1-1     By:  Hawley (Senate Sponsor - Truan)                  H.B. No. 3590

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on Natural

 1-4     Resources; May 17, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 11, Nays 0; May 17, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Brown

 1-7           Amend H.B. No. 3590 as follows:

 1-8           In SECTION 5 of the bill, add a new subsection (c) to read as

 1-9     follows:

1-10           (c)  Notwithstanding Subsection (a) of this Section, the

1-11     following provisions prevail over a conflicting or inconsistent

1-12     provision in this Act:

1-13                 (1)  Sections 36.107-36.108, Water Code;

1-14                 (2)  Sections 36.159-36.161, Water Code; and

1-15                 (3)  Subchapter I, Water Code.

1-16                            A BILL TO BE ENTITLED

1-17                                   AN ACT

1-18     relating to the creation, administration, powers, duties,

1-19     operation, and financing of the San Patricio Groundwater

1-20     Conservation District.

1-21           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-22           SECTION 1.  CREATION.  (a)  A groundwater conservation

1-23     district, to be known as the San Patricio Groundwater Conservation

1-24     District, is created in San Patricio County, subject to approval at

1-25     a confirmation election under Section 8 of this Act.  The district

1-26     is a governmental agency and a body politic and corporate.

1-27           (b)  The district is created under and is essential to

1-28     accomplish the purposes of Section 59, Article XVI, Texas

1-29     Constitution.

1-30           SECTION 2.  DEFINITION.  In this Act, "district" means  the

1-31     San Patricio Groundwater Conservation District.

1-32           SECTION 3.  BOUNDARIES.  The boundaries of the district are

1-33     coextensive with the boundaries of San Patricio County, except for

1-34     the following described tracts:

1-35     (1).  All of the land lying south and east of a line beginning at

1-36     the intersection of the centerline of County Road 95 and the

1-37     northeast line of San Patricio County, said point being on the

1-38     common line between San Patricio County and Aransas County;

1-39           Thence with the centerline of said County Road 95, in a

1-40     southwesterly direction, to the intersection of the centerline of

1-41     County Road 93;

1-42           Thence with the centerline of said County Road 93, in a

1-43     generally westerly direction, to the intersection of the centerline

1-44     of F. M. Highway 136;

1-45           Thence with the centerline of said F. M. Highway 136, in a

1-46     southerly direction, to the intersection of the centerline of

1-47     County Road 102;

1-48           Thence with the centerline of said County Road 102, in a

1-49     westerly direction, to the intersection of the centerline of County

1-50     Road 79;

1-51           Thence with the centerline of said County Road 79, in a

1-52     southwesterly direction, to the intersection of the centerline of

1-53     the Southern Pacific Railroad;

1-54           Thence with the centerline of said Southern Pacific Railroad,

1-55     in a southeasterly direction, to the intersection of the centerline

1-56     of said County Road 79;

1-57           Thence with the centerline of said County Road 79, in a

1-58     generally southerly direction, to the intersection of the

1-59     centerline of County Road 74;

1-60           Thence with the centerline of said County Road 74, in a

1-61     westerly direction, to the intersection of the centerline of F. M.

1-62     Highway 1074;

1-63           Thence with the centerline of said F. M. Highway 1074, in a

1-64     northerly direction, to the intersection of the centerline of

 2-1     County Road 42;

 2-2           Thence with the centerline of said County Road 42, in a

 2-3     generally westerly direction, to the intersection of the centerline

 2-4     of County Road 37;

 2-5           Thence with the centerline of said County Road 37, in a

 2-6     southwesterly direction, to the intersection of the centerline of

 2-7     County Road 54;

 2-8           Thence with the centerline of said County Road 54, in a

 2-9     southwesterly direction, to the intersection of the centerline of

2-10     County Road 35;

2-11           Thence with the centerline of said County Road 35, in a

2-12     generally southerly direction, to the intersection of the

2-13     centerline of State Highway 77;

2-14           Thence with the centerline of said State Highway 77, in a

2-15     southwesterly direction, to the intersection of the centerline of

2-16     Interstate Highway 37;

2-17           Thence with the centerline of said Interstate Highway 37, in

2-18     a southeasterly direction, to the intersection of the Nueces River,

2-19     being the south boundary of said San Patricio County, and the north

2-20     boundary of Nueces County.

2-21     (2).  All the land encompassed by the City Limits of Taft, Texas,

2-22     and the surrounding area described as follows:

2-23           Beginning at the east or northeast corner of the City Limits

2-24     of Taft, at the intersection of the south line County Road 102

2-25     (Rincon Road) and the west line of F. M. Highway 631;

2-26           Thence with the west line of said F. M. Highway 631 and its

2-27     extension, in a southwesterly direction, to the intersection of the

2-28     centerline of County Road 78;

2-29           Thence with the centerline of said County Road 78, in a

2-30     northwesterly direction, to the intersection of the centerline of

2-31     said F. M. Highway 631;

2-32           Thence with the centerline of said F. M. Highway 631, in a

2-33     northeasterly direction to the intersection of the south line of

2-34     Mexico Street (the south line of the Fourth Hidalgo Addition);

2-35           Thence with the south line of said Mexico, and its extension,

2-36     in a northwesterly direction to the intersection of the west line

2-37     of the Fifth Hidalgo Addition;

2-38           Thence with the west line of said Fifth Hidalgo Addition, and

2-39     its extension, in a northeasterly direction, to the intersection of

2-40     the north line of U.S.  Highway 181;

2-41           Thence with the north line of said U.S. Highway 181, in a

2-42     southeasterly direction, to the intersection of the west line of

2-43     the City Limits of Taft;

2-44           Thence following the City Limits of Taft to the place of

2-45     beginning.

2-46     (3).  All of the land encompassed by the City Limits of Mathis,

2-47     including all of that portion of the Park Addition which lies

2-48     outside said City Limits.

2-49           SECTION 4.  FINDING OF BENEFIT.  All of the land and other

2-50     property included within the boundaries of the district will be

2-51     benefited by the works and projects that are to be accomplished by

2-52     the district under powers conferred by Section 59, Article XVI,

2-53     Texas Constitution.  The district is created to serve a public use

2-54     and benefit.

2-55           SECTION 5.  POWERS.  (a)  The district has all of the rights,

2-56     powers, privileges, authority, functions, and duties provided by

2-57     the general law of this state, including Chapters 36 and 49, Water

2-58     Code, applicable to groundwater conservation districts created

2-59     under Section 59, Article XVI, Texas Constitution.  This Act

2-60     prevails over any provision of general law that is in conflict or

2-61     inconsistent with this Act.

2-62           (b)  The rights, powers, privileges, authority, functions,

2-63     and duties of the district are subject to the continuing right of

2-64     supervision of the state to be exercised by and through the Texas

2-65     Natural Resource Conservation Commission.

2-66           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is

2-67     governed by a board of five directors.

2-68           (b)  Temporary directors serve until initial directors are

2-69     elected under Section 8 of this Act.

 3-1           (c)  Initial directors serve until permanent directors are

 3-2     elected under Section 9 of this Act.

 3-3           (d)  Permanent directors serve staggered four-year terms.

 3-4           (e)  Each director must qualify to serve as director in the

 3-5     manner provided by Section 36.055, Water Code.

 3-6           (f)  A director serves until the director's successor has

 3-7     qualified.

 3-8           SECTION 7.  TEMPORARY DIRECTORS.  (a)  The temporary board of

 3-9     directors is composed of:

3-10                 (1)  Bobby Nedbalek;

3-11                 (2)  James Ray Adams;

3-12                 (3)  Fernando Hernandez;

3-13                 (4)  Troy Floerke; and

3-14                 (5)  Erich P. Schneider.

3-15           (b)  If a temporary director fails to qualify for office, the

3-16     temporary directors who have qualified shall appoint a person to

3-17     fill the vacancy.  If at any time there are fewer than three

3-18     qualified temporary directors, the Texas Natural Resource

3-19     Conservation Commission shall appoint the necessary number of

3-20     persons to fill all vacancies on the board.

3-21           SECTION 8.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

3-22     (a)  The temporary board of directors shall call and hold an

3-23     election to confirm establishment of the district and to elect five

3-24     initial directors.

3-25           (b)  At the confirmation and initial directors' election, the

3-26     temporary board of directors shall have placed on the ballot the

3-27     names of the persons serving as temporary directors who intend to

3-28     run for an initial director's office together with the name of any

3-29     candidate filing for an initial director's office and blank spaces

3-30     to write in the names of other persons.  If the district is created

3-31     at the election, the temporary board of directors, at the time the

3-32     vote is canvassed, shall declare the five qualified persons who

3-33     receive the most votes to be elected as the initial directors and

3-34     shall include the results of the initial directors' election in the

3-35     district's election report to the Texas Natural Resource

3-36     Conservation Commission.

3-37           (c)  Section 41.001(a), Election Code, does not apply to a

3-38     confirmation and initial directors' election held as provided by

3-39     this section.

3-40           (d)  Except as provided by this section, a confirmation and

3-41     initial directors' election must be conducted as provided by

3-42     Sections 36.017(b)-(h), Water Code, and the Election Code.

3-43           SECTION 9.  ELECTION OF DIRECTORS.  (a)  On the first

3-44     Saturday in October of the second year after the year in which the

3-45     district is authorized to be created at a confirmation election, an

3-46     election shall be held in the district for the election of two

3-47     directors, each of whom shall serve a two-year term, and three

3-48     directors, each of whom shall serve a four-year term.

3-49           (b)  On the first Saturday in October of each subsequent

3-50     second year following the election, the appropriate number of

3-51     directors shall be elected to the board.

3-52           SECTION 10.  LIMITATION ON TAXATION.  The district may not

3-53     impose an ad valorem tax at a rate that exceeds five cents on the

3-54     $100 valuation of taxable property in the district.

3-55           SECTION  11.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.

3-56     (a)  The proper and legal notice of the intention to introduce this

3-57     Act, setting forth the general substance of this Act, has been

3-58     published as provided by law, and the notice and a copy of this Act

3-59     have been furnished to all persons, agencies, officials, or

3-60     entities to which they are required to be furnished by the

3-61     constitution and other laws of this state, including the governor,

3-62     who has submitted the notice and Act to the Texas Natural Resource

3-63     Conservation Commission.

3-64           (b)  The Texas Natural Resource Conservation Commission has

3-65     filed its recommendations relating to this Act with the governor,

3-66     lieutenant governor, and speaker of the house of representatives

3-67     within the required time.

3-68           (c)  All requirements of the constitution and laws of this

3-69     state and the rules and procedures of the legislature with respect

 4-1     to the notice, introduction, and passage of this Act are fulfilled

 4-2     and accomplished.

 4-3           SECTION 12.  EMERGENCY.  The importance of this legislation

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

 4-5     emergency and an imperative public necessity that the

 4-6     constitutional rule requiring bills to be read on three several

 4-7     days in each house be suspended, and this rule is hereby suspended,

 4-8     and that this Act take effect and be in force from and after its

 4-9     passage, and it is so enacted.

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