Bill Text: TX HB922 | 2017-2018 | 85th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Southwestern Travis County Groundwater Conservation District; providing authority to issue bonds; providing authority to impose fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-23 - Placed on intent calendar [HB922 Detail]
Download: Texas-2017-HB922-Engrossed.html
Bill Title: Relating to the creation of the Southwestern Travis County Groundwater Conservation District; providing authority to issue bonds; providing authority to impose fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-23 - Placed on intent calendar [HB922 Detail]
Download: Texas-2017-HB922-Engrossed.html
85R18505 TSR-D | ||
By: Workman | H.B. No. 922 |
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relating to the creation of the Southwestern Travis County | ||
Groundwater Conservation District; providing authority to issue | ||
bonds; providing authority to impose fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The legislature finds that: | ||
(1) creation of the Southwestern Travis County | ||
Groundwater Conservation District: | ||
(A) is consistent with the state's preferred | ||
method of groundwater management; | ||
(B) will protect property rights, balance the | ||
development and conservation of groundwater with the needs of this | ||
state, and use the best available science in the area of groundwater | ||
through rules developed, adopted, and promulgated by the district | ||
in accordance with the provisions of Chapter 8871, Special District | ||
Local Laws Code, as added by this Act; and | ||
(C) will be a benefit to the land in the district | ||
and a public benefit and utility; | ||
(2) the district is created to: | ||
(A) protect the interests of private property | ||
ownership while balancing the interests of all property owners in | ||
the district; | ||
(B) manage groundwater resources; and | ||
(C) protect the groundwater in the district; | ||
(3) although a property owner of land in the district | ||
is not entitled to an equal amount of water as another property | ||
owner of land in the district, a property owner does have a vested | ||
ownership interest in the groundwater beneath the owner's property, | ||
and the district shall recognize that ownership interest; and | ||
(4) the Southwestern Travis County Groundwater | ||
Conservation District is not created to prohibit or restrict | ||
development of private property in the district. | ||
SECTION 2. Subtitle H, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 8871 to read as follows: | ||
CHAPTER 8871. SOUTHWESTERN 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) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Southwestern 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 3 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 3 of | ||
the Act enacting 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; or | ||
(3) legality or operation. | ||
Sec. 8871.005. CONFIRMATION ELECTION NOT REQUIRED. An | ||
election to confirm the creation of the district is not required. | ||
SUBCHAPTER B. TEMPORARY AND INITIAL DIRECTORS | ||
Sec. 8871.021. APPOINTMENT OF TEMPORARY DIRECTORS; | ||
VACANCIES; TERMS. (a) Seven persons who reside in the district | ||
shall be appointed as temporary directors 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 | ||
one temporary director; | ||
(2) the county commissioner for the county | ||
commissioners precinct in which the district is principally located | ||
shall appoint two temporary directors; | ||
(3) the state representative who represents the house | ||
district in which the district is principally located shall appoint | ||
two temporary directors; and | ||
(4) the state senator who represents the senate | ||
district in which the district is principally located shall appoint | ||
two temporary directors. | ||
(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 four temporary directors, the state | ||
representative under Subsection (a)(3) 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 seventh 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 as otherwise | ||
provided by this subchapter, the temporary directors of the | ||
district have the same permitting and general management powers as | ||
those provided for initial and permanent directors under this | ||
chapter and 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 that is not exempt under Section | ||
8871.103, 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 in the district to be | ||
held not later than the uniform election date in May 2018 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 who are | ||
eligible under Section 8871.051 for each of the seven positions on | ||
the board. | ||
(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), (c), and (e), 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 commission. | ||
(b) The initial directors shall draw lots to determine which | ||
three initial directors serve two-year terms and which four initial | ||
directors serve four-year terms. | ||
SUBCHAPTER C. BOARD OF DIRECTORS | ||
Sec. 8871.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of seven directors. | ||
(b) Directors elected after the election held under Section | ||
8871.024 serve four-year terms. | ||
(c) The directors are elected as follows: | ||
(1) one director must reside in the corporate limits | ||
of the City of Bee Cave and be elected by voters residing in the City | ||
of Bee Cave; | ||
(2) one director must reside in the corporate limits | ||
of the City of Lakeway or Village of the Hills and be elected by | ||
voters residing in the City of Lakeway and Village of the Hills; | ||
(3) one director must reside in the corporate limits | ||
of the City of West Lake Hills and be elected by voters residing in | ||
the City of West Lake Hills; and | ||
(4) four directors must: | ||
(A) reside inside the district and outside the | ||
corporate limits of the City of Bee Cave, City of Lakeway, Village | ||
of the Hills, and City of West Lake Hills; and | ||
(B) be elected by voters residing inside the | ||
district and outside the corporate limits of the City of Bee Cave, | ||
City of Lakeway, Village of the Hills, and City of West Lake Hills. | ||
SUBCHAPTER D. 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. | ||
Sec. 8871.102. AQUIFER STORAGE AND RECOVERY PROJECTS. The | ||
district may implement and develop aquifer storage and recovery | ||
projects in accordance with: | ||
(1) Chapters 27 and 36, Water Code; and | ||
(2) commission rules and guidance. | ||
Sec. 8871.103. EXEMPT WELLS. (a) Groundwater withdrawals | ||
from the following wells may not be regulated, permitted, or | ||
metered by the district: | ||
(1) a well used for domestic use by a single private | ||
residential household and incapable of producing more than 10,000 | ||
gallons per day; and | ||
(2) a well used solely for domestic use or for | ||
providing water for livestock or poultry if the well is: | ||
(A) located or to be located on a tract of land | ||
larger than 10 acres; and | ||
(B) drilled, completed, or equipped so that it is | ||
incapable of producing more than 25,000 gallons of groundwater a | ||
day. | ||
(b) The district may not charge or collect a well | ||
construction fee for a well described by Subsection (a)(2). | ||
(c) A well used for dewatering and monitoring in the | ||
production of coal or lignite is exempt from permit requirements, | ||
regulations, and fees imposed by the district. | ||
Sec. 8871.104. PERMIT REQUIRED. A well owner must obtain a | ||
permit and pay any required fees, including a well construction | ||
fee, before using any groundwater withdrawn from a well for | ||
purposes other than those exempted by Section 8871.103. | ||
Sec. 8871.105. ACCESS TO PROPERTY. (a) Subject to | ||
Subsection (b), an employee or agent of the district is entitled to | ||
enter public or private property in the district at any reasonable | ||
time to: | ||
(1) inspect an exempt well; | ||
(2) inspect and investigate conditions relating to the | ||
quality of water in the state; and | ||
(3) monitor compliance with any rule, regulation, | ||
permit, or other order of the district. | ||
(b) An employee or agent of the district must obtain the | ||
permission of the property owner before entering public or private | ||
property. | ||
(c) If any employee or agent of the district is refused the | ||
right to enter public or private property in the district under this | ||
section, the district may seek a court order from a district court | ||
authorizing the district to enter the land. | ||
(d) An employee or agent who enters private property under | ||
this section shall: | ||
(1) observe the property's rules and regulations, if | ||
any, concerning safety, internal security, and fire protection; | ||
(2) notify management or a person in charge of the | ||
presence of the employee or agent; and | ||
(3) exhibit proper credentials. | ||
Sec. 8871.106. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER E. FINANCIAL PROVISIONS | ||
Sec. 8871.151. WELL CONSTRUCTION FEE. The district may | ||
charge and collect a new well construction fee not to exceed $1,000 | ||
for a new well. | ||
Sec. 8871.152. PERMIT RENEWAL APPLICATION FEE. The | ||
district may charge and collect a permit renewal application fee | ||
not to exceed $400. | ||
Sec. 8871.153. SERVICE CONNECTION FEE. (a) This section | ||
does not apply to a water utility that has surface water as its sole | ||
source of water. | ||
(b) The district may levy and collect a water utility | ||
service connection fee not to exceed $1,000 for each new water | ||
service connection made after September 1, 2017. | ||
Sec. 8871.154. PRODUCTION FEE. The district may impose | ||
reasonable production fees on each well that is not exempt from | ||
permitting under Section 8871.103 based on the amount of water | ||
actually withdrawn from the well. The district may not impose a | ||
production fee under this section in an amount greater than 20 cents | ||
per thousand gallons. | ||
Sec. 8871.155. ADMINISTRATIVE MANAGEMENT FEE. 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. | ||
Sec. 8871.156. CERTAIN FEES PROHIBITED. The district may | ||
not charge a fee under Section 36.205(b), (c), or (f), Water Code. | ||
Sec. 8871.157. LIMITATION ON AUTHORITY TO IMPOSE TAXES. | ||
The district does not have the authority granted by Sections 36.020 | ||
and 36.201-36.204, Water Code, relating to taxes. | ||
SECTION 3. The Southwestern Travis County Groundwater | ||
Conservation District initially includes all the territory | ||
contained in the following area: | ||
THE TERRITORY OF THE SOUTHWEST TRAVIS COUNTY PORTION OF THE | ||
HILL COUNTRY PRIORITY GROUNDWATER MANAGEMENT AREA - AS DESCRIBED BY | ||
2010 TCEQ REPORT; "The southwestern Travis territory is located in | ||
the southwestern quarter of Travis County. The southwestern Travis | ||
territory is bound to the west by Blanco and Burnet counties, | ||
southwest by Hays County, and southeast by the northwestern | ||
boundary of the Barton Springs/Edwards Aquifer Conservation | ||
District (BS/EACD). The northern boundary of the southwestern | ||
Travis territory is the Colorado River (Lake Travis, Lake Austin, | ||
and Lady Bird Lake)." | ||
SECTION 4. (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 5. This Act takes effect September 1, 2017. |