined by Section 13.002, Water Code, that is providing | ||
service in the district. | ||
Sec. 8875.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Comal County created under and | ||
essential to accomplish the purposes of Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8875.003. INITIAL DISTRICT TERRITORY. The initial | ||
boundaries of the district are coextensive with the boundaries of | ||
Comal County, Texas, except that the district does not include any | ||
territory that is included in the boundaries of the Trinity Glen | ||
Rose Groundwater Conservation District. | ||
Sec. 8875.004. CONFLICTS OF LAW. This chapter prevails | ||
over any provision of general law, including a provision of Chapter | ||
36, Water Code, that is in conflict or is inconsistent with this | ||
chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8875.051. COMPOSITION OF BOARD. The district is | ||
governed by a board of seven appointed directors. | ||
Sec. 8875.052. TERMS AND APPOINTMENT OF DIRECTORS. (a) | ||
Directors serve staggered four-year terms. Directors are appointed | ||
by the commissioners court as follows: | ||
(1) three directors shall be appointed from the | ||
incorporated areas of Comal County; and | ||
(2) four directors shall be appointed with one | ||
director appointed from each of the four commissioners court | ||
precincts. | ||
(b) To be appointed under this section, a person: | ||
(1) must be a registered voter of Comal County; and | ||
(2) to the extent practicable, should be familiar with | ||
the use of water by industry and commerce, municipal and rural | ||
utilities, agriculture, and private wells. | ||
Sec. 8875.053. VACANCIES. If there is a vacancy on the | ||
board, the commissioners court shall appoint a person to fill the | ||
vacancy for the remainder of the term in a manner that meets the | ||
representational requirements of Section 8875.052. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8875.101. GROUNDWATER CONSERVATION DISTRICT POWERS | ||
AND DUTIES. The district has the rights, powers, privileges, | ||
functions, and duties provided by the general law of this state, | ||
including Chapter 36, Water Code, applicable to groundwater | ||
conservation districts created under Section 59, Article XVI, Texas | ||
Constitution. | ||
Sec. 8875.102. CONTRACTS. The district may contract with a | ||
state agency or political subdivision, including a municipality, a | ||
county, a river authority, or another district, to carry out any | ||
function of the district. | ||
Sec. 8875.103. BEST MANAGEMENT PRACTICES. (a) The | ||
district may participate in the development and implementation of | ||
best management practices for water resource management in the | ||
district and may engage in and promote the acceptance of best | ||
management practices through education efforts sponsored by the | ||
district. | ||
(b) Development and implementation of best management | ||
practices must address water quantity and quality practices such as | ||
brush management, prescribed grazing, recharge structures, water | ||
and silt detention and retention structures, plugging of abandoned | ||
wells, rainwater harvesting, and other treatment measures for the | ||
conservation of water resources. | ||
(c) The district may not adopt or implement a best | ||
management practice that is in conflict with or duplicative of a | ||
best management practice adopted by another groundwater | ||
conservation district whose territory covers any part of Comal | ||
County. | ||
Sec. 8875.104. LIMITATIONS ON DISTRICT POWERS. (a) The | ||
district may not: | ||
(1) require the owner of a well exempt from permitting | ||
to install a meter or measuring device on the well; or | ||
(2) assess and collect a production fee on wells | ||
exempt from permitting. | ||
(b) The district does not have the authority granted by | ||
Sections 36.020 and 36.201-36.204, Water Code, relating to taxes. | ||
Sec. 8875.105. PRODUCTION LIMITS AND PERMITS FOR CERTAIN | ||
WELLS. (a) In this section: | ||
(1) "Maximum production capacity" means the | ||
production capacity of a well that is based on a 36-hour pump test | ||
conducted at the time the well was initially constructed or placed | ||
into service. | ||
(2) "Trinity Aquifer" means the Trinity group of | ||
aquifers, including the: | ||
(A) Upper Trinity, consisting of the Upper Glen | ||
Rose Limestone; | ||
(B) Middle Trinity, consisting of the Lower Glen | ||
Rose Limestone, the Hensall Sand, and the Cow Creek Limestone; and | ||
(C) Lower Trinity, consisting of the Sligo | ||
Limestone and the Hosston Sand. | ||
(b) Notwithstanding Section 36.117(j), Water Code, the | ||
district shall issue to an applicant a permit for a well that is not | ||
exempt from permitting and that was drilled into or through the | ||
Trinity Aquifer on or before the effective date of the Act enacting | ||
this chapter that authorizes the production of the well at an amount | ||
not less than the maximum production capacity of the well. | ||
(c) Notwithstanding Section 36.117(j), Water Code, a well | ||
that is not exempt from permitting and that was drilled into or | ||
through the Trinity Aquifer after the effective date of the Act | ||
enacting this chapter requires a permit from the district. | ||
Sec. 8875.106. WELL EXEMPTION. A well is exempt from the | ||
requirement to obtain a withdrawal permit provided that the well: | ||
(1) is used solely for domestic use or for providing | ||
water for livestock or poultry regardless of land lot size and is | ||
drilled, completed, or equipped so that it is incapable of | ||
producing more than 25,000 gallons of groundwater a day; | ||
(2) is not capable of producing more than 10,000 | ||
gallons of water a day; or | ||
(3) is metered and does not produce more than 10 | ||
acre-feet of water in a calendar year. | ||
Sec. 8875.107. MEASURING DEVICES. (a) The owner of a | ||
nonexempt well shall install and maintain a water well meter, or | ||
alternative measuring device or method approved by the district, | ||
designed to indicate the flow rate and cumulative amount of water | ||
withdrawn by that well, on each individual well no later than 36 | ||
months after the effective date of the Act enacting this chapter. | ||
(b) A well owner is responsible for the costs of installing, | ||
operating, and maintaining measuring devices. | ||
Sec. 8875.108. NO EMINENT DOMAIN. The district may not | ||
exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8875.151. FEES. (a) The district may set a reasonable | ||
fee for administrative management on a per well basis. The district | ||
may set a fee for administrative management on: | ||
(1) a well used solely for domestic or livestock | ||
purposes in an amount not greater than $15 per well, per year; and | ||
(2) a well that is exempt from permitting and that is | ||
not used solely for domestic or livestock purposes in an amount not | ||
greater than $50 per well, per year. | ||
(b) The district may impose reasonable production fees on | ||
each well that is not exempt from permitting based on the amount of | ||
water actually withdrawn from the well. The district may not impose | ||
a production fee under this subsection in an amount greater than: | ||
(1) $1 per acre-foot for groundwater used for | ||
agricultural purposes; or | ||
(2) $40 per acre-foot for groundwater used for any | ||
other purpose. | ||
SECTION 2. Not later than December 31, 2015, the Comal | ||
County Commissioners Court shall appoint the directors of the Comal | ||
Trinity Groundwater Conservation District as provided by Section | ||
8875.052, Special District Local Laws Code, as added by this Act. | ||
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, one of the required recipients, 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, the | ||
lieutenant governor, and the 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, 2015. |