1-1     By:  King, Raymond (Senate Sponsor - Zaffirini)       H.B. No. 3602

 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. 3602 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 Wintergarden 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 Wintergarden Groundwater Conservation

1-24     District, is created in Zavala, Dimmit, and La Salle counties,

1-25     subject to approval at a confirmation election under Section 8 of

1-26     this Act.  The district is a governmental agency and a body politic

1-27     and corporate.

1-28           (b)  The district is created under and is essential to

1-29     accomplish the purposes of Section 59, Article XVI, Texas

1-30     Constitution.

1-31           SECTION 2.  DEFINITION.  In this Act, "district" means  the

1-32     Wintergarden Groundwater Conservation District.

1-33           SECTION 3.  BOUNDARIES.  The boundaries of the district are

1-34     coextensive with the boundaries of Zavala, Dimmit, and La Salle

1-35     counties.

1-36           SECTION 4.  FINDING OF BENEFIT.  All of the land and other

1-37     property included within the boundaries of the district will be

1-38     benefited by the works and projects that are to be accomplished by

1-39     the district under powers conferred by Section 59, Article XVI,

1-40     Texas Constitution.  The district is created to serve a public use

1-41     and benefit.

1-42           SECTION 5.  POWERS.  (a)  The district has all of the rights,

1-43     powers, privileges, authority, functions, and duties provided by

1-44     the general law of this state, including Chapters 36 and 49, Water

1-45     Code, applicable to groundwater conservation districts created

1-46     under Section 59, Article XVI, Texas Constitution.  This Act

1-47     prevails over any provision of general law that is in conflict or

1-48     inconsistent with this Act.

1-49           (b)  The rights, powers, privileges, authority, functions,

1-50     and duties of the district are subject to the continuing right of

1-51     supervision of the state to be exercised by and through the Texas

1-52     Natural Resource Conservation Commission.

1-53           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is

1-54     governed by a board of seven directors.

1-55           (b)  Temporary directors serve until initial permanent

1-56     directors are elected under Section 8 of this Act.

1-57           (c)  Initial permanent directors serve until permanent

1-58     directors are elected under Section 9 of this Act.

1-59           (d)  Permanent directors other than initial permanent

1-60     directors serve staggered four-year terms.

1-61           (e)  Each director must qualify to serve as director in the

1-62     manner provided by Section 36.055, Water Code.

1-63           (f)  A director serves until the director's successor has

1-64     qualified.

 2-1           SECTION 7.  TEMPORARY DIRECTORS.  (a)  The temporary board of

 2-2     directors is composed of:

 2-3                 (1)  Jay Myers, director at large;

 2-4                 (2)  Cleo Bustamante, Jr.;

 2-5                 (3)  John Petry;

 2-6                 (4)  Alfredo Zamora;

 2-7                 (5)  Robert Hart;

 2-8                 (6)  Ana Maria Farias; and

 2-9                 (7)  James Camilo Flanagan.

2-10           (b)  If a temporary director fails to qualify for office, the

2-11     temporary directors who have qualified shall appoint a person to

2-12     fill the vacancy.  If at any time there are fewer than four

2-13     qualified temporary directors, the Texas Natural Resource

2-14     Conservation Commission shall appoint the necessary number of

2-15     persons to fill all vacancies on the board.

2-16           SECTION 8.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

2-17     (a)  The temporary board of directors shall call and hold an

2-18     election to confirm establishment of the district and to elect two

2-19     initial directors from each county in the district and one initial

2-20     director at large from the district.

2-21           (b)  At the confirmation and initial directors' election, the

2-22     temporary board of directors shall provide for a ballot that

2-23     permits voting for or against confirmation of the district and that

2-24     permits qualified voters in each county to vote for two initial

2-25     directors to represent the county and one initial director at

2-26     large.  The temporary board shall have the names of the persons

2-27     serving as temporary directors placed on the ballot together with

2-28     the name of any candidate filing for the office of director and

2-29     blank spaces to write in the names of other persons.  If the

2-30     district is confirmed at the election, the temporary directors, at

2-31     the time the vote is canvassed, shall declare the person who

2-32     received the most votes for director at large and the two persons

2-33     in each county who received the most votes in the county for a

2-34     position other than director at large to be elected as the initial

2-35     directors.  The temporary directors shall include the results of

2-36     the directors' election in the district's election report to the

2-37     Texas Natural Resource Conservation Commission.

2-38           (c)  An initial director elected from a county must reside in

2-39     the county represented by the initial director.  An initial

2-40     director elected at large from the district must reside in the

2-41     district.

2-42           (d)  Section 41.001(a), Election Code, does not apply to a

2-43     confirmation and initial directors' election held as provided by

2-44     this section.

2-45           (e)  Except as provided by this section, a confirmation and

2-46     initial directors' election must be conducted as provided by

2-47     Sections 36.017(b)-(h), Water Code, and the Election Code.

2-48           SECTION 9.  ELECTION OF DIRECTORS.  (a)  On the first

2-49     Saturday in May of the second year after the year in which the

2-50     district is authorized to be created at a confirmation election, an

2-51     election shall be held in the district for the election of two

2-52     directors from each county in the district and one director at

2-53     large from the district.  Three directors elected under this

2-54     subsection shall each serve a two-year term, and four directors

2-55     elected under this subsection shall each serve a four-year term.

2-56           (b)  A director elected from a county must reside in the

2-57     county represented by the director.  A director elected at large

2-58     from the district must reside in the district.

2-59           (c)  On the first Saturday in May of each subsequent second

2-60     year following the election, the appropriate number of directors

2-61     shall be elected to the board.

2-62           SECTION 10.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.

2-63     (a)  The proper and legal notice of the intention to introduce this

2-64     Act, setting forth the general substance of this Act, has been

2-65     published as provided by law, and the notice and a copy of this Act

2-66     have been furnished to all persons, agencies, officials, or

2-67     entities to which they are required to be furnished by the

2-68     constitution and other laws of this state, including the governor,

2-69     who has submitted the notice and Act to the Texas Natural Resource

 3-1     Conservation Commission.

 3-2           (b)  The Texas Natural Resource Conservation Commission has

 3-3     filed its recommendations relating to this Act with the governor,

 3-4     lieutenant governor, and speaker of the house of representatives

 3-5     within the required time.

 3-6           (c)  All requirements of the constitution and laws of this

 3-7     state and the rules and procedures of the legislature with respect

 3-8     to the notice, introduction, and passage of this Act are fulfilled

 3-9     and accomplished.

3-10           SECTION 11.  EMERGENCY.  The importance of this legislation

3-11     and the crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended,

3-15     and that this Act take effect and be in force from and after its

3-16     passage, and it is so enacted.

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