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.