1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the San Patricio Groundwater
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A groundwater conservation
1-7 district, to be known as the San Patricio Groundwater Conservation
1-8 District, is created in San Patricio County, subject to approval at
1-9 a confirmation election under Section 8 of this Act. The district
1-10 is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 San Patricio Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of San Patricio County, except for
1-18 the following described tracts:
1-19 (1). All of the land lying south and east of a line beginning at
1-20 the intersection of the centerline of County Road 95 and the
1-21 northeast line of San Patricio County, said point being on the
1-22 common line between San Patricio County and Aransas County;
1-23 Thence with the centerline of said County Road 95, in a
1-24 southwesterly direction, to the intersection of the centerline of
2-1 County Road 93;
2-2 Thence with the centerline of said County Road 93, in a
2-3 generally westerly direction, to the intersection of the centerline
2-4 of F. M. Highway 136;
2-5 Thence with the centerline of said F. M. Highway 136, in a
2-6 southerly direction, to the intersection of the centerline of
2-7 County Road 102;
2-8 Thence with the centerline of said County Road 102, in a
2-9 westerly direction, to the intersection of the centerline of County
2-10 Road 79;
2-11 Thence with the centerline of said County Road 79, in a
2-12 southwesterly direction, to the intersection of the centerline of
2-13 the Southern Pacific Railroad;
2-14 Thence with the centerline of said Southern Pacific Railroad,
2-15 in a southeasterly direction, to the intersection of the centerline
2-16 of said County Road 79;
2-17 Thence with the centerline of said County Road 79, in a
2-18 generally southerly direction, to the intersection of the
2-19 centerline of County Road 74;
2-20 Thence with the centerline of said County Road 74, in a
2-21 westerly direction, to the intersection of the centerline of F. M.
2-22 Highway 1074;
2-23 Thence with the centerline of said F. M. Highway 1074, in a
2-24 northerly direction, to the intersection of the centerline of
2-25 County Road 42;
2-26 Thence with the centerline of said County Road 42, in a
2-27 generally westerly direction, to the intersection of the centerline
3-1 of County Road 37;
3-2 Thence with the centerline of said County Road 37, in a
3-3 southwesterly direction, to the intersection of the centerline of
3-4 County Road 54;
3-5 Thence with the centerline of said County Road 54, in a
3-6 southwesterly direction, to the intersection of the centerline of
3-7 County Road 35;
3-8 Thence with the centerline of said County Road 35, in a
3-9 generally southerly direction, to the intersection of the
3-10 centerline of State Highway 77;
3-11 Thence with the centerline of said State Highway 77, in a
3-12 southwesterly direction, to the intersection of the centerline of
3-13 Interstate Highway 37;
3-14 Thence with the centerline of said Interstate Highway 37, in
3-15 a southeasterly direction, to the intersection of the Nueces River,
3-16 being the south boundary of said San Patricio County, and the north
3-17 boundary of Nueces County.
3-18 (2). All the land encompassed by the City Limits of Taft, Texas,
3-19 and the surrounding area described as follows:
3-20 Beginning at the east or northeast corner of the City Limits
3-21 of Taft, at the intersection of the south line County Road 102
3-22 (Rincon Road) and the west line of F. M. Highway 631;
3-23 Thence with the west line of said F. M. Highway 631 and its
3-24 extension, in a southwesterly direction, to the intersection of the
3-25 centerline of County Road 78;
3-26 Thence with the centerline of said County Road 78, in a
3-27 northwesterly direction, to the intersection of the centerline of
4-1 said F. M. Highway 631;
4-2 Thence with the centerline of said F. M. Highway 631, in a
4-3 northeasterly direction to the intersection of the south line of
4-4 Mexico Street (the south line of the Fourth Hidalgo Addition);
4-5 Thence with the south line of said Mexico, and its extension,
4-6 in a northwesterly direction to the intersection of the west line
4-7 of the Fifth Hidalgo Addition;
4-8 Thence with the west line of said Fifth Hidalgo Addition, and
4-9 its extension, in a northeasterly direction, to the intersection of
4-10 the north line of U.S. Highway 181;
4-11 Thence with the north line of said U.S. Highway 181, in a
4-12 southeasterly direction, to the intersection of the west line of
4-13 the City Limits of Taft;
4-14 Thence following the City Limits of Taft to the place of
4-15 beginning.
4-16 (3). All of the land encompassed by the City Limits of Mathis,
4-17 including all of that portion of the Park Addition which lies
4-18 outside said City Limits.
4-19 SECTION 4. FINDING OF BENEFIT. All of the land and other
4-20 property included within the boundaries of the district will be
4-21 benefited by the works and projects that are to be accomplished by
4-22 the district under powers conferred by Section 59, Article XVI,
4-23 Texas Constitution. The district is created to serve a public use
4-24 and benefit.
4-25 SECTION 5. POWERS. (a) The district has all of the rights,
4-26 powers, privileges, authority, functions, and duties provided by
4-27 the general law of this state, including Chapters 36 and 49, Water
5-1 Code, applicable to groundwater conservation districts created
5-2 under Section 59, Article XVI, Texas Constitution. This Act
5-3 prevails over any provision of general law that is in conflict or
5-4 inconsistent with this Act.
5-5 (b) The rights, powers, privileges, authority, functions,
5-6 and duties of the district are subject to the continuing right of
5-7 supervision of the state to be exercised by and through the Texas
5-8 Natural Resource Conservation Commission.
5-9 (c) Notwithstanding Subsection (a) of this section, the
5-10 following provisions prevail over a conflicting or inconsistent
5-11 provision in this Act:
5-12 (1) Sections 36.107-36.108, Water Code;
5-13 (2) Sections 36.159-36.161, Water Code; and
5-14 (3) Subchapter I, Chapter 36, Water Code.
5-15 SECTION 6. BOARD OF DIRECTORS. (a) The district is
5-16 governed by a board of five directors.
5-17 (b) Temporary directors serve until initial directors are
5-18 elected under Section 8 of this Act.
5-19 (c) Initial directors serve until permanent directors are
5-20 elected under Section 9 of this Act.
5-21 (d) Permanent directors serve staggered four-year terms.
5-22 (e) Each director must qualify to serve as director in the
5-23 manner provided by Section 36.055, Water Code.
5-24 (f) A director serves until the director's successor has
5-25 qualified.
5-26 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
5-27 directors is composed of:
6-1 (1) Bobby Nedbalek;
6-2 (2) James Ray Adams;
6-3 (3) Fernando Hernandez;
6-4 (4) Troy Floerke; and
6-5 (5) Erich P. Schneider.
6-6 (b) If a temporary director fails to qualify for office, the
6-7 temporary directors who have qualified shall appoint a person to
6-8 fill the vacancy. If at any time there are fewer than three
6-9 qualified temporary directors, the Texas Natural Resource
6-10 Conservation Commission shall appoint the necessary number of
6-11 persons to fill all vacancies on the board.
6-12 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
6-13 (a) The temporary board of directors shall call and hold an
6-14 election to confirm establishment of the district and to elect five
6-15 initial directors.
6-16 (b) At the confirmation and initial directors' election, the
6-17 temporary board of directors shall have placed on the ballot the
6-18 names of the persons serving as temporary directors who intend to
6-19 run for an initial director's office together with the name of any
6-20 candidate filing for an initial director's office and blank spaces
6-21 to write in the names of other persons. If the district is created
6-22 at the election, the temporary board of directors, at the time the
6-23 vote is canvassed, shall declare the five qualified persons who
6-24 receive the most votes to be elected as the initial directors and
6-25 shall include the results of the initial directors' election in the
6-26 district's election report to the Texas Natural Resource
6-27 Conservation Commission.
7-1 (c) Section 41.001(a), Election Code, does not apply to a
7-2 confirmation and initial directors' election held as provided by
7-3 this section.
7-4 (d) Except as provided by this section, a confirmation and
7-5 initial directors' election must be conducted as provided by
7-6 Sections 36.017(b)-(h), Water Code, and the Election Code.
7-7 SECTION 9. ELECTION OF DIRECTORS. (a) On the first
7-8 Saturday in October of the second year after the year in which the
7-9 district is authorized to be created at a confirmation election, an
7-10 election shall be held in the district for the election of two
7-11 directors, each of whom shall serve a two-year term, and three
7-12 directors, each of whom shall serve a four-year term.
7-13 (b) On the first Saturday in October of each subsequent
7-14 second year following the election, the appropriate number of
7-15 directors shall be elected to the board.
7-16 SECTION 10. LIMITATION ON TAXATION. The district may not
7-17 impose an ad valorem tax at a rate that exceeds five cents on the
7-18 $100 valuation of taxable property in the district.
7-19 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
7-20 (a) The proper and legal notice of the intention to introduce this
7-21 Act, setting forth the general substance of this Act, has been
7-22 published as provided by law, and the notice and a copy of this Act
7-23 have been furnished to all persons, agencies, officials, or
7-24 entities to which they are required to be furnished by the
7-25 constitution and other laws of this state, including the governor,
7-26 who has submitted the notice and Act to the Texas Natural Resource
7-27 Conservation Commission.
8-1 (b) The Texas Natural Resource Conservation Commission has
8-2 filed its recommendations relating to this Act with the governor,
8-3 lieutenant governor, and speaker of the house of representatives
8-4 within the required time.
8-5 (c) All requirements of the constitution and laws of this
8-6 state and the rules and procedures of the legislature with respect
8-7 to the notice, introduction, and passage of this Act are fulfilled
8-8 and accomplished.
8-9 SECTION 12. EMERGENCY. The importance of this legislation
8-10 and the crowded condition of the calendars in both houses create an
8-11 emergency and an imperative public necessity that the
8-12 constitutional rule requiring bills to be read on three several
8-13 days in each house be suspended, and this rule is hereby suspended,
8-14 and that this Act take effect and be in force from and after its
8-15 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3590 was passed by the House on May
10, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3590 on May 22, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3590 was passed by the Senate, with
amendments, on May 20, 1997, by the following vote: Yeas 26, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor