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. 3-17 * * * * *