By King H.B. No. 3602 75R12027 JMC-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 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 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-14 governed by a board of seven directors. 2-15 (b) Temporary directors serve until initial permanent 2-16 directors are elected under Section 8 of this Act. 2-17 (c) Initial permanent directors serve until permanent 2-18 directors are elected under Section 9 of this Act. 2-19 (d) Permanent directors other than initial permanent 2-20 directors serve staggered four-year terms. 2-21 (e) Each director must qualify to serve as director in the 2-22 manner provided by Section 36.055, Water Code. 2-23 (f) A director serves until the director's successor has 2-24 qualified. 2-25 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 2-26 directors is composed of: 2-27 (1) Jay Myers, director at large; 3-1 (2) Cleo Bustamante; 3-2 (3) John Petry; 3-3 (4) Alfredo Zamora; 3-4 (5) Robert Hart; 3-5 (6) Ana Maria Farias; and 3-6 (7) James Camilo Flanagan. 3-7 (b) If a temporary director fails to qualify for office, the 3-8 temporary directors who have qualified shall appoint a person to 3-9 fill the vacancy. If at any time there are fewer than four 3-10 qualified temporary directors, the Texas Natural Resource 3-11 Conservation Commission shall appoint the necessary number of 3-12 persons to fill all vacancies on the board. 3-13 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 3-14 (a) The temporary board of directors shall call and hold an 3-15 election to confirm establishment of the district and to elect two 3-16 initial directors from each county in the district and one initial 3-17 director at large from the district. 3-18 (b) At the confirmation and initial directors' election, the 3-19 temporary board of directors shall provide for a ballot that 3-20 permits voting for or against confirmation of the district and that 3-21 permits qualified voters in each county to vote for two initial 3-22 directors to represent the county and one initial director at 3-23 large. The temporary board shall have the names of the persons 3-24 serving as temporary directors placed on the ballot together with 3-25 the name of any candidate filing for the office of director and 3-26 blank spaces to write in the names of other persons. If the 3-27 district is confirmed at the election, the temporary directors, at 4-1 the time the vote is canvassed, shall declare the person who 4-2 received the most votes for director at large and the two persons 4-3 in each county who received the most votes in the county for a 4-4 position other than director at large to be elected as the initial 4-5 directors. The temporary directors shall include the results of 4-6 the directors' election in the district's election report to the 4-7 Texas Natural Resource Conservation Commission. 4-8 (c) An initial director elected from a county must reside in 4-9 the county represented by the initial director. An initial 4-10 director elected at large from the district must reside in the 4-11 district. 4-12 (d) Section 41.001(a), Election Code, does not apply to a 4-13 confirmation and initial directors' election held as provided by 4-14 this section. 4-15 (e) Except as provided by this section, a confirmation and 4-16 initial directors' election must be conducted as provided by 4-17 Sections 36.017(b)-(h), Water Code, and the Election Code. 4-18 SECTION 9. ELECTION OF DIRECTORS. (a) On the first 4-19 Saturday in May of the second year after the year in which the 4-20 district is authorized to be created at a confirmation election, an 4-21 election shall be held in the district for the election of two 4-22 directors from each county in the district and one director at 4-23 large from the district. Three directors elected under this 4-24 subsection shall each serve a two-year term, and four directors 4-25 elected under this subsection shall each serve a four-year term. 4-26 (b) A director elected from a county must reside in the 4-27 county represented by the director. A director elected at large 5-1 from the district must reside in the district. 5-2 (c) On the first Saturday in May of each subsequent second 5-3 year following the election, the appropriate number of directors 5-4 shall be elected to the board. 5-5 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 5-6 (a) The proper and legal notice of the intention to introduce this 5-7 Act, setting forth the general substance of this Act, has been 5-8 published as provided by law, and the notice and a copy of this Act 5-9 have been furnished to all persons, agencies, officials, or 5-10 entities to which they are required to be furnished by the 5-11 constitution and other laws of this state, including the governor, 5-12 who has submitted the notice and Act to the Texas Natural Resource 5-13 Conservation Commission. 5-14 (b) The Texas Natural Resource Conservation Commission has 5-15 filed its recommendations relating to this Act with the governor, 5-16 lieutenant governor, and speaker of the house of representatives 5-17 within the required time. 5-18 (c) All requirements of the constitution and laws of this 5-19 state and the rules and procedures of the legislature with respect 5-20 to the notice, introduction, and passage of this Act are fulfilled 5-21 and accomplished. 5-22 SECTION 11. EMERGENCY. The importance of this legislation 5-23 and the crowded condition of the calendars in both houses create an 5-24 emergency and an imperative public necessity that the 5-25 constitutional rule requiring bills to be read on three several 5-26 days in each house be suspended, and this rule is hereby suspended, 5-27 and that this Act take effect and be in force from and after its 6-1 passage, and it is so enacted.