83R22546 SGA-F
	By: Workman	H.B. No. 2640

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the Western Travis County Groundwater
	Conservation District; providing general law authority to issue
	bonds and exercise the power of eminent domain; providing general
	law authority to impose assessments, fees, surcharges, or taxes.
	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 8871 to read as follows:
	CHAPTER 8871. WESTERN TRAVIS COUNTY GROUNDWATER CONSERVATION
	DISTRICT
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 8871.001.  DEFINITIONS. In this chapter:
	(1)  "Board" means the district's board of directors.
	(2)  "Director" means a board member.
	(3)  "District" means the Western Travis County
	Groundwater Conservation District.
	Sec. 8871.002.  NATURE OF DISTRICT. The district is a
	groundwater conservation district in Travis County created under
	and essential to accomplish the purposes of Section 59, Article
	XVI, Texas Constitution.
	Sec. 8871.003.  FINDINGS OF PUBLIC USE AND BENEFIT. (a) The
	district is created to serve a public use and benefit.
	(b)  All land and other property included in the district
	will benefit from the works and projects accomplished by the
	district under the powers conferred by Section 59, Article XVI,
	Texas Constitution.
	Sec. 8871.004.  INITIAL DISTRICT TERRITORY. (a) The
	district is initially composed of the territory described by
	Section 2 of the Act creating this chapter.
	(b)  The boundaries and field notes contained in Section 2 of
	the Act creating this chapter form a closure. A mistake made in the
	field notes or in copying the field notes in the legislative process
	does not affect the district's:
	(1)  organization, existence, or validity;
	(2)  right to issue any type of bond for the purposes
	for which the district is created or to pay the principal of and
	interest on a bond;
	(3)  right to impose a tax; or
	(4)  legality or operation.
	Sec. 8871.005.  CONFLICTS OF LAW. To the extent of any
	conflict, this chapter or a rule adopted under this chapter
	prevails over an ordinance or order of Travis County.
	SUBCHAPTER A-1.  TEMPORARY PROVISIONS
	Sec. 8871.021.  APPOINTMENT OF TEMPORARY DIRECTORS;
	VACANCIES; TERMS.  (a)  Five temporary directors shall be appointed
	not later than the 90th day after the effective date of the Act
	creating this chapter as follows:
	(1)  the county judge of Travis County shall appoint
	two temporary directors;
	(2)  the county commissioner for the county
	commissioners precinct in which the district is located shall
	appoint one temporary director;
	(3)  the state representative who represents the house
	district in which the district is located shall appoint one
	temporary director; and
	(4)  the state senator who represents the senate
	district in which the district is located shall appoint one
	temporary director.
	(b)  If a temporary director fails to qualify for office or a
	vacancy occurs on the temporary board, the remaining temporary
	directors shall appoint a person to fill the vacancy. If at any time
	there are fewer than three temporary directors, the governor shall
	appoint the necessary number of persons to fill all vacancies on the
	board.
	(c)  Temporary directors serve until the date initial
	directors are elected at an election held under Section 8871.024.
	Sec. 8871.022.  ORGANIZATIONAL MEETING. (a) Not later than
	the 45th day after the date on which the fifth temporary director is
	appointed under Section 8871.021, the temporary directors shall
	hold the organizational meeting of the district.
	(b)  The temporary directors shall select from among
	themselves a president, a vice president, and a secretary.
	Sec. 8871.023.  AUTHORITY OF TEMPORARY DIRECTORS. (a)
	Except as provided by Subsections (c) and (d) or otherwise by this
	subchapter, the temporary directors of the district have the same
	permitting and general management powers as those granted to
	initial and permanent directors under Chapter 36, Water Code.
	(b)  The temporary directors or their designees have the
	authority to enter any public or private property located in the
	district to inspect a water well as provided by Section 36.123,
	Water Code.
	(c)  Except as provided by Section 8871.024, the temporary
	directors do not have the authority granted by the following
	provisions of Chapter 36, Water Code:
	(1)  Sections 36.017, 36.019, 36.020, and 36.059;
	(2)  Sections 36.105, 36.1071, 36.1072, 36.1073, and
	36.108;
	(3)  Sections 36.171-36.181;
	(4)  Sections 36.201-36.204; and
	(5)  Subchapters J and K.
	(d)  The temporary directors may regulate the transfer of
	groundwater out of the district as provided by Section 36.122,
	Water Code, but may not prohibit the transfer of groundwater out of
	the district.
	Sec. 8871.024.  INITIAL DIRECTORS' ELECTION. (a)  The
	temporary directors shall order an election to be held in the
	district to elect the initial directors.
	(b)  At the initial directors' election, the temporary board
	shall have placed on the ballot the names of the candidates for each
	of the five positions on the board. To be eligible to be a candidate
	for a position as a director, a person must reside in the district.
	(c)  Section 41.001(a), Election Code, applies to an
	election held under this section.
	(d)  Except as provided by this section, the initial
	directors' election must be conducted as provided by the Election
	Code and Sections 36.017(b)-(h), Water Code.
	Sec. 8871.025.  INITIAL DIRECTORS. (a)  Promptly after the
	election has been held under Section 8871.024 and the votes have
	been canvassed, the temporary directors shall:
	(1)  declare for each board position the person who
	receives the most votes for that position to be elected as the
	initial director for that position; and
	(2)  include the results of the initial directors'
	election in the district's election report to the Texas Commission
	on Environmental Quality.
	(b)  The initial directors elected to positions 1 and 3 serve
	terms expiring June 1 of the first odd-numbered year after the date
	of the election, and the initial directors elected to positions 2,
	4, and 5 serve terms expiring June 1 of the second odd-numbered year
	after the date of the election.
	Sec. 8871.026.  EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2019.
	SUBCHAPTER B.  BOARD OF DIRECTORS
	Sec. 8871.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five directors elected at large.
	(b)  Directors serve staggered four-year terms, with two or
	three directors' terms expiring June 1 of each odd-numbered year.
	Sec. 8871.052.  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 May of each odd-numbered year.
	SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 8871.101.  GROUNDWATER CONSERVATION DISTRICT POWERS
	AND DUTIES. Except as otherwise provided by this chapter, the
	district has the powers 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.
	SECTION 2.  (a)  Except as provided by Subsection (b), the
	Western Travis County Groundwater Conservation District initially
	includes all the territory contained in the following area:
	Beginning at the point of intersection of the current western
	boundary of the Barton Springs-Edwards Aquifer Conservation
	District and the Colorado River, then following westerly along the
	southern border of the Colorado River and Lake Travis to the western
	Travis County Boundary, then proceeding south along the western
	Travis County Boundary to the intersection of the Travis County
	boundary and the Hays County boundary, then south east along the
	southern Travis County boundary to the current western boundary of
	the Barton Springs Edwards Aquifer Conservation District; then
	north-east along the western boundary of the Barton Springs-Edwards
	Aquifer Conservation District, the point of beginning.
	(b)  The territory of the Western Travis County Groundwater
	Conservation District does not include any territory that on the
	effective date of this Act is in the corporate limits or
	extraterritorial jurisdiction of:
	(1)  the City of Bee Cave;
	(2)  the City of Lakeway;
	(3)  the City of West Lake Hills; or
	(4)  the Village of the Hills.
	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.  (a)  Any eminent domain powers granted by general
	law that apply to the Western Travis County Groundwater
	Conservation District, as created by this Act, take effect only if
	this Act receives a two-thirds vote of all the members elected to
	each house.
	(b)  If this Act does not receive a two-thirds vote of all the
	members elected to each house, Subchapter C, Chapter 8871, Special
	District Local Laws Code, as added by this Act, is amended by adding
	Section 8871.102 to read as follows:
	Sec. 8871.102.  NO EMINENT DOMAIN POWER. The district may
	not exercise the power of eminent domain.
	(c)  This section is not intended to be an expression of a
	legislative interpretation of the requirements of Section 17(c),
	Article I, Texas Constitution.
	SECTION 5.  This Act takes effect September 1, 2013.