Bill Text: TX SB1588 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the management of the water resources of the state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Agriculture, Water, & Rural Affairs [SB1588 Detail]
Download: Texas-2015-SB1588-Introduced.html
By: Estes | S.B. No. 1588 | |
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relating to the management of the water resources of the state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 1502, Government Code, is | ||
amended to read as follows: | ||
CHAPTER 1502. PUBLIC SECURITIES FOR MUNICIPAL UTILITIES, PARKS, | ||
[ |
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SECTION 2. Section 1502.001, Government Code, is amended by | ||
adding Subdivision (4) to read as follows: | ||
(4) "Water conservation infrastructure" means | ||
property, interests in property, buildings, structures, | ||
activities, services, operations, or other facilities owned by a | ||
municipality or any person contracting with a municipality that is | ||
found by the governing body of the municipality to conserve, | ||
preserve, or treat water, wastewater, stormwater, or other water | ||
resources of the municipality. | ||
SECTION 3. The heading to Section 1502.002, Government | ||
Code, is amended to read as follows: | ||
Sec. 1502.002. GENERAL AUTHORITY FOR UTILITY SYSTEMS, | ||
PARKS, [ |
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SECTION 4. Section 1502.002(a), Government Code, is amended | ||
to read as follows: | ||
(a) A municipality may acquire, purchase, construct, | ||
improve, enlarge, equip, operate, or maintain any property, | ||
including channels or bodies of water known as resacas, interests | ||
in property, buildings, structures, activities, services, | ||
operations, or other facilities, with respect to: | ||
(1) a utility system; | ||
(2) a park; [ |
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(3) a swimming pool; or | ||
(4) water conservation infrastructure. | ||
SECTION 5. Subchapter A, Chapter 1502, Government Code, is | ||
amended by adding Sections 1502.005 and 1502.006 to read as | ||
follows: | ||
Sec. 1502.005. DECLARATION OF PUBLIC PURPOSE. Under | ||
Section 52-a, Article III, Texas Constitution, a municipality may | ||
undertake to provide or provide funding for water conservation | ||
infrastructure in accordance with this chapter that the | ||
municipality determines to be: | ||
(1) in furtherance of the development and | ||
diversification of the economy of the municipality; | ||
(2) in furtherance of the conservation, preservation, | ||
or treatment of water resources of the municipality; and | ||
(3) beneficial to the operation of its utility system. | ||
Sec. 1502.006. ADDITIONAL POWERS RELATED TO PROVISION OF | ||
WATER CONSERVATION INFRASTRUCTURE. A municipality may exercise any | ||
power granted to the municipality by Chapter 380, Local Government | ||
Code, in providing or providing funding for water conservation | ||
infrastructure under this chapter. | ||
SECTION 6. The heading to Subchapter B, Chapter 1502, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER B. PUBLIC SECURITIES FOR UTILITY SYSTEMS, PARKS, [ |
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POOLS, OR WATER CONSERVATION INFRASTRUCTURE | ||
SECTION 7. Section 1502.051(a), Government Code, is amended | ||
to read as follows: | ||
(a) The governing body of a municipality may provide funds | ||
to acquire, purchase, construct, improve, renovate, enlarge, or | ||
equip property, buildings, structures, facilities, or related | ||
infrastructure for: | ||
(1) a utility system; | ||
(2) a park; [ |
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(3) a swimming pool; or | ||
(4) water conservation infrastructure. | ||
SECTION 8. Section 1502.052(a), Government Code, is amended | ||
to read as follows: | ||
(a) The governing body of a municipality may pledge to the | ||
payment of any public securities issued or any obligations incurred | ||
under Section 1502.051(c) all or any part of the revenue of: | ||
(1) a utility system; | ||
(2) a park; [ |
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(3) a swimming pool; or | ||
(4) water conservation infrastructure. | ||
SECTION 9. Section 1502.053, Government Code, is amended to | ||
read as follows: | ||
Sec. 1502.053. GRANT OF FRANCHISE. As additional security | ||
for public securities issued or obligations incurred under this | ||
chapter, the municipality by the terms of the encumbrance may grant | ||
a purchaser under sale or foreclosure a franchise to operate the | ||
encumbered utility system, park, [ |
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infrastructure for a term not to exceed 20 years from the date of | ||
purchase, subject to all laws regulating the operation of the | ||
utility system, park, [ |
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infrastructure in force at the time of the sale or foreclosure. | ||
SECTION 10. Section 1502.054(a), Government Code, is | ||
amended to read as follows: | ||
(a) A public security issued or an obligation incurred under | ||
this chapter: | ||
(1) is not a debt of the municipality; | ||
(2) may be a charge only on the encumbered utility | ||
system, park, [ |
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(3) may not be included in determining the | ||
municipality's power to issue public securities for any purpose | ||
authorized by law. | ||
SECTION 11. Section 1502.055(a), Government Code, is | ||
amended to read as follows: | ||
(a) Unless authorized by a majority vote of the qualified | ||
voters of the municipality, a municipality may not sell a utility | ||
system, park, [ |
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infrastructure. | ||
SECTION 12. Section 1502.056(a), Government Code, is | ||
amended to read as follows: | ||
(a) If the revenue of a utility system, park, [ |
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pool, or water conservation infrastructure secures the payment of | ||
public securities issued or obligations incurred under this | ||
chapter, each expense of operation and maintenance, including all | ||
salaries, labor, materials, interest, repairs and extensions | ||
necessary to provide efficient service, and each proper item of | ||
expense, is a first lien against that revenue. For a municipality | ||
with a population of more than one million but less than two | ||
million, the first lien against the revenue of a municipally owned | ||
utility system that secures the payment of public securities issued | ||
or obligations incurred under this chapter also applies to funding, | ||
as a necessary operations expense, for a bill payment assistance | ||
program for utility system customers who: | ||
(1) have been threatened with disconnection from | ||
service for nonpayment of bills and who have been determined by the | ||
municipality to be low-income customers; or | ||
(2) are military veterans who have significantly | ||
decreased abilities to regulate their bodies' core temperatures | ||
because of severe burns received in combat. | ||
SECTION 13. Sections 1502.058(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) Except as provided by Subsection (b) or (c), by Section | ||
1502.059, or by Section 271.052, Local Government Code, a | ||
municipality may not use the revenue of a utility system, park, [ |
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swimming pool, or water conservation infrastructure to pay any | ||
other debt, expense, or obligation of the municipality until the | ||
debt secured by the revenue is finally paid. | ||
(c) This section does not apply to a payment made from | ||
surplus revenue of a utility system, park, [ |
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water conservation infrastructure, as provided by the proceedings | ||
authorizing the issuance of public securities under this chapter. | ||
SECTION 14. Section 1502.060(a), Government Code, is | ||
amended to read as follows: | ||
(a) To the extent provided by the proceedings authorizing | ||
the issuance of the public securities issued under this chapter, a | ||
municipality may: | ||
(1) use proceeds from the sale of public securities | ||
issued to provide funds for a utility system under this chapter for | ||
any purpose authorized by Section 1502.051(a)(1) or (b); | ||
(2) use proceeds from the sale of public securities | ||
issued to provide funds for a park under this chapter for any | ||
purpose authorized by Section 1502.051(a)(2); [ |
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(3) use proceeds from the sale of public securities to | ||
provide funds for a swimming pool under this chapter for any purpose | ||
authorized by Section 1502.051(a)(3); or | ||
(4) use proceeds from the sale of public securities | ||
issued to provide funds for water conservation infrastructure under | ||
this chapter for any purpose authorized by Section 1502.006 or | ||
1502.051(a)(4). | ||
SECTION 15. Section 1502.066, Government Code, is amended | ||
to read as follows: | ||
Sec. 1502.066. RECORDS. The mayor of the municipality | ||
shall establish and maintain a complete system of records for a | ||
utility system, park, [ |
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infrastructure the revenue of which is encumbered under this | ||
chapter that: | ||
(1) shows any free service provided and the value of | ||
the free service; and | ||
(2) shows separately the amounts spent and the amounts | ||
set aside for operation, salaries, labor, materials, repairs, | ||
maintenance, depreciation, replacements, extensions, interest, and | ||
the creation of a sinking fund to pay the public securities and | ||
debt. | ||
SECTION 16. Section 1502.068, Government Code, is amended | ||
to read as follows: | ||
Sec. 1502.068. ANNUAL REPORT. (a) Annually, on the date | ||
determined by the governing body of the municipality, the | ||
superintendent or manager of a utility system, park, [ |
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water conservation infrastructure or another person designated by | ||
the governing body shall file with the mayor and governing body of | ||
the municipality a detailed report of the operation of the system, | ||
park, [ |
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preceding 12-month period specified by the governing body. | ||
(b) The report must show the total amount of money collected | ||
and the balance due, and the total disbursements made and the | ||
amounts remaining unpaid, resulting from the operation of the | ||
utility system, park, [ |
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infrastructure during that year. | ||
(c) If the municipality provides loans or grants of public | ||
money to persons to acquire, purchase, construct, improve, | ||
renovate, enlarge, or equip water conservation infrastructure, the | ||
report must contain: | ||
(1) the types of water conservation infrastructure | ||
projects funded; | ||
(2) the controls imposed by the municipality on the | ||
persons receiving loans or grants to ensure that the public | ||
purposes described by Section 1502.005 are being carried out; and | ||
(3) an analysis of the results of how the funded water | ||
conservation infrastructure projects achieved the intended results | ||
in furtherance of the public purposes described by Section | ||
1502.005. | ||
SECTION 17. Section 1502.069(a), Government Code, is | ||
amended to read as follows: | ||
(a) A mayor commits an offense if the mayor fails to: | ||
(1) establish the system of records required by | ||
Section 1502.066 before the 91st day after the date the utility | ||
system, park, [ |
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completed; or | ||
(2) maintain the system of records required by Section | ||
1502.066. | ||
SECTION 18. Section 1502.074, Government Code, is amended | ||
to read as follows: | ||
Sec. 1502.074. CIVIL ENFORCEMENT. A person who resides in a | ||
municipality and is a taxpayer or holder of a public security issued | ||
or an obligation incurred under this chapter and secured by the | ||
revenue of the municipality's utility system, park, [ |
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pool, or water conservation infrastructure as provided by this | ||
chapter is entitled to enforce this chapter by appropriate civil | ||
action in a district court in the county in which the municipality | ||
is located. | ||
SECTION 19. Section 341.039, Health and Safety Code, is | ||
amended by adding Subsection (a-1) and amending Subsection (c) to | ||
read as follows: | ||
(a-1) The standards adopted by the commission under | ||
Subsection (a)(2) must permit the use of graywater for toilet and | ||
urinal flushing. | ||
(c) The commission may not require a permit for the domestic | ||
use of less than 400 gallons of graywater each day if the graywater: | ||
(1) originates from a private residence; | ||
(2) is used by the occupants of that residence for | ||
gardening, composting, [ |
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flushing at the residence; | ||
(3) is collected using a system that overflows into a | ||
sewage collection or on-site wastewater treatment and disposal | ||
system; | ||
(4) is stored in tanks that: | ||
(A) are clearly labeled as nonpotable water; | ||
(B) restrict access, especially to children; and | ||
(C) eliminate habitat for mosquitoes and other | ||
vectors; | ||
(5) uses piping clearly identified as a nonpotable | ||
water conduit, including identification through the use of purple | ||
pipe, purple tape, or similar markings; | ||
(6) is generated without the formation of ponds or | ||
pools of graywater; | ||
(7) does not create runoff across the property lines | ||
or onto any paved surface; and | ||
(8) is distributed by a surface or subsurface system | ||
that does not spray into the air. | ||
SECTION 20. Section 11.085(v), Water Code, is amended to | ||
read as follows: | ||
(v) The provisions of this section, except Subsection (a), | ||
do not apply to: | ||
(1) a proposed transfer which in combination with any | ||
existing transfers totals less than 3,000 acre-feet of water per | ||
annum from the same permit, certified filing, or certificate of | ||
adjudication; | ||
(2) a request for an emergency transfer of water; | ||
(3) a proposed transfer from a basin to its adjoining | ||
coastal basin; | ||
(4) a proposed transfer from the part of the | ||
geographic area of a county or municipality, or the part of the | ||
retail service area of a retail public utility as defined by Section | ||
13.002, that is within the basin of origin for use in that part of | ||
the geographic area of the county or municipality, or that | ||
contiguous part of the retail service area of the utility, not | ||
within the basin of origin; [ |
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(5) a proposed transfer of water that is: | ||
(A) imported from a source located wholly outside | ||
the boundaries of this state, except water that is imported from a | ||
source located in the United Mexican States; | ||
(B) for use in this state; and | ||
(C) transported by using the bed and banks of any | ||
flowing natural stream located in this state; or | ||
(6) a proposed transfer from a basin to another basin | ||
identified as a water management strategy or an alternate water | ||
management strategy in the state water plan. | ||
SECTION 21. Subchapter E, Chapter 13, Water Code, is | ||
amended by adding Section 13.1461 to read as follows: | ||
Sec. 13.1461. CORRECTIONAL FACILITY COMPLIANCE WITH | ||
CONSERVATION MEASURES. A retail public utility may require the | ||
operator of a correctional facility, as defined by Section | ||
1.07(14), Penal Code, that receives retail water or sewer utility | ||
service from the retail public utility to comply with water | ||
conservation measures adopted or implemented by the retail public | ||
utility. | ||
SECTION 22. Subchapter J, Chapter 15, Water Code, is | ||
amended by adding Section 15.6042 to read as follows: | ||
Sec. 15.6042. CROSS-COLLATERALIZATION OF FUNDS. (a) In | ||
this section, "state revolving fund bonds" means revenue bonds | ||
issued by the board to provide funds for the revolving fund, the | ||
safe drinking water revolving fund, or an additional state | ||
revolving fund. | ||
(b) Notwithstanding any other law to the contrary, the board | ||
by resolution may approve the use of assets of the revolving fund, | ||
the safe drinking water revolving fund, or an additional state | ||
revolving fund as a source of revenue or security, or both revenue | ||
and security, for the payment of the principal of and interest on | ||
state revolving fund bonds. | ||
SECTION 23. Section 26.0311, Water Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) The standards adopted by the commission under | ||
Subsection (b)(2) must permit the use of graywater for toilet and | ||
urinal flushing. | ||
SECTION 24. Subchapter B, Chapter 27, Water Code, is | ||
amended by adding Section 27.026 to read as follows: | ||
Sec. 27.026. DUAL AUTHORIZATION OF INJECTION WELLS TO | ||
INJECT NONHAZARDOUS BRINE FROM DESALINATION OPERATIONS OR | ||
NONHAZARDOUS DRINKING WATER TREATMENT RESIDUALS. (a) The | ||
commission may authorize by individual permit, by general permit, | ||
or by rule a Class V injection well for the injection of | ||
nonhazardous brine from a desalination operation or nonhazardous | ||
drinking water treatment residuals into a Class II injection well | ||
that is also permitted by the railroad commission under Subchapter | ||
C. | ||
(b) The commission and railroad commission by rule shall | ||
enter or amend a memorandum of understanding to implement and | ||
administer this section. | ||
SECTION 25. Section 36.001, Water Code, is amended by | ||
amending Subdivisions (8) and (16) and adding Subdivision (31) to | ||
read as follows: | ||
(8) "Waste" means any one or more of the following: | ||
(A) withdrawal of groundwater from a groundwater | ||
reservoir at a rate and in an amount that causes or threatens to | ||
cause intrusion into the reservoir of water unsuitable for | ||
agricultural, gardening, domestic, or stock raising purposes; | ||
(B) the flowing or producing of wells from a | ||
groundwater reservoir if the water produced is not used for a | ||
beneficial purpose; | ||
(C) escape of groundwater from a groundwater | ||
reservoir to any other reservoir or geologic strata that does not | ||
contain groundwater; | ||
(D) pollution or harmful alteration of | ||
groundwater in a groundwater reservoir by saltwater or by other | ||
deleterious matter admitted from another stratum or from the | ||
surface of the ground; | ||
(E) willfully [ |
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suffering, or allowing groundwater to escape into any river, creek, | ||
natural watercourse, depression, lake, reservoir, drain, sewer, | ||
street, highway, road, or road ditch, or onto any land other than | ||
that of the owner of the well unless such discharge is authorized by | ||
permit, rule, or order issued by the commission under Chapter 26; | ||
(F) groundwater pumped for irrigation that | ||
escapes as irrigation tailwater onto land other than that of the | ||
owner of the well unless permission has been granted by the occupant | ||
of the land receiving the discharge; or | ||
(G) for water produced from an artesian well, | ||
"waste" also has the meaning assigned by Section 11.205. | ||
(16) "Loan fund" means the groundwater conservation | ||
district loan assistance fund created under Section 36.371. | ||
(31) "Operating permit" as used in this chapter means | ||
any type of permit issued by a district that relates to the | ||
operation of or production from a water well, which may include | ||
authorization to drill or complete a water well if the district | ||
does not require a separate permit for drilling or completing a | ||
water well. | ||
SECTION 26. Section 36.017(i), Water Code, is amended to | ||
read as follows: | ||
(i) If a majority of the votes cast at the election are | ||
against the levy of a maintenance tax, the district shall set | ||
[ |
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district's regulation of groundwater in the district[ |
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SECTION 27. Section 36.0171(h), Water Code, is amended to | ||
read as follows: | ||
(h) If the majority of the votes cast at the election are | ||
against the levy of a maintenance tax, the district shall set | ||
[ |
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Section 35.013(g-1) to pay for the district's regulation of | ||
groundwater in the district[ |
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SECTION 28. Section 36.058, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.058. CONFLICTS OF INTEREST. A director of a | ||
district is subject to the provisions of Chapters [ |
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176, Local Government Code, relating to the regulation of conflicts | ||
of officers of local governments. | ||
SECTION 29. Section 36.061(a), Water Code, is amended to | ||
read as follows: | ||
(a) Subject to the law governing the district, the board | ||
shall adopt the following in writing: | ||
(1) a code of ethics for district directors, officers, | ||
employees, and persons who are engaged in handling investments for | ||
the district; | ||
(2) a policy relating to travel expenditures; | ||
(3) a policy relating to district investments that | ||
ensures that: | ||
(A) purchases and sales of investments are | ||
initiated by authorized individuals, conform to investment | ||
objectives and regulations, and are properly documented and | ||
approved; and | ||
(B) periodic review is made of district | ||
investments to evaluate investment performance and security; | ||
(4) policies and procedures for selection, | ||
monitoring, or review and evaluation of professional services; and | ||
(5) policies that ensure a better use of management | ||
information, including: | ||
(A) budgets for use in planning and controlling | ||
cost; and | ||
(B) an audit or finance committee of the board.[ |
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SECTION 30. Section 36.116(c), Water Code, is amended to | ||
read as follows: | ||
(c) In regulating the production of groundwater based on | ||
tract size or acreage, a district may consider the service needs or | ||
service area of a retail public [ |
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of this subsection, "retail public [ |
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meaning provided by [ |
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SECTION 31. Sections 36.117(a) and (d), Water Code, are | ||
amended to read as follows: | ||
(a) A district by rule may provide an exemption from the | ||
district's requirement to obtain [ |
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district's rules. | ||
(d) A district may cancel a previously granted exemption[ |
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and may require an operating permit for or restrict production from | ||
a well and assess any appropriate fees[ |
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(1) [ |
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were exempted under Subsection (b)(1) are no longer used solely for | ||
domestic use or to provide water for livestock or poultry; | ||
(2) the groundwater withdrawals that were exempted | ||
under Subsection (b)(2) are no longer used solely to supply water | ||
for a rig that is actively engaged in drilling or exploration | ||
operations for an oil or gas well permitted by the Railroad | ||
Commission of Texas; or | ||
(3) the groundwater withdrawals that were exempted | ||
under Subsection (b)(3) are no longer necessary for mining | ||
activities or are greater than the amount necessary for mining | ||
activities specified in the permit issued by the Railroad | ||
Commission of Texas under Chapter 134, Natural Resources Code. | ||
SECTION 32. Section 36.122(e), Water Code, is amended to | ||
read as follows: | ||
(e) The district may impose an export [ |
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surcharge [ |
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(1) a fee negotiated between the district and the | ||
exporter [ |
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(2) a rate not to exceed the equivalent of the | ||
district's tax rate per hundred dollars of valuation for each | ||
thousand gallons of water exported from [ |
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district or 2.5 cents per thousand gallons of water, if the district | ||
assesses a tax rate of less than 2.5 cents per hundred dollars of | ||
valuation; or | ||
(3) for a fee-based district, a 50 percent [ |
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surcharge, in addition to the district's production fee, for water | ||
exported from [ |
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SECTION 33. Sections 36.153(a), (b), and (d), Water Code, | ||
are amended to read as follows: | ||
(a) Annually and subject to Subsection (c), the board shall | ||
have an audit made of the financial condition of the district. The | ||
district audit shall be performed according to the generally | ||
accepted government auditing standards adopted by the American | ||
Institute of Certified Public Accountants. | ||
(b) Financial statements shall be prepared in accordance | ||
with generally accepted accounting principles as adopted by the | ||
American Institute of Certified Public Accountants. The annual | ||
audit and other district records must be open to inspection during | ||
regular business hours at the principal office of the district. | ||
(d) A financially dormant district may elect not to conduct | ||
an audit and instead submit to the executive director a financial | ||
dormancy affidavit [ |
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SECTION 34. Section 36.157(a), Water Code, is amended to | ||
read as follows: | ||
(a) A district, or the county or counties where the district | ||
is to be located, may pay all costs and expenses necessarily | ||
incurred in the creation and organization of a district, including | ||
legal fees and other incidental expenses, and may reimburse any | ||
person, including a county, for money advanced for these purposes. | ||
SECTION 35. Section 36.159, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.159. GROUNDWATER CONSERVATION DISTRICT MANAGEMENT | ||
PLAN FUNDS. The Texas Water Development Board may allocate funds | ||
from the water assistance fund to a district to: | ||
(1) conduct initial data collections under this | ||
chapter; | ||
(2) [ |
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management plan under Section 36.1071;[ |
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(3) [ |
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SECTION 36. Section 36.204, Water Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Sections 26.04(c)-(j), 26.05(b), (c), (d), (e), and | ||
(g), and 26.07, Tax Code, do not apply to a tax levied and collected | ||
under this chapter or an ad valorem tax levied and collected for the | ||
payment of the interest on and principal of bonds issued by a | ||
district. | ||
SECTION 37. Sections 36.205(f) and (g), Water Code, are | ||
amended to read as follows: | ||
(f) A district, including a district described under | ||
Subsection (d), may assess a production fee under Subsection (c) | ||
and an export fee under Subsection (g), if applicable, for any water | ||
produced under an exemption under Section 36.117 if that water is | ||
subsequently sold to another person. | ||
(g) A district may assess an export [ |
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under Section 36.122. | ||
SECTION 38. Section 36.206(a), Water Code, is amended to | ||
read as follows: | ||
(a) A temporary board may set [ |
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chapter to pay for the creation and initial operation of a district, | ||
until such time as the district creation has been confirmed and a | ||
permanent board has been elected by a majority vote of the qualified | ||
voters voting in the district in an election called for those | ||
purposes. | ||
SECTION 39. Section 36.207, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.207. USE OF [ |
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production, or export [ |
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purpose consistent with the district's approved management plan, | ||
including, without limitation, making grants, loans, or | ||
contractual payments to achieve, facilitate, or expedite | ||
reductions in groundwater pumping or the development or | ||
distribution of alternative water supplies. | ||
SECTION 40. Section 36.251, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.251. SUIT AGAINST DISTRICT. (a) A person, firm, | ||
corporation, or association of persons affected by and dissatisfied | ||
with any [ |
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including an appeal of a decision on a permit application, is | ||
entitled to file a suit against the district or its directors to | ||
challenge the validity of the law, rule, or order. | ||
(b) Only the district, the applicant, and parties to a | ||
contested case hearing may participate in an appeal of a decision on | ||
the application that was the subject of that contested case | ||
hearing. An appeal of a decision on a permit application must | ||
include the applicant as a necessary party. | ||
(c) The suit shall be filed in a court of competent | ||
jurisdiction in any county in which the district or any part of the | ||
district is located. The suit may only be filed after all | ||
administrative appeals to the district are final. | ||
SECTION 41. Section 36.3011, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.3011. COMMISSION INQUIRY AND ACTION REGARDING | ||
DISTRICT DUTIES. (a) In this section, "affected person" means, with | ||
respect to a management area: | ||
(1) an owner of land in the management area; | ||
(2) a groundwater conservation district or subsidence | ||
district in or adjacent to the management area; | ||
(3) a regional water planning group with a water | ||
management strategy in the management area; | ||
(4) a person who holds or is applying for a permit from | ||
a district in the management area; | ||
(5) a person with a legally defined interest in | ||
groundwater in the management area; or | ||
(6) any other person defined as affected by commission | ||
rule. | ||
(b) An affected person may file a petition with the | ||
commission requesting an inquiry for any of the following reasons: | ||
(1) a district fails to submit its management plan to | ||
the executive administrator; | ||
(2) a district fails to participate in the joint | ||
planning process under Section 36.108; | ||
(3) a district fails to adopt rules; | ||
(4) a district fails to adopt the applicable desired | ||
future conditions adopted by the management area at a joint | ||
meeting; | ||
(5) a district fails to update its management plan | ||
before the second anniversary of the adoption of desired future | ||
conditions by the management area; | ||
(6) a district fails to update its rules to implement | ||
the applicable desired future conditions before the first | ||
anniversary of the date it updated its management plan with the | ||
adopted desired future conditions; | ||
(7) the rules adopted by a district are not designed to | ||
achieve the adopted desired future conditions; | ||
(8) the groundwater in the management area is not | ||
adequately protected by the rules adopted by a district; or | ||
(9) the groundwater in the management area is not | ||
adequately protected due to the failure of a district to enforce | ||
substantial compliance with its rules. | ||
(c) Not later than the 90th day after the date the petition | ||
is filed, the commission shall review the petition and either: | ||
(1) dismiss the petition if the commission finds that | ||
the evidence is not adequate to show that any of the conditions | ||
alleged in the petition exist; or | ||
(2) select a review panel as provided in Subsection | ||
(d). | ||
(d) If the petition is not dismissed under Subsection (c), | ||
the commission shall appoint a review panel consisting of a | ||
chairperson and four other members. A director or general manager | ||
of a district located outside the management area that is the | ||
subject of the petition may be appointed to the review panel. The | ||
commission may not appoint more than two members of the review panel | ||
from any one district. The commission also shall appoint a | ||
disinterested person to serve as a nonvoting recording secretary | ||
for the review panel. The recording secretary may be an employee of | ||
the commission. The recording secretary shall record and document | ||
the proceedings of the panel. | ||
(e) Not later than the 120th day after appointment, the | ||
review panel shall review the petition and any evidence relevant to | ||
the petition and, in a public meeting, consider and adopt a report | ||
to be submitted to the commission. The commission may direct the | ||
review panel to conduct public hearings at a location in the | ||
management area to take evidence on the petition. The review panel | ||
may attempt to negotiate a settlement or resolve the dispute by any | ||
lawful means. | ||
(f) In its report, the review panel shall include: | ||
(1) a summary of all evidence taken in any hearing on | ||
the petition; | ||
(2) a list of findings and recommended actions | ||
appropriate for the commission to take and the reasons it finds | ||
those actions appropriate; and | ||
(3) any other information the panel considers | ||
appropriate. | ||
(g) The review panel shall submit its report to the | ||
commission. | ||
(h) Not later than the 45th day after receiving the review | ||
panel's report under this section [ |
||
director or the commission shall take action to implement any or all | ||
of the panel's recommendations. The commission may take any action | ||
against a district it considers necessary in accordance with | ||
Section 36.303 if the commission finds that: | ||
(1) the district has failed to submit its management | ||
plan to the executive administrator; | ||
(2) the district has failed to participate in the | ||
joint planning process under Section 36.108; | ||
(3) the district has failed to adopt rules; | ||
(4) the district has failed to adopt the applicable | ||
desired future conditions adopted by the management area at a joint | ||
meeting; | ||
(5) the district has failed to update its management | ||
plan before the second anniversary of the adoption of desired | ||
future conditions by the management area; | ||
(6) the district has failed to update its rules to | ||
implement the applicable desired future conditions before the first | ||
anniversary of the date it updated its management plan with the | ||
adopted desired future conditions; | ||
(7) the rules adopted by the district are not designed | ||
to achieve the desired future conditions adopted by the management | ||
area during the joint planning process; | ||
(8) the groundwater in the management area is not | ||
adequately protected by the rules adopted by the district; or | ||
(9) the groundwater in the management area is not | ||
adequately protected because of the district's failure to enforce | ||
substantial compliance with its rules. | ||
SECTION 42. Section 36.303(a), Water Code, is amended to | ||
read as follows: | ||
(a) If Section [ |
||
applies, the commission, after notice and hearing in accordance | ||
with Chapter 2001, Government Code, shall take action the | ||
commission considers appropriate, including: | ||
(1) issuing an order requiring the district to take | ||
certain actions or to refrain from taking certain actions; | ||
(2) dissolving the board in accordance with Sections | ||
36.305 and 36.307 and calling an election for the purpose of | ||
electing a new board; | ||
(3) requesting the attorney general to bring suit for | ||
the appointment of a receiver to collect the assets and carry on the | ||
business of the groundwater conservation district; or | ||
(4) dissolving the district in accordance with | ||
Sections 36.304, 36.305, and 36.308. | ||
SECTION 43. Section 36.321, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.321. ADDING LAND BY PETITION OF LANDOWNER. Subject | ||
to Section 36.331, the [ |
||
[ |
||
petition requesting that the owner's land be included in the | ||
district. The petition must describe the land by legal description | ||
or by metes and bounds or by lot and block number if there is a | ||
recorded plat of the area to be included in the district. | ||
SECTION 44. Section 36.325, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.325. ADDING CERTAIN TERRITORY BY PETITION. | ||
(a) Landowners of a defined area of territory not already in a | ||
district may file with any district a petition requesting inclusion | ||
in that district and, subject to Section 36.331, the defined area of | ||
territory is not required to be contiguous with that district. | ||
(b) The petition must be signed by: | ||
(1) a majority of the landowners in the territory; | ||
(2) at least 50 landowners if the number of landowners | ||
is more than 50; or | ||
(3) the commissioners court of the county in which the | ||
area is located if the area is identified as a priority groundwater | ||
management area or includes the entire county. | ||
(c) The petition must describe the land by legal description | ||
or by metes and bounds or by lot and block number if there is a | ||
recorded plat of the area to be included in the district. | ||
SECTION 45. Section 36.328(a), Water Code, is amended to | ||
read as follows: | ||
(a) Annexation of the territory by petition filed under | ||
Section 36.325 is not final until ratified by a majority vote of the | ||
voters in the territory to be added. An election in the existing | ||
district accepting the addition of land is not required. | ||
SECTION 46. The heading to Subchapter L, Chapter 36, Water | ||
Code, is amended to read as follows: | ||
SUBCHAPTER L. GROUNDWATER CONSERVATION DISTRICT LOAN ASSISTANCE | ||
FUND | ||
SECTION 47. Section 36.371, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.371. GROUNDWATER CONSERVATION DISTRICT LOAN | ||
ASSISTANCE FUND. (a) The groundwater conservation district loan | ||
assistance fund is created, to be funded by direct appropriation | ||
and by the Texas Water Development Board from the water assistance | ||
fund. | ||
(b) Repayments of loans shall be deposited in the water | ||
assistance fund. | ||
SECTION 48. Section 36.403, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.403. SCHEDULING OF PUBLIC HEARING. (a) The | ||
general manager or board may schedule a public hearing on permit or | ||
permit amendment applications received by the district as | ||
necessary, as provided by Section 36.114. | ||
(b) The general manager or board may schedule more than one | ||
application for consideration at a public hearing. | ||
(c) A public hearing must be held at the district office or | ||
regular meeting location of the board unless the board provides for | ||
hearings to be held at a different location. | ||
(d) A public hearing may be held in conjunction with a | ||
regularly scheduled board meeting. | ||
SECTION 49. Sections 36.404(a) and (d), Water Code, are | ||
amended to read as follows: | ||
(a) If the general manager or board schedules a public | ||
hearing on an application for a permit or permit amendment, the | ||
general manager or board shall give notice of the hearing as | ||
provided by this section. | ||
(d) A person may request notice from the district of a | ||
public hearing on a permit or a permit amendment application. The | ||
request must be in writing and is effective for the remainder of the | ||
calendar year in which the request is received by the district. To | ||
receive notice of a public hearing in a later year, a person must | ||
submit a new request. An affidavit of an officer or employee of the | ||
district establishing attempted service by first class mail, | ||
facsimile, or e-mail to the person in accordance with the | ||
information provided by the person is proof that notice was | ||
provided by the district. | ||
SECTION 50. Section 36.405, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.405. HEARING REGISTRATION. The district may | ||
require each person who participates in a public hearing to submit a | ||
hearing registration form stating: | ||
(1) the person's name; | ||
(2) the person's address; and | ||
(3) whom the person represents, if the person is not | ||
there in the person's individual capacity. | ||
SECTION 51. Subchapter M, Chapter 36, Water Code, is | ||
amended by adding Section 36.4051 to read as follows: | ||
Sec. 36.4051. BOARD ACTION; CONTESTED CASE HEARING | ||
REQUESTS; PRELIMINARY HEARING. (a) The board may take action on | ||
any uncontested application at a properly noticed public meeting | ||
held at any time after the public hearing at which the application | ||
is scheduled to be heard. The board may issue a written order to: | ||
(1) grant the application; | ||
(2) grant the application with special conditions; or | ||
(3) deny the application. | ||
(b) The board shall schedule a preliminary hearing to hear a | ||
request for a contested case hearing filed in accordance with rules | ||
adopted under Section 36.415. The preliminary hearing may be | ||
conducted by: | ||
(1) a quorum of the board; | ||
(2) an individual to whom the board has delegated in | ||
writing the responsibility to preside as a hearing examiner over | ||
the hearing or matters related to the hearing; or | ||
(3) the State Office of Administrative Hearings under | ||
Section 36.416. | ||
(c) Following a preliminary hearing, the board shall | ||
determine whether any person requesting the contested case hearing | ||
has standing to make that request and whether a justiciable issue | ||
related to the application has been raised. If the board determines | ||
that no person who requested a contested case hearing had standing | ||
or that no justiciable issues were raised, the board may take any | ||
action authorized under Subsection (a). | ||
(d) An applicant may, not later than the 20th day after the | ||
date the board issues an order granting the application, demand a | ||
contested case hearing if the order: | ||
(1) includes special conditions that were not part of | ||
the application as finally submitted; or | ||
(2) grants a maximum amount of groundwater production | ||
that is less than the amount requested in the application. | ||
SECTION 52. Section 36.406(d), Water Code, is amended to | ||
read as follows: | ||
(d) The presiding officer may: | ||
(1) convene the hearing at the time and place | ||
specified in the notice; | ||
(2) set any necessary additional hearing dates; | ||
(3) designate the parties regarding a contested | ||
application; | ||
(4) establish the order for presentation of evidence; | ||
(5) administer oaths to all persons presenting | ||
testimony; | ||
(6) examine persons presenting testimony; | ||
(7) ensure that information and testimony are | ||
introduced as conveniently and expeditiously as possible without | ||
prejudicing the rights of any party; | ||
(8) prescribe reasonable time limits for testimony and | ||
the presentation of evidence; [ |
||
(9) exercise the procedural rules adopted under | ||
Section 36.415; and | ||
(10) determine how to apportion among the parties the | ||
costs related to: | ||
(A) a contract for the services of a presiding | ||
officer; and | ||
(B) the preparation of the official hearing | ||
record. | ||
SECTION 53. Section 36.410, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.410. PROPOSAL FOR DECISION [ |
||
as provided by Subsection (e), the presiding officer shall submit a | ||
proposal for decision [ |
||
day after the date the evidentiary [ |
||
(b) The proposal for decision [ |
||
(1) a summary of the subject matter of the hearing; | ||
(2) a summary of the evidence or public comments | ||
received; and | ||
(3) the presiding officer's recommendations for board | ||
action on the subject matter of the hearing. | ||
(c) The presiding officer or general manager shall provide a | ||
copy of the proposal for decision [ |
||
(1) the applicant; and | ||
(2) each [ |
||
designated party. | ||
(d) A party [ |
||
|
||
proposal for decision [ |
||
(e) If the hearing was conducted by a quorum of the board and | ||
if the presiding officer prepared a record of the hearing as | ||
provided by Section 36.408(a), the presiding officer shall | ||
determine whether to prepare and submit a proposal for decision | ||
[ |
||
(f) The board shall consider the proposal for decision at a | ||
final hearing. Additional evidence may not be presented during a | ||
final hearing. The parties may present oral argument at a final | ||
hearing to summarize the evidence, present legal argument, or argue | ||
an exception to the proposal for decision. A final hearing may be | ||
continued as provided by Section 36.409. | ||
SECTION 54. Sections 36.412(a), (b), and (c), Water Code, | ||
are amended to read as follows: | ||
(a) An applicant in a contested or uncontested hearing on an | ||
application or a party to a contested hearing may administratively | ||
appeal a decision of the board on a permit or permit amendment | ||
application by requesting written findings and conclusions [ |
||
|
||
date of the board's decision. | ||
(b) On receipt of a timely written request, the board shall | ||
make written findings and conclusions regarding a decision of the | ||
board on a permit or permit amendment application. The board shall | ||
provide certified copies of the findings and conclusions to the | ||
person who requested them, and to each [ |
||
|
||
after the date the board receives the request. A party to a | ||
contested hearing [ |
||
|
||
[ |
||
board issues the findings and conclusions. | ||
(c) A request for rehearing must be filed in the district | ||
office and must state the grounds for the request. If the original | ||
hearing was a contested hearing, the party [ |
||
rehearing must provide copies of the request to all parties to the | ||
hearing. | ||
SECTION 55. Section 36.415(b), Water Code, is amended to | ||
read as follows: | ||
(b) In adopting the rules, a district shall: | ||
(1) define under what circumstances an application is | ||
considered contested; [ |
||
(2) limit participation in a hearing on a contested | ||
application to persons who have a personal justiciable interest | ||
related to a legal right, duty, privilege, power, or economic | ||
interest that is within a district's regulatory authority and | ||
affected by a permit or permit amendment application, not including | ||
persons who have an interest common to members of the public; and | ||
(3) establish the deadline for a person who may | ||
participate under Subdivision (2) to file in the manner required by | ||
the district a protest and request for a contested case hearing. | ||
SECTION 56. Section 36.416, Water Code, is amended by | ||
adding Subsections (d), (e), and (f) to read as follows: | ||
(d) An administrative law judge who conducts a contested | ||
case hearing shall consider applicable district rules or policies | ||
in conducting the hearing, but the district deciding the case may | ||
not supervise the administrative law judge. | ||
(e) A district shall provide the administrative law judge | ||
with a written statement of applicable rules or policies. | ||
(f) A district may not attempt to influence the finding of | ||
facts or the administrative law judge's application of the law in a | ||
contested case except by proper evidence and legal argument. | ||
SECTION 57. Section 36.4165, Water Code, is amended to read | ||
as follows: | ||
Sec. 36.4165. FINAL DECISION; CONTESTED CASE HEARINGS. (a) | ||
In a proceeding for a permit application or amendment in which a | ||
district has contracted with the State Office of Administrative | ||
Hearings for a contested case hearing, the board has the authority | ||
to make a final decision on consideration of a proposal for decision | ||
issued by an administrative law judge [ |
||
|
||
(b) A board may change a finding of fact or conclusion of law | ||
made by the administrative law judge, or may vacate or modify an | ||
order issued by the administrative judge, only if the board | ||
determines: | ||
(1) that the administrative law judge did not properly | ||
apply or interpret applicable law, district rules, written policies | ||
provided under Section 36.416(e), or prior administrative | ||
decisions; | ||
(2) that a prior administrative decision on which the | ||
administrative law judge relied is incorrect or should be changed; | ||
or | ||
(3) that a technical error in a finding of fact should | ||
be changed. | ||
SECTION 58. Section 36.1082, Water Code, is repealed. | ||
SECTION 59. The Texas Water Development Board shall conduct | ||
a study to define the quality and quantity of groundwater in this | ||
state in confined and unconfined aquifers. In conducting the | ||
study, the board shall produce a map that shows the area and water | ||
quality of confined and unconfined groundwater aquifers. | ||
SECTION 60. Not later than December 31, 2016, the Texas | ||
Water Development Board shall report the results of the study | ||
conducted under this Act to the lieutenant governor, the speaker of | ||
the house of representatives, and the standing committees in the | ||
senate and the house of representatives that have jurisdiction over | ||
natural resources. | ||
SECTION 61. The Texas Commission on Environmental Quality | ||
shall adopt the standards required by Section 341.039, Health and | ||
Safety Code, as amended by this Act, and Section 26.0311, Water | ||
Code, as amended by this Act, not later than January 1, 2016. | ||
SECTION 62. This Act applies only to an application for a | ||
water right or an amendment to a permit, certified filing, or | ||
certificate of adjudication authorizing an interbasin transfer of | ||
water that is accepted for filing on or after the effective date of | ||
this Act. An application for a water right or an amendment to a | ||
permit, certified filing, or certificate of adjudication | ||
authorizing an interbasin transfer of water that is accepted for | ||
filing before the effective date of this Act is governed by the law | ||
in effect at the time the application is accepted for filing, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 63. The changes in law made by this Act apply only | ||
to an application for a permit or a permit amendment that is | ||
received by a groundwater conservation district on or after the | ||
effective date of this Act. An application for a permit or permit | ||
amendment that is received before the effective date of this Act is | ||
governed by the law in effect on the date the application is | ||
received, and that law is continued in effect for that purpose. | ||
SECTION 64. This Act takes effect September 1, 2015. |