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.