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. 4-10 * * * * *