1-1                                   AN ACT

 1-2     relating to the creation, administration, powers, duties,

 1-3     operation, and financing of the Wintergarden 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 Wintergarden Groundwater Conservation

 1-8     District, is created in Zavala, Dimmit, and La Salle counties,

 1-9     subject to approval at a confirmation election under Section 8 of

1-10     this Act.  The district is a governmental agency and a body politic

1-11     and corporate.

1-12           (b)  The district is created under and is essential to

1-13     accomplish the purposes of Section 59, Article XVI, Texas

1-14     Constitution.

1-15           SECTION 2.  DEFINITION.  In this Act, "district" means  the

1-16     Wintergarden Groundwater Conservation District.

1-17           SECTION 3.  BOUNDARIES.  The boundaries of the district are

1-18     coextensive with the boundaries of Zavala, Dimmit, and La Salle

1-19     counties.

1-20           SECTION 4.  FINDING OF BENEFIT.  All of the land and other

1-21     property included within the boundaries of the district will be

1-22     benefited by the works and projects that are to be accomplished by

1-23     the district under powers conferred by Section 59, Article XVI,

1-24     Texas Constitution.  The district is created to serve a public use

 2-1     and benefit.

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

 2-3     powers, privileges, authority, functions, and duties provided by

 2-4     the general law of this state, including Chapters 36 and 49, Water

 2-5     Code, applicable to groundwater conservation districts created

 2-6     under Section 59, Article XVI, Texas Constitution.  This Act

 2-7     prevails over any provision of general law that is in conflict or

 2-8     inconsistent with this Act.

 2-9           (b)  The rights, powers, privileges, authority, functions,

2-10     and duties of the district are subject to the continuing right of

2-11     supervision of the state to be exercised by and through the Texas

2-12     Natural Resource Conservation Commission.

2-13           (c)  Notwithstanding Subsection (a) of this section, the

2-14     following provisions prevail over a conflicting or inconsistent

2-15     provision in this Act:

2-16                 (1)  Sections 36.107-36.108, Water Code;

2-17                 (2)  Sections 36.159-36.161, Water Code; and

2-18                 (3)  Subchapter I, Chapter 36, Water Code.

2-19           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is

2-20     governed by a board of seven directors.

2-21           (b)  Temporary directors serve until initial permanent

2-22     directors are elected under Section 8 of this Act.

2-23           (c)  Initial permanent directors serve until permanent

2-24     directors are elected under Section 9 of this Act.

2-25           (d)  Permanent directors other than initial permanent

2-26     directors serve staggered four-year terms.

2-27           (e)  Each director must qualify to serve as director in the

 3-1     manner provided by Section 36.055, Water Code.

 3-2           (f)  A director serves until the director's successor has

 3-3     qualified.

 3-4           SECTION 7.  TEMPORARY DIRECTORS.  (a)  The temporary board of

 3-5     directors is composed of:

 3-6                 (1)  Jay Myers, director at large;

 3-7                 (2)  Cleo Bustamante, Jr.;

 3-8                 (3)  John Petry;

 3-9                 (4)  Alfredo Zamora;

3-10                 (5)  Robert Hart;

3-11                 (6)  Ana Maria Farias; and

3-12                 (7)  James Camilo Flanagan.

3-13           (b)  If a temporary director fails to qualify for office, the

3-14     temporary directors who have qualified shall appoint a person to

3-15     fill the vacancy.  If at any time there are fewer than four

3-16     qualified temporary directors, the Texas Natural Resource

3-17     Conservation Commission shall appoint the necessary number of

3-18     persons to fill all vacancies on the board.

3-19           SECTION 8.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

3-20     (a)  The temporary board of directors shall call and hold an

3-21     election to confirm establishment of the district and to elect two

3-22     initial directors from each county in the district and one initial

3-23     director at large from the district.

3-24           (b)  At the confirmation and initial directors' election, the

3-25     temporary board of directors shall provide for a ballot that

3-26     permits voting for or against confirmation of the district and that

3-27     permits qualified voters in each county to vote for two initial

 4-1     directors to represent the county and one initial director at

 4-2     large.  The temporary board shall have the names of the persons

 4-3     serving as temporary directors placed on the ballot together with

 4-4     the name of any candidate filing for the office of director and

 4-5     blank spaces to write in the names of other persons.  If the

 4-6     district is confirmed at the election, the temporary directors, at

 4-7     the time the vote is canvassed, shall declare the person who

 4-8     received the most votes for director at large and the two persons

 4-9     in each county who received the most votes in the county for a

4-10     position other than director at large to be elected as the initial

4-11     directors.  The temporary directors shall include the results of

4-12     the directors' election in the district's election report to the

4-13     Texas Natural Resource Conservation Commission.

4-14           (c)  An initial director elected from a county must reside in

4-15     the county represented by the initial director.  An initial

4-16     director elected at large from the district must reside in the

4-17     district.

4-18           (d)  Section 41.001(a), Election Code, does not apply to a

4-19     confirmation and initial directors' election held as provided by

4-20     this section.

4-21           (e)  Except as provided by this section, a confirmation and

4-22     initial directors' election must be conducted as provided by

4-23     Sections 36.017(b)-(h), Water Code, and the Election Code.

4-24           SECTION 9.  ELECTION OF DIRECTORS.  (a)  On the first

4-25     Saturday in May of the second year after the year in which the

4-26     district is authorized to be created at a confirmation election, an

4-27     election shall be held in the district for the election of two

 5-1     directors from each county in the district and one director at

 5-2     large from the district.  Three directors elected under this

 5-3     subsection shall each serve a two-year term, and four directors

 5-4     elected under this subsection shall each serve a four-year term.

 5-5           (b)  A director elected from a county must reside in the

 5-6     county represented by the director.  A director elected at large

 5-7     from the district must reside in the district.

 5-8           (c)  On the first Saturday in May of each subsequent second

 5-9     year following the election, the appropriate number of directors

5-10     shall be elected to the board.

5-11           SECTION 10.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.

5-12     (a)  The proper and legal notice of the intention to introduce this

5-13     Act, setting forth the general substance of this Act, has been

5-14     published as provided by law, and the notice and a copy of this Act

5-15     have been furnished to all persons, agencies, officials, or

5-16     entities to which they are required to be furnished by the

5-17     constitution and other laws of this state, including the governor,

5-18     who has submitted the notice and Act to the Texas Natural Resource

5-19     Conservation Commission.

5-20           (b)  The Texas Natural Resource Conservation Commission has

5-21     filed its recommendations relating to this Act with the governor,

5-22     lieutenant governor, and speaker of the house of representatives

5-23     within the required time.

5-24           (c)  All requirements of the constitution and laws of this

5-25     state and the rules and procedures of the legislature with respect

5-26     to the notice, introduction, and passage of this Act are fulfilled

5-27     and accomplished.

 6-1           SECTION 11.  EMERGENCY.  The importance of this legislation

 6-2     and the crowded condition of the calendars in both houses create an

 6-3     emergency and an imperative public necessity that the

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

 6-5     days in each house be suspended, and this rule is hereby suspended,

 6-6     and that this Act take effect and be in force from and after its

 6-7     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 3602 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. 3602 on May 29, 1997, by the

         following vote:  Yeas 138, Nays 0, 1 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 3602 was passed by the Senate, with

         amendments, on May 26, 1997, by the following vote:  Yeas 31, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor