Bill Text: TX SB1491 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Terrell County Groundwater Conservation District; providing authority to impose a tax and issue bonds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-27 - Committee report printed and distributed [SB1491 Detail]
Download: Texas-2011-SB1491-Introduced.html
Bill Title: Relating to the creation of the Terrell County Groundwater Conservation District; providing authority to impose a tax and issue bonds.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-27 - Committee report printed and distributed [SB1491 Detail]
Download: Texas-2011-SB1491-Introduced.html
82R443 TJB-F | ||
By: Uresti | S.B. No. 1491 |
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relating to the creation of the Terrell 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 8837 to read as follows: | ||
CHAPTER 8837. TERRELL COUNTY GROUNDWATER | ||
CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8837.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Commissioners court" means the Terrell County | ||
Commissioners Court. | ||
(3) "Director" means a member of the board. | ||
(4) "District" means the Terrell County Groundwater | ||
Conservation District. | ||
Sec. 8837.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Terrell County created under | ||
and essential to accomplish the purposes of Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 8837.003. CONFIRMATION ELECTION REQUIRED. If the | ||
creation of the district is not confirmed at a confirmation | ||
election held under Section 8837.022 before December 31, 2012: | ||
(1) the district is dissolved December 31, 2012, | ||
except that: | ||
(A) any debts incurred shall be paid; | ||
(B) any assets that remain after the payment of | ||
debts shall be transferred to Terrell County; and | ||
(C) the organization of the district shall be | ||
maintained until all debts are paid and remaining assets are | ||
transferred; and | ||
(2) this chapter expires September 1, 2016. | ||
Sec. 8837.004. INITIAL DISTRICT TERRITORY. The initial | ||
boundaries of the district are coextensive with the boundaries of | ||
Terrell County, Texas. | ||
Sec. 8837.005. DISTRICT NAME CHANGE. The board may change | ||
the district's name when the district annexes territory. | ||
Sec. 8837.006. APPLICABILITY OF OTHER GROUNDWATER | ||
CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by | ||
this chapter, Chapter 36, Water Code, applies to the district. | ||
(b) Section 36.121, Water Code, does not apply to the | ||
district. | ||
[Sections 8837.007-8837.020 reserved for expansion] | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 8837.021. APPOINTMENT OF INITIAL DIRECTORS; TERMS. | ||
(a) Not later than the 45th day after the effective date of the Act | ||
enacting this chapter, the commissioners court shall appoint five | ||
initial directors in a manner that meets the representational | ||
requirements of Section 8837.051. | ||
(b) Except as provided by Section 8837.003, and | ||
notwithstanding Section 8837.053, one director representing urban | ||
interests and two directors representing agricultural interests | ||
shall be appointed to terms that expire April 1, 2013. The other | ||
two directors shall be appointed to terms that expire April 1, 2015. | ||
Sec. 8837.022. CONFIRMATION ELECTION. (a) The initial | ||
directors shall hold an election to confirm the creation of the | ||
district. | ||
(b) Section 41.001(a), Election Code, does not apply to an | ||
election held under this section. | ||
(c) Except as provided by this section, a confirmation | ||
election must be conducted as provided by Sections 36.017(b)-(i), | ||
Water Code, and the Election Code. The provision of Section | ||
36.017(d), Water Code, relating to the election of directors does | ||
not apply to an election under this section. | ||
Sec. 8837.023. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires September 1, 2016. | ||
[Sections 8837.024-8837.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8837.051. COMPOSITION OF BOARD. (a) The district is | ||
governed by a board of five directors appointed by the | ||
commissioners court. | ||
(b) Two directors must represent urban interests in the | ||
district and three must represent agricultural interests in the | ||
district. | ||
Sec. 8837.052. TERMS OF DIRECTORS. (a) Directors serve | ||
staggered four-year terms, with two or three directors' terms | ||
expiring April 1 of each odd-numbered year. | ||
(b) A director may serve consecutive terms. | ||
(c) The commissioners court shall appoint a director to | ||
succeed a serving director on or before the date the serving | ||
director's term expires. | ||
Sec. 8837.053. 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 8837.051. | ||
Sec. 8837.054. COMPENSATION. (a) Sections 36.060(a), (b), | ||
and (d), Water Code, do not apply to the district. | ||
(b) A director is entitled to receive compensation of not | ||
more than $50 a day for each day the director actually spends | ||
performing the duties of a director. The compensation may not | ||
exceed $3,000 a year. | ||
(c) The board may authorize a director to receive | ||
reimbursement for the director's reasonable expenses incurred | ||
while engaging in activities on behalf of the board. | ||
[Sections 8837.055-8837.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8837.101. GENERAL POWERS. Except as otherwise | ||
provided by this chapter, the district has all of the rights, | ||
powers, privileges, functions, and duties provided by the general | ||
law of this state applicable to groundwater conservation districts | ||
created under Section 59, Article XVI, Texas Constitution. | ||
Sec. 8837.102. PROHIBITION ON DISTRICT PURCHASE, SALE, | ||
TRANSPORT, OR DISTRIBUTION OF WATER. The district may not | ||
purchase, sell, transport, or distribute surface water or | ||
groundwater for any purpose. | ||
Sec. 8837.103. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
[Sections 8837.104-8837.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8837.151. LIMITATION ON TAXES. The district may not | ||
impose ad valorem taxes at a rate that exceeds 1.5 cents on each | ||
$100 valuation of taxable property in the district. | ||
Sec. 8837.152. FEES. (a) The board by rule may impose | ||
reasonable fees on each well: | ||
(1) for which a permit is issued by the district; and | ||
(2) that is not exempt from district regulation. | ||
(b) A production fee may be based on: | ||
(1) the size of column pipe used by the well; or | ||
(2) the amount of water actually withdrawn from the | ||
well, or the amount authorized or anticipated to be withdrawn. | ||
(c) The board shall base the initial production fee on the | ||
criteria listed in Subsection (b)(2). The initial production fee: | ||
(1) may not exceed: | ||
(A) 25 cents per acre-foot for water used for | ||
agricultural irrigation; or | ||
(B) 4.25 cents per thousand gallons for water | ||
used for any other purpose; and | ||
(2) may be increased at a cumulative rate not to exceed | ||
three percent per year. | ||
(d) In addition to the production fee authorized under this | ||
section, the district may assess an export fee on groundwater from a | ||
well that is produced for transport outside the district. | ||
(e) Fees authorized by this section may be: | ||
(1) assessed annually; | ||
(2) used to pay the cost of district operations; and | ||
(3) used for any other purpose allowed under Chapter | ||
36, Water Code. | ||
Sec. 8837.153. LIMITATION ON INDEBTEDNESS. The district | ||
may issue bonds and notes under Subchapter F, Chapter 36, Water | ||
Code, except that the total indebtedness created by that issuance | ||
may not exceed $500,000 at any time. | ||
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 September 1, 2011. |