TLC: Special District Local Laws Code Proposed Chapters

81C374(4) SMH

CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8849.001. DEFINITIONS ............................... 2

Sec. 8849.002. NATURE OF DISTRICT ........................ 3

Sec. 8849.003. FINDINGS OF PUBLIC USE AND BENEFIT ........ 4

Sec. 8849.004. DISTRICT TERRITORY ........................ 4

[Sections 8849.005-8849.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8849.051. COMPOSITION OF BOARD; TERMS ............... 10

Sec. 8849.052. APPOINTMENT OF DIRECTORS .................. 13

Sec. 8849.053. BOARD VACANCY ............................. 13

Sec. 8849.054. EXPENSES .................................. 14

[Sections 8849.055-8849.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8849.101. GROUNDWATER CONSERVATION DISTRICT

POWERS AND DUTIES ....................... 17

Sec. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM

REGULATION .............................. 18

Sec. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF

RAILROAD COMMISSION ..................... 19

Sec. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX

COORDINATING COUNCIL .................... 21

Sec. 8849.105. MANAGEMENT PLAN ........................... 21

Sec. 8849.106. REGIONAL COOPERATION ...................... 21

[Sections 8849.107-8849.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8849.151. PUMPING FEES .............................. 23

Sec. 8849.152. TAXES PROHIBITED .......................... 24

CHAPTER 8849. LOST PINES GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Revised Law

Sec. 8849.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Lost Pines Groundwater Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3; Acts 77th Leg., R.S., Ch. 966, Sec. 3.0502(1); Acts 77th Leg., R.S., Ch. 1323, Sec. 2(1); New.)

Source Law

[Acts 76th Leg., R.S., Ch. 1331]

Sec. 3. In this Act, "district" means a groundwater conservation district created under Section 1 of this Act.

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0502. In this part:

(1) "District" means the Lost Pines Groundwater Conservation District.

[Acts 77th Leg., R.S., Ch. 1323]

Sec. 2. In this Act:

(1) "District" means the Lost Pines Groundwater Conservation District.

Revisor's Note

(1) The Lost Pines Groundwater Conservation District was created by Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999. That district is one of 13 districts created by that act, with the creation of each district subject to whether the succeeding legislature enacted a law to ratify its creation. See Sections 1 and 15, Chapter 1331. The 77th Legislature enacted two laws that ratified the creation of the Lost Pines Groundwater Conservation District. Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, ratified the creation of many of the districts created by Chapter 1331, including the Lost Pines Groundwater Conservation District, and set forth nonamendatory substantive provisions governing those districts. See Part 5, Article 3, Chapter 966, regarding the Lost Pines Groundwater Conservation District and see the remainder of Article 3, Chapter 966, regarding the other districts. Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, also ratified the creation of the Lost Pines Groundwater Conservation District and set forth nonamendatory substantive provisions governing that district. All three legislative enactments are source law for this chapter. Although Section 3, Chapter 1331, defines "district" to mean all of the districts created under Section 1 of that act, the revised law defines the term to mean the Lost Pines Groundwater Conservation District because this chapter applies only to that district. Similar changes are made throughout this chapter.

(2) The definitions of "board" and "director" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

Sec. 8849.002. NATURE OF DISTRICT. The district is a groundwater conservation district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part), (c).)

Source Law

Sec. 1. (a) The following groundwater conservation districts are created:

…

(6) Lost Pines Groundwater Conservation District;

…

(c) Each district created under this section is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Revisor's Note

Section 1(b), Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides that a district created under Section 1 of that act is a governmental agency and a body politic and corporate. This chapter does not include a revision of that provision because it duplicates a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate. Section 1(b) reads:

(b) A district created under this section is a governmental agency and a body politic and corporate.

Revised Law

Sec. 8849.003. 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. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)

Source Law

Sec. 4. All of the land and other property included within the boundaries of a district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution. The district is created to serve a public use and benefit.

Revised Law

Sec. 8849.004. DISTRICT TERRITORY. The district's boundaries are coextensive with the boundaries of Bastrop and Lee Counties unless the district's territory has been modified under:

(1) Subchapter J, Chapter 36, Water Code; or

(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec. 2(a) (part); Acts 77th Leg., R.S., Ch. 966, Sec. 3.0503; Acts 77th Leg., R.S., Ch. 1323, Sec. 3; New.)

Source Law

[Acts 76th Leg., R.S., Ch. 1331]

Sec. 2. (a) The boundaries of the following groundwater conservation districts are coextensive with county boundaries as follows:

…

(5) the boundaries of the Lost Pines Groundwater Conservation District are coextensive with the boundaries of Bastrop and Lee Counties, … ;

…

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0503. The boundaries of the district are coextensive with the boundaries of Bastrop and Lee counties, Texas.

[Acts 77th Leg., R.S., Ch. 1323]

Sec. 3. The boundaries of the district are coextensive with the boundaries of Bastrop and Lee counties, Texas.

Revisor's Note

(1) The revision of the law governing the district revises the statutory language describing the territory of the district. Because the district's boundaries are subject to change, that description may not be accurate on the effective date of the revision or at the time of a later reading. For the reader's convenience, the revised law includes a reference to the authority to change the district's territory under Subchapter J, Chapter 36, Water Code, applicable to groundwater conservation districts, and to the general authority of the legislature to enact other laws to change the district's territory.

(2) Section 2(a)(5), Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides that the boundaries of the district are coextensive with the boundaries of Bastrop and Lee Counties unless one of the counties does not confirm the district's creation. The revised law omits the provision relating to the consequences of the failure of one of the counties to confirm the district's creation because in November 2002 the creation of the district was confirmed by the voters of both Bastrop and Lee Counties. The omitted law reads:

(5) … but if the voters of only one county confirm the creation of the district under Section 10 of this Act, the boundaries of the district are coextensive with the boundaries of that county;

…

Revisor's Note

(End of Subchapter)

(1) Section 10, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides procedures for holding an election to confirm the districts created under that act and to elect the initial board of those districts. Section 3.0507, Chapter 966, and Section 8, Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, provide procedures for holding an election to confirm the Lost Pines Groundwater Conservation District. This chapter does not include a revision of those provisions because the district has been confirmed. Sections 10, 3.0507, and 8 read:

[Acts 76th Leg., R.S., Ch. 1331]

Sec. 10. (a) Not earlier than September 1, 2001, the temporary board of directors shall call and hold an election to confirm the district and to elect the initial directors.

(b) At the confirmation and initial directors' election, the temporary board of directors shall have placed on the ballot the names of the candidates for each of the positions on the board. To qualify as a candidate for a position, a person must be a resident of the district.

(c) If the district is confirmed at the election, the temporary board of directors, at the time the vote is canvassed, shall:

(1) declare the qualified person who receives the most votes for each 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 Natural Resource Conservation Commission.

(d) The initial directors shall draw lots to determine their terms so that:

(1) one-half or a simple majority of the directors serve four-year terms that expire on the fourth anniversary of the date the initial directors were elected; and

(2) the remaining directors serve two-year terms that expire on the second anniversary of the date the initial directors were elected.

(e) Subsection (a), Section 41.001, Election Code, applies to a confirmation and initial directors' election held as provided by this section.

(f) Except as provided by this section, a confirmation and initial directors' election must be conducted as provided by Subsections (b)-(h), Section 36.017, Water Code, and the Election Code.

(g) If the establishment of the district has not been confirmed at an election held under this section before the fourth anniversary of the effective date of this Act, the district is dissolved on that date, except that any debts incurred shall be paid and the organization of the district shall be maintained until all debts are paid.

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0507. (a) As soon as practicable after September 1, 2001, the temporary directors shall meet to set the date for and call the confirmation election. The directors shall hold the meeting in conjunction with the regularly scheduled meeting of the directors.

(b) The election shall be held on the authorized election date in November if the United States Department of Justice has precleared this part by that time. If this part has not been precleared by the November election date, the confirmation election shall be held at the next authorized election date. The district shall contract with the county clerks of Bastrop and Lee counties to conduct the election.

(c) Except as provided by this section, the confirmation election must be conducted as provided by Sections 36.017 and 36.018, Water Code, and the Election Code.

(d) If a majority of the votes cast at an election held under this section is against the confirmation of the district, the temporary directors may not call another election under this section before the first anniversary of that election.

[Acts 77th Leg., R.S., Ch. 1323]

Sec. 8. (a) As soon as practicable after the effective date of this Act, the temporary board of directors shall meet to set the date for and call the confirmation election. The directors shall hold the meeting in conjunction with the regularly scheduled meeting of the directors.

(b) The election shall be held on the authorized election date in November if the U.S. Department of Justice has precleared this Act by that time. If this Act has not been precleared by the November election date, the confirmation election shall be held at the next authorized election date. The district shall contract with the county clerks of Bastrop and Lee counties to conduct the election.

(c) Except as provided by this section, the confirmation election must be conducted as provided by Sections 36.017, 36.018, and 36.019, Water Code, and the Election Code.

(d) If the majority of qualified voters in a county who vote in the election vote to confirm the creation of the district, that county is included in the district. If the majority of qualified voters in a county who vote in the election vote not to confirm the creation of the district, that county is excluded from the district.

(e) The district is dissolved and this Act expires on August 31, 2003, unless the voters confirm the creation of the district before that date.

(2) Section 14, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides that, except as otherwise provided by that act, that act prevails over a conflicting provision of Chapter 36, Water Code. Section 3.0504(a), Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, provides that the part of that act relating to the district prevails over general law, including Chapter 36, Water Code, in case of a conflict or inconsistency. Similarly, Sections 4(a) and 9, Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, provide that the act prevails over general law, including Chapter 36, Water Code, in case of a conflict or inconsistency. This chapter does not include a revision of those provisions because they duplicate Section 311.026, Government Code (Code Construction Act), and part of Section 36.052(a), Water Code, which provides that a "special law governing a specific district" prevails over Chapter 36. Throughout this chapter, the revised law omits law that duplicates law contained in Chapter 36, Water Code, which applies to the district under Section 8849.101 of this chapter and Section 36.001(1), Water Code. Sections 14, 3.0504(a), 4(a), and 9 read:

[Acts 76th Leg., R.S., Ch. 1331]

Sec. 14. Except as otherwise provided by this Act, if there is a conflict between this Act and Chapter 36, Water Code, this Act controls.

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0504. (a) … This part prevails over any provision of general law, including Chapter 36, Water Code, or Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, that is in conflict or inconsistent with this part.

[Acts 77th Leg., R.S., Ch. 1323]

Sec. 4. (a) … This Act prevails over any provision of general law that is in conflict or inconsistent with this Act, including any provision of Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate Bill No. 1911).

Sec. 9. Except as otherwise provided by this Act, if there is a conflict between this Act and Chapter 36, Water Code, this Act controls.

(3) Section 4(b), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, provides that certain provisions of the Water Code prevail over a conflicting or inconsistent provision of the act. The revised law omits Section 4(b) because it substantially duplicates Section 36.052(b), Water Code, which provides that the provisions of the Water Code referenced in Section 4(b), in addition to Sections 36.107 and 36.108, Water Code, prevail over a conflicting or inconsistent provision of a special law that governs a specific district. Although Section 4(b) does not reference Sections 36.107 and 36.108, Water Code, those sections of Chapter 36 are not in conflict or inconsistent with any provision of this chapter. The omitted law reads:

(b) Notwithstanding Subsection (a), the following provisions prevail over a conflicting or inconsistent provision of this Act:

(1) Sections 36.1071-36.1073, Water Code;

(2) Sections 36.159-36.161, Water Code; and

(3) Subchapter I, Chapter 36, Water Code.

(4) Section 3.0510, Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, provides that if another bill relating to the district is enacted by the 77th Legislature, Regular Session, 2001, and becomes law, the provisions of the other act prevail over the part of Chapter 966 relating to the district in case of a conflict. In that same legislative session, the legislature enacted Chapter 1323. The revised law omits Section 3.0510 of Chapter 966 as unnecessary because any provisions of Chapter 966 that conflict with Chapter 1323 are omitted from the revised law. See Revisor's Note (2) to Section 8849.051. The omitted law reads:

Sec. 3.0510. If another bill relating to the Lost Pines Groundwater Conservation District is enacted by the 77th Legislature, Regular Session, 2001, and becomes law, then, to the extent of any conflict between that Act and this part, the provisions of that Act shall prevail.

[Sections 8849.005-8849.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Revised Law

Sec. 8849.051. COMPOSITION OF BOARD; TERMS. (a) The district is governed by a board of 10 directors.

(b) Directors serve staggered four-year terms. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0506(a), (f); Acts 77th Leg., R.S., Ch. 1323, Secs. 7(a), (f).)

Source Law

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0506. (a) The district is governed by a board of 10 directors.

(f) Except as provided by Subsection (d) of this section, directors serve staggered four-year terms.

[Acts 77th Leg., R.S., Ch. 1323]

Sec. 7. (a) The district is governed by a board of 10 directors.

(f) Except as provided by Subsection (d), directors serve staggered four-year terms.

Revisor's Note

(1) Section 3.0506(f), Chapter 966, and Section 7(f), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, provide that directors serve four-year terms, "[e]xcept as provided by Subsection (d)." The revised law omits the quoted language because the revised law omits Sections 3.0506(d) and 7(d) as executed. See Revisor's Note (5) to the end of this subchapter.

(2) Section 3.0506(g), Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, provides that directors may serve consecutive terms. The revised law omits that provision because it was impliedly repealed by former Section 7(g), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, which limited directors to serving two consecutive terms after the confirmation election. Section 3.0510, Chapter 966, provides that if another bill relating to the district is enacted by the 77th Legislature, Regular Session, 2001, and becomes law, the provisions of the other act prevail over the part of Chapter 966 relating to the district in case of a conflict. Under Section 311.025, Government Code (Code Construction Act), a later enacted statute controls over a previously enacted conflicting statute, and the date of enactment is the date on which the last legislative vote is taken. The last legislative vote for Chapter 966 occurred May 27, 2001, and the last legislative vote for Chapter 1323 occurred May 25, 2001. Because Chapter 966 was enacted after Chapter 1323 and Section 3.0510, Chapter 966, provides that other bills relating to the district that are enacted in the same session prevail over the part of Chapter 966 relating to the district in case of a conflict, former Section 7(g), Chapter 1323, prevailed over Section 3.0506(g), Chapter 966, even though Chapter 1323 was enacted before Chapter 966. The revised law does not codify Section 7(g), Chapter 1323, because that section was repealed by Chapter 195, Acts of the 80th Legislature, Regular Session, 2007. The omitted law reads:

(g) Directors may serve consecutive terms.

(3) Section 3.0506(h), Chapter 966, and Section 7(h), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, provide that a director must qualify to serve in the manner provided by Section 36.055, Water Code. The revised law omits those provisions because Section 36.055, Water Code, applies to the district under Section 8849.101 of this chapter and Section 36.001(1), Water Code. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506]

(h) Each director must qualify to serve as director in the manner provided by Section 36.055, Water Code.

[Acts 77th Leg., R.S., Ch. 1323, Sec. 7]

(h) Each director must qualify to serve as director in the manner provided by Section 36.055, Water Code.

(4) Section 3.0506(i), Chapter 966, and Section 7(i), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, provide that a director serves until a successor has qualified. The revised law omits those provisions because they duplicate Section 17, Article XVI, Texas Constitution, which provides that an officer in this state continues to perform the officer's official duties until a successor has qualified. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506]

(i) A director serves until the director's successor has qualified.

[Acts 77th Leg., R.S., Ch. 1323, Sec. 7]

(i) A director serves until the director's successor has qualified.

Revised Law

Sec. 8849.052. APPOINTMENT OF DIRECTORS. (a) Five directors are appointed from Bastrop County by the county judge of Bastrop County and five directors are appointed from Lee County by the county judge of Lee County.

(b) Every two years after the initial appointment of directors, the appropriate number of directors shall be appointed. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0506(b), (e); Acts 77th Leg., R.S., Ch. 1323, Secs. 7(b), (e).)

Source Law

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506]

(b) Five directors shall be appointed from Bastrop County by the county judge of Bastrop County and five directors shall be appointed from Lee County by the county judge of Lee County.

(e) In each subsequent second year following the initial appointment of directors, the appropriate number of directors shall be appointed.

[Acts 77th Leg., R.S., Ch. 1323, Sec. 7]

(b) Five directors shall be appointed from Bastrop County by the county judge of Bastrop County and five directors shall be appointed from Lee County by the county judge of Lee County.

(e) In each subsequent second year following the initial appointment of directors, the appropriate number of directors shall be appointed.

Revised Law

Sec. 8849.053. BOARD VACANCY. If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506(j); Acts 77th Leg., R.S., Ch. 1323, Sec. 7(j).)

Source Law

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506]

(j) If a vacancy occurs on the board of directors, the board may appoint a director to serve the remainder of the term.

[Acts 77th Leg., R.S., Ch. 1323, Sec. 7]

(j) If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term.

Revised Law

Sec. 8849.054. EXPENSES. A director is entitled to reimbursement for actual reasonable expenses incurred in performing duties as a director. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506(k) (part); Acts 77th Leg., R.S., Ch. 1323, Sec. 7(k) (part).)

Source Law

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506]

(k) A director … is entitled to reimbursement for reasonable actual expenses incurred in performing duties as a director.

[Acts 77th Leg., R.S., Ch. 1323, Sec. 7]

(k) A director … is entitled to reimbursement for actual reasonable expenses incurred in performing duties as a director.

Revisor's Note

Section 3.0506(k), Chapter 966, and Section 7(k), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, provide that a director may receive fees of office as provided by Section 36.060, Water Code. The revised law omits the provisions because they substantially duplicate Section 36.060, Water Code. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506]

(k) [A director] may receive fees of office as provided by Section 36.060, Water Code, and … .

[Acts 77th Leg., R.S., Ch. 1323, Sec. 7]

(k) [A director] may receive fees of office as provided by Section 36.060, Water Code, and … .

Revisor's Note

(End of Subchapter)

(1) Sections 5 and 12, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, govern the powers of the temporary directors of a district created under that act. This chapter does not include a revision of those provisions because they are executed. Sections 5 and 12 read:

Sec. 5. (a) Except as provided by Subsections (c) and (d) of this section or otherwise by this Act, the temporary directors of a 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 within the district to inspect a water well as provided by Section 49.221, Water Code.

(1) Sections 36.017, 36.019, 36.020, and 36.059, relating to elections;

(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and 36.108, relating to eminent domain and management plans;

(3) Sections 36.171-36.181, relating to bonds and notes;

(4) Sections 36.201-36.204, relating to taxes; and

(5) Sections 36.321-36.359, relating to annexation and consolidation.

(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. 12. Prior to September 1, 2001, the temporary directors of a district shall not hold an election for the imposition of a tax.

(2) Section 7, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, relates to the election of initial directors of a district created under that act. This chapter does not include a revision of that provision because it is executed. Section 7 reads:

Sec. 7. The initial directors may not be elected until after September 1, 2001.

(3) Sections 8 and 9, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provide for the appointment of temporary directors of a district created under that act and require the temporary directors to hold an organizational meeting of the district. This chapter does not include a revision of those provisions because they are executed. Sections 8 and 9 read:

Sec. 8. (a) Except as provided by Subsections (b) and (c) of this section, the commissioners court of a county containing territory included within the district shall appoint temporary directors in accordance with the provisions of Section 36.016, Water Code, relating to the appointment of temporary directors by county commissioners courts.

(b) For districts composed of more than one county, the county commissioners court of each county with territory in the district shall appoint an equal number of temporary directors, the total number of temporary directors appointed to be determined by the county commissioners courts except that the total number of directors may not be fewer than five or more than 11.

(c) The 90-day limit for the appointment of temporary directors under Section 36.016, Water Code, does not apply to the appointment of temporary directors under this Act.

Sec. 9. (a) As soon as practicable after the temporary directors are appointed as provided by this Act, the temporary directors shall hold the organizational meeting of the district and take office at that time.

(b) The temporary directors shall hold the meeting at a location within the district to which a majority of the temporary directors agree.

(4) Section 11, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides for the election of permanent directors of a district created under that act. This chapter does not include a revision of that section because, as that section relates to the Lost Pines Groundwater Conservation District, it is superseded by Sections 3.0506(b) and (e), Chapter 966, and Sections 7(b) and (e), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, which provide for the appointment of the district's directors. See Section 8849.052 of this chapter. Section 3.0504(a), Chapter 966, and Section 4(a), Chapter 1323, provide that the part of the act relating to the district or the act, respectively, prevails over Chapter 1331 in case of a conflict or inconsistency. The omitted law reads:

Sec. 11. Beginning in the second year after the year in which the district has held a confirmation election, an election shall be held in the district on the first Saturday in the month in which the initial directors were elected under Section 10 of this Act and every two years after that date to elect the appropriate number of directors to the board.

(5) Sections 3.0506(c) and (d), Chapter 966, and Sections 7(c) and (d), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, provide for the terms of office of temporary directors of the district. The revised law omits those provisions because the terms of the temporary directors have expired. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0506]

(d) The temporary directors shall draw lots to determine:

(1) which three directors from each county will serve four-year terms that expire December 31, 2005; and

(2) which two directors from each county will serve two-year terms that expire December 31, 2003.

[Acts 77th Leg., R.S., Ch. 1323, Sec. 7]

(d) The temporary directors shall draw lots to determine:

(1) which three directors from each county will serve four-year terms that expire at the end of the calendar year of the fourth year after the year in which this Act takes effect; and

(2) which two directors from each county will serve two-year terms that expire at the end of the calendar year of the second year after the year in which this Act takes effect.

[Sections 8849.055-8849.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Revised Law

Sec. 8849.101. 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. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(a) (part); Acts 77th Leg., R.S., Ch. 1323, Sec. 4(a) (part).)

Source Law

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0504. (a) The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of the state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution. …

[Acts 77th Leg., R.S., Ch. 1323]

Sec. 4. (a) The district has all of the rights, powers, privileges, authority, 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… .

Revisor's Note

Section 3.0504(a), Chapter 966, and Section 4(a), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, refer to the "rights, powers, privileges, [and] authority" of the district. The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

Revised Law

Sec. 8849.102. AUTHORITY TO EXEMPT CERTAIN WELLS FROM REGULATION. The district may adopt a rule exempting a well that is not capable of producing more than 50,000 gallons of groundwater a day from a permit requirement, a fee, or a restriction on production. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(c); Acts 77th Leg., R.S., Ch. 1323, Sec. 4(e).)

Source Law

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504]

(c) The district may adopt a rule exempting a well that is not capable of producing more than 50,000 gallons of groundwater a day from a permit requirement, a fee, or a restriction on production.

[Acts 77th Leg., R.S., Ch. 1323, Sec. 4]

(e) The district may adopt a rule exempting a well that is not capable of producing more than 50,000 gallons of groundwater a day from a permit requirement, a fee, or a restriction on production.

Revised Law

Sec. 8849.103. GROUNDWATER WELLS UNDER JURISDICTION OF RAILROAD COMMISSION. (a) In this section:

(1) "Public utility" means any person, corporation, public utility, water supply or sewer service corporation, municipality, political subdivision, or agency operating, maintaining, or controlling facilities in this state for providing potable water service for compensation.

(2) "Railroad commission" means the Railroad Commission of Texas.

(b) A groundwater well drilled or operated in the district under a permit issued by the railroad commission is under the exclusive jurisdiction of the railroad commission and is exempt from regulation by the district.

(c) Groundwater produced in an amount authorized by a railroad commission permit may be used in or exported from the district without a permit from the district.

(d) To the extent groundwater production exceeds railroad commission authorization, the holder of the railroad commission permit:

(1) shall apply to the district for the appropriate permit for the excess production; and

(2) is subject to the applicable regulatory fees.

(e) Groundwater produced from a well under the jurisdiction of the railroad commission is generally exempt from water district fees. However, the district may impose a pumping fee or an export fee on groundwater produced from an otherwise exempt mine well that is used for municipal purposes or by a public utility. A fee imposed by the district under this subsection may not exceed the fee imposed on other groundwater producers in the district. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0502(2), 3.0505; Acts 77th Leg., R.S., Ch. 1323, Secs. 2(2), 5; New.)

Source Law

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0502. In this part:

(2) "Public utility" means any person, corporation, public utility, water supply or sewer service corporation, municipality, political subdivision, or agency operating, maintaining, or controlling facilities in the state for providing potable water service for compensation.

Sec. 3.0505. (a) Groundwater wells drilled or operated within the district under permits issued by the Railroad Commission of Texas are under the exclusive jurisdiction of the railroad commission and are exempt from regulation by the district.

(b) Groundwater produced in an amount authorized by a railroad commission permit may be used within or exported from the district without obtaining a permit from the district.

(c) To the extent groundwater production exceeds railroad commission authorization, the holder of the railroad commission permit must apply to the district for appropriate permits for the excess production and is subject to the applicable regulatory fees.

(d) Groundwater produced from wells under the jurisdiction of the railroad commission is generally exempt from water district fees. However, the district may impose either a pumping fee or an export fee on groundwater produced from an otherwise exempt mine well that is used for municipal purposes or by a public utility. Any fee imposed by the district under this subsection may not exceed the fee imposed on other groundwater producers in the district.

[Acts 77th Leg., R.S., Ch. 1323]

Sec. 2. In this Act:

(2) "Public utility" means any person, corporation, public utility, water supply or sewer service corporation, municipality, political subdivision, or agency operating, maintaining, or controlling facilities in this state for providing potable water service for compensation.

Sec. 5. (a) Groundwater wells drilled or operated within the district under permits issued by the Railroad Commission of Texas are under the exclusive jurisdiction of the commission and are exempt from regulation by the district.

(b) Groundwater produced in an amount authorized by a commission permit may be used within or exported from the district without the necessity of obtaining a permit from the district.

(c) To the extent groundwater is produced in excess of railroad commission authorization, the holder of the commission permit shall apply to the district for appropriate permits for the excess production and be subject to the applicable regulatory fees.

(d) Groundwater produced from wells under the jurisdiction of the railroad commission is generally exempt from water district fees. However, the district may impose either a pumping fee or an export fee on groundwater produced from an otherwise exempt mine well which is used for municipal purposes or by a public utility. Any fee imposed by the district under this subsection may not exceed the fee imposed on other groundwater producers in the district.

Revisor's Note

The definition of "railroad commission" is added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definition.

Revised Law

Sec. 8849.104. MEMBERSHIP ON CENTRAL CARRIZO-WILCOX COORDINATING COUNCIL. The district is a member of the Central Carrizo-Wilcox Coordinating Council. (Acts 77th Leg., R.S., Ch. 1323, Sec. 10.)

Source Law

Sec. 10. The district is a member of the Central Carrizo-Wilcox Coordinating Council.

Revised Law

Sec. 8849.105. MANAGEMENT PLAN. The district shall develop or contract to develop a district management plan under Section 36.1071, Water Code, and submit the plan to the Central Carrizo-Wilcox Coordinating Council to be included in the management plan developed by the council. (Acts 77th Leg., R.S., Ch. 1323, Sec. 11.)

Source Law

Sec. 11. The district shall develop or contract to develop its own management plan under Section 36.1071, Water Code, and submit it to the Central Carrizo-Wilcox Coordinating Council to be included in the management plan developed by the Central Carrizo-Wilcox Coordinating Council.

Revised Law

Sec. 8849.106. REGIONAL COOPERATION. The district shall:

(1) adopt a management plan detailing proposed efforts of the district to cooperate with other groundwater conservation districts;

(2) participate as needed in coordination meetings with adjacent groundwater conservation districts that share one or more aquifers with the district;

(3) coordinate the collection of data with adjacent groundwater conservation districts in such a way as to achieve relative uniformity of data type and quality;

(4) provide groundwater level information to adjacent groundwater conservation districts;

(5) investigate any groundwater pollution to identify the pollution's source;

(6) notify adjacent groundwater conservation districts and all appropriate agencies of any groundwater pollution detected and the source of the pollution identified;

(7) provide to adjacent groundwater conservation districts annually an inventory of water wells in the district and an estimate of groundwater pollution in the district; and

(8) include adjacent groundwater conservation districts on mailing lists for district newsletters and information regarding seminars, public education events, news articles, and field days. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0508.)

Source Law

Sec. 3.0508. The district shall:

(1) adopt a management plan detailing proposed efforts of the district to cooperate with other groundwater conservation districts;

(2) participate as needed in coordination meetings with adjacent groundwater conservation districts that share one or more aquifers with the district;

(3) coordinate the collection of data with adjacent groundwater conservation districts in such a way as to achieve relative uniformity of data type and quality;

(4) provide groundwater level information to adjacent groundwater conservation districts;

(5) investigate any groundwater pollution to identify the pollution's source;

(6) notify adjacent groundwater conservation districts and all appropriate agencies of any groundwater pollution detected and the source of pollution identified;

(7) provide to adjacent groundwater conservation districts annually an inventory of water wells in the district and an estimate of groundwater production within the district; and

(8) include adjacent groundwater conservation districts on mailing lists for district newsletters and information regarding seminars, public education events, news articles, and field days.

Revisor's Note

(End of Subchapter)

(1) Section 6, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, prohibits a district created under that act from adopting a comprehensive management plan before September 1, 2001. This chapter does not include a revision of that provision because it is executed. Section 6 reads:

Sec. 6. To ensure consistency of district long-term management plans with the regional planning process authorized by Senate Bill No. 1 (Chapter 1010), Acts of the 75th Legislature, Regular Session, 1997, a district may not adopt the comprehensive management plan required by Section 36.1071, Water Code, before September 1, 2001.

(2) Section 6, Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, prohibits the district from requiring a permit for the drilling of certain water wells. The revised law omits that provision because it duplicates Section 36.117(b)(2), Water Code. The omitted law reads:

Sec. 6. The district may not require a permit for the drilling of a water well 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, provided that the person holding the permit is responsible for drilling and operating the water well and the well is located on the same lease or field associated with the drilling rig.

[Sections 8849.107-8849.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 8849.151. PUMPING FEES. (a) The district may assess regulatory pumping fees for water produced in or exported from the district.

(b) The regulatory pumping fees the district assesses for water for crop or livestock production or other agricultural uses may not exceed 20 percent of the rate applied to water for municipal uses.

(1) $1 for each acre-foot for water used to irrigate agricultural crops; or

(2) 17 cents for each thousand gallons for water used for any other purpose.

(d) Combined regulatory pumping fees for production and export of water may not exceed 17 cents for each thousand gallons for water used. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(b) (part); Acts 77th Leg., R.S., Ch. 1323, Secs. 4(c) (part), (d).)

Source Law

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504]

(b) … The district may assess regulatory pumping fees for water produced in or exported from the district. The regulatory pumping fees the district assesses for water for crop or livestock production or other agricultural uses may not exceed 20 percent of the rate applied to water for municipal uses. Regulatory pumping fees based on the amount of water withdrawn from a well may not exceed:

(1) $1 per acre-foot for water used for the purpose of irrigating agricultural crops; or

(2) 17 cents per thousand gallons for water used for any other purpose.

[Acts 77th Leg., R.S., Ch. 1323, Sec. 4]

(c) … The district may assess regulatory pumping fees for water produced in or exported from the district. The regulatory pumping fees the district assesses for water for crop or livestock production or other agricultural uses may be no more than 20 percent of the rate applied to water for municipal uses. Regulatory pumping fees based on the amount of water withdrawn from a well may not exceed:

(1) one dollar per acre-foot for water used for the purpose of irrigating agricultural crops; or

(2) 17 cents per thousand gallons for water used for any other purpose.

(d) Combined regulatory pumping fees for production and export of water may not exceed 17 cents per thousand gallons for water used.

Revised Law

Sec. 8849.152. TAXES PROHIBITED. The district may not impose a tax. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504(b) (part); Acts 77th Leg., R.S., Ch. 1323, Sec. 4(c) (part).)

Source Law

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0504]

(b) The district may not impose a tax. …

[Acts 77th Leg., R.S., Ch. 1323, Sec. 4]

Revisor's Note

(End of Chapter)

(1) Section 13, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides that a district created under that act may be modified by subsequent acts of the Texas Legislature. A fundamental principle of statutory construction is that one session of the legislature may not bind a future session of the legislature. By application of that principle, a district created under an act of the legislature may be modified by a subsequent legislative act without an express statement to that effect in the act creating the district. Accordingly, this chapter does not include a revision of that provision because it does not add to the clear meaning of the law. Section 13 reads:

Sec. 13. A district created under this Act may be modified by subsequent acts of the Texas Legislature. The modification may be in response to the recommendations of an interim study or committee, including the possibility of adding additional area to the district or merging the district with other districts for the purposes of the efficient and effective management of a common groundwater resource.

(2) Section 15, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides that an election to confirm the creation of a district under that act and to elect initial directors may not be held unless action is taken by the 77th Legislature, Regular Session, to ratify the creation of the district and provides for the dissolution of a district created by that act whose creation is not ratified. This chapter does not include a revision of that provision as it relates to the Lost Pines Groundwater Conservation District because it was executed when the creation of the district was ratified by Section 3.0501, Chapter 966, and Section 1, Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, subject to approval at a confirmation election. Section 15 reads:

Sec. 15. (a) Notwithstanding the provisions of Section 10 of this Act, an election for the confirmation of the creation of a groundwater conservation district under this Act and for the selection of initial directors for such district shall not be held unless action is taken by the 77th Legislature in its Regular Session to ratify the creation of the district.

(b) Except as provided by Subsection (c) of this section, a groundwater conservation district created by this Act whose creation is not ratified by the 77th Legislature as provided by Subsection (a) of this section is dissolved effective September 1, 2001.

(c) If a groundwater conservation district is dissolved under this section, the district has no further authority, except that any debts incurred shall be paid and the organization of the district shall be maintained until all debts are paid.

(3) Section 3.0501, Chapter 966, and Section 1, Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, ratified the creation of the district, subject to approval at a confirmation election. The revised law omits those provisions as executed. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0501. The creation of the Lost Pines Groundwater Conservation District in Bastrop and Lee counties by Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, is ratified as required by Section 15(a) of that chapter, subject to approval at a confirmation election under Section 3.0507 of this part.

[Acts 77th Leg., R.S., Ch. 1323]

Sec. 1. The creation by Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate Bill No. 1911), of the Lost Pines Groundwater Conservation District in Bastrop and Lee counties is ratified as required by Section 15(a) of that Act, subject to approval at a confirmation election under Section 8 of this Act.

(4) Section 3.0509, Chapter 966, and Section 13(b), Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, contain transition language regarding the expiration of the part of the act relating to the district or of the act, respectively, if the district is not confirmed at a confirmation election before a certain date. The revised law omits those provisions as executed because the district was confirmed within the required period. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0509. If the creation of this district is not confirmed at a confirmation election held under Section 3.0507 of this part before September 1, 2005, this part expires on that date.

[Acts 77th Leg., R.S., Ch. 1323, Sec. 13]

(b) If the creation of this district is not confirmed at a confirmation election held under Section 8 of this Act before September 1, 2003, this Act expires on that date.

(5) Section 13.05, Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, provides that the act is severable. This chapter does not include a revision of that provision because it duplicates Section 311.032, Government Code (Code Construction Act), which states that a provision of a statute is severable from each other provision of the statute that can be given effect. Section 13.05 reads:

Sec. 13.05. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

(6) Section 16, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, recites legislative findings regarding procedural requirements for the creation of the districts created by that act under the constitution and other laws and rules, including proper legal notice and the filing of recommendations. Section 13.04, Chapter 966, and Section 12, Chapter 1323, Acts of the 77th Legislature, Regular Session, 2001, recite similar findings regarding requirements for the creation of the districts ratified by that act and of the Lost Pines Groundwater Conservation District, respectively. This chapter does not include a revision of those provisions because they are executed. Sections 16, 13.04, and 12 read:

[Acts 76th Leg., R.S., Ch. 1331]

Sec. 16. (a) The proper and 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 by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.

(b) The Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

(c) 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.

(d) The procedural requirements of this section relating to the provision of notice have been met by the provision of notice of the introduction of the proposed Acts of the 76th Legislature relating to the creation of the groundwater conservation districts now created by this Act.

[Acts 77th Leg., R.S., Ch. 966]

Sec. 13.04. (a) The proper and 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 by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.

(c) All requirements of the constitution and laws of the state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

[Acts 77th Leg., R.S., Ch. 1323]

Sec. 12. (a) The proper and 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 by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.


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