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