By Hawley                                             H.B. No. 3590

         75R10720 JJT-D                           

                                A BILL TO BE ENTITLED

 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           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is

5-10     governed by a board of five directors.

5-11           (b)  Temporary directors serve until initial directors are

5-12     elected under Section 8 of this Act.

5-13           (c)  Initial directors serve until permanent directors are

5-14     elected under Section 9 of this Act.

5-15           (d)  Permanent directors serve staggered four-year terms.

5-16           (e)  Each director must qualify to serve as director in the

5-17     manner provided by Section 36.055, Water Code.

5-18           (f)  A director serves until the director's successor has

5-19     qualified.

5-20           SECTION 7.  TEMPORARY DIRECTORS.  (a)  The temporary board of

5-21     directors is composed of:

5-22                 (1)  Bobby Nedbalek;

5-23                 (2)  James Ray Adams;

5-24                 (3)  Fernando Hernandez;

5-25                 (4)  Troy Floerke; and

5-26                 (5)  Erich P. Schneider.

5-27           (b)  If a temporary director fails to qualify for office, the

 6-1     temporary directors who have qualified shall appoint a person to

 6-2     fill the vacancy.  If at any time there are fewer than three

 6-3     qualified temporary directors, the Texas Natural Resource

 6-4     Conservation Commission shall appoint the necessary number of

 6-5     persons to fill all vacancies on the board.

 6-6           SECTION 8.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

 6-7     (a)  The temporary board of directors shall call and hold an

 6-8     election to confirm establishment of the district and to elect five

 6-9     initial directors.

6-10           (b)  At the confirmation and initial directors' election, the

6-11     temporary board of directors shall have placed on the ballot the

6-12     names of the persons serving as temporary directors who intend to

6-13     run for an initial director's office together with the name of any

6-14     candidate filing for an initial director's office and blank spaces

6-15     to write in the names of other persons.  If the district is created

6-16     at the election, the temporary board of directors, at the time the

6-17     vote is canvassed, shall declare the five qualified persons who

6-18     receive the most votes to be elected as the initial directors and

6-19     shall include the results of the initial directors' election in the

6-20     district's election report to the Texas Natural Resource

6-21     Conservation Commission.

6-22           (c)  Section 41.001(a), Election Code, does not apply to a

6-23     confirmation and initial directors' election held as provided by

6-24     this section.

6-25           (d)  Except as provided by this section, a confirmation and

6-26     initial directors' election must be conducted as provided by

6-27     Sections 36.017(b)-(h), Water Code, and the Election Code.

 7-1           SECTION 9.  ELECTION OF DIRECTORS.  (a)  On the first

 7-2     Saturday in October of the second year after the year in which the

 7-3     district is authorized to be created at a confirmation election, an

 7-4     election shall be held in the district for the election of two

 7-5     directors, each of whom shall serve a two-year term, and three

 7-6     directors, each of whom shall serve a four-year term.

 7-7           (b)  On the first Saturday in October of each subsequent

 7-8     second year following the election, the appropriate number of

 7-9     directors shall be elected to the board.

7-10           SECTION 10.  LIMITATION ON TAXATION.  The district may not

7-11     impose an ad valorem tax at a rate that exceeds five cents on the

7-12     $100 valuation of taxable property in the district.

7-13           SECTION  11.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.

7-14     (a)  The proper and legal notice of the intention to introduce this

7-15     Act, setting forth the general substance of this Act, has been

7-16     published as provided by law, and the notice and a copy of this Act

7-17     have been furnished to all persons, agencies, officials, or

7-18     entities to which they are required to be furnished by the

7-19     constitution and other laws of this state, including the governor,

7-20     who has submitted the notice and Act to the Texas Natural Resource

7-21     Conservation Commission.

7-22           (b)  The Texas Natural Resource Conservation Commission has

7-23     filed its recommendations relating to this Act with the governor,

7-24     lieutenant governor, and speaker of the house of representatives

7-25     within the required time.

7-26           (c)  All requirements of the constitution and laws of this

7-27     state and the rules and procedures of the legislature with respect

 8-1     to the notice, introduction, and passage of this Act are fulfilled

 8-2     and accomplished.

 8-3           SECTION 12.  EMERGENCY.  The importance of this legislation

 8-4     and the crowded condition of the calendars in both houses create an

 8-5     emergency and an imperative public necessity that the

 8-6     constitutional rule requiring bills to be read on three several

 8-7     days in each house be suspended, and this rule is hereby suspended,

 8-8     and that this Act take effect and be in force from and after its

 8-9     passage, and it is so enacted.