AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 operation, and financing of the Bee Groundwater Conservation
1-3 District; authorizing the issuance of bonds and the imposition of
1-4 taxes; granting the power of eminent domain.
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 Bee Groundwater Conservation District,
1-8 is created in Bee County, subject to approval at a confirmation
1-9 election under Section 9 of this Act. The district is a
1-10 governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Bee Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Bee County, except for:
1-18 (1) the area in the municipal boundaries of the city
1-19 of Beeville as the boundaries existed on January 1, 1997;
1-20 (2) the area in the boundaries of the Pettus Municipal
1-21 Utility District as the boundaries existed on January 1, 1997; and
1-22 (3) the Tynan Water Corporation's service area on
1-23 January 1, 1997.
2-1 SECTION 4. FINDING OF BENEFIT. All of the land and other
2-2 property included within the boundaries of the district will be
2-3 benefited by the works and projects that are to be accomplished by
2-4 the district under powers conferred by Section 59, Article XVI,
2-5 Texas Constitution. The district is created to serve a public use
2-6 and benefit.
2-7 SECTION 5. POWERS. (a) The district has all of the rights,
2-8 powers, privileges, authority, functions, and duties provided by
2-9 the general law of this state, including Chapters 36 and 49, Water
2-10 Code, applicable to groundwater conservation districts created
2-11 under Section 59, Article XVI, Texas Constitution. This Act
2-12 prevails over any provision of general law that is in conflict or
2-13 inconsistent with this Act.
2-14 (b) The rights, powers, privileges, authority, functions,
2-15 and duties of the district are subject to the continuing right of
2-16 supervision of the state to be exercised by and through the Texas
2-17 Natural Resource Conservation Commission.
2-18 (c) Notwithstanding Subsection (a) of this section, the
2-19 following provisions prevail over a conflicting or inconsistent
2-20 provision in this Act:
2-21 (1) Sections 36.107-36.108, Water Code;
2-22 (2) Sections 36.159-36.161, Water Code; and
2-23 (3) Subchapter I, Chapter 36, Water Code.
2-24 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-25 governed by a board of seven directors.
3-1 (b) Temporary directors serve until initial directors are
3-2 elected under Section 9 of this Act.
3-3 (c) Initial directors serve until permanent directors are
3-4 elected under Section 10 of this Act.
3-5 (d) Permanent directors serve staggered four-year terms.
3-6 (e) Each director must qualify to serve as director in the
3-7 manner provided by Section 36.055, Water Code.
3-8 (f) A person is not eligible to serve as an initial or
3-9 permanent director unless the person:
3-10 (1) does not hold another public office; and
3-11 (2) owns land in the district.
3-12 (g) A director serves until the director's successor has
3-13 qualified.
3-14 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
3-15 directors is composed of:
3-16 (1) Floyd Wolff;
3-17 (2) William Gayle III;
3-18 (3) Bob Awalt;
3-19 (4) Ellis McKinney;
3-20 (5) Mark Sugarek;
3-21 (6) Tryne Mengers; and
3-22 (7) David Baker.
3-23 (b) If a temporary director fails to qualify for office, the
3-24 temporary directors who have qualified shall appoint a person to
3-25 fill the vacancy. If at any time there are fewer than four
4-1 qualified temporary directors, the Texas Natural Resource
4-2 Conservation Commission shall appoint the necessary number of
4-3 persons to fill all vacancies on the board.
4-4 SECTION 8. SINGLE-MEMBER DISTRICTS. (a) The temporary
4-5 directors shall draw seven numbered single-member districts for
4-6 electing directors. The initial or permanent directors may revise
4-7 the districts as necessary or appropriate.
4-8 (b) For the conduct of an election under Section 9 or 10 of
4-9 this Act, the board shall provide for one director to be elected
4-10 from each of the single-member districts. A director elected from
4-11 a single-member district represents the residents of that
4-12 single-member district.
4-13 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-14 (a) The temporary board of directors shall call and hold an
4-15 election to confirm establishment of the district and to elect
4-16 initial directors.
4-17 (b) At the confirmation and initial directors' election, the
4-18 temporary board of directors shall have placed on the ballot the
4-19 names of the persons serving as temporary directors who intend to
4-20 run for an initial director's position together with the name of
4-21 any candidate filing for an initial director's position and blank
4-22 spaces to write in the names of other persons.
4-23 (c) If the district is created at the election, the
4-24 temporary board of directors, at the time the vote is canvassed,
4-25 shall:
5-1 (1) declare the qualified person who receives the most
5-2 votes for each position to be elected as the initial director for
5-3 that position; and
5-4 (2) include the results of the initial directors'
5-5 election in the district's election report to the Texas Natural
5-6 Resource Conservation Commission.
5-7 (d) Subsection (a), Section 41.001, Election Code, does not
5-8 apply to a confirmation and initial directors' election held as
5-9 provided by this section.
5-10 (e) Except as provided by this section, a confirmation and
5-11 initial directors' election must be conducted as provided by
5-12 Subsections (b) through (h), Section 36.017, Water Code, and the
5-13 Election Code.
5-14 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
5-15 Saturday in October of the second year after the year in which the
5-16 district is authorized to be created at a confirmation election, an
5-17 election shall be held in the district for the election of four
5-18 directors, each of whom shall serve a two-year term, and three
5-19 directors, each of whom shall serve a four-year term.
5-20 (b) On the first Saturday in October of each subsequent
5-21 second year following the election, the appropriate number of
5-22 directors shall be elected to the board.
5-23 SECTION 11. LIMITATION ON TAXATION. The district may not
5-24 impose an ad valorem tax at a rate that exceeds five cents on the
5-25 $100 valuation of taxable property in the district.
6-1 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-2 (a) The proper and legal notice of the intention to introduce this
6-3 Act, setting forth the general substance of this Act, has been
6-4 published as provided by law, and the notice and a copy of this Act
6-5 have been furnished to all persons, agencies, officials, or
6-6 entities to which they are required to be furnished by the
6-7 constitution and other laws of this state, including the governor,
6-8 who has submitted the notice and Act to the Texas Natural Resource
6-9 Conservation Commission.
6-10 (b) The Texas Natural Resource Conservation Commission has
6-11 filed its recommendations relating to this Act with the governor,
6-12 lieutenant governor, and speaker of the house of representatives
6-13 within the required time.
6-14 (c) All requirements of the constitution and laws of this
6-15 state and the rules and procedures of the legislature with respect
6-16 to the notice, introduction, and passage of this Act are fulfilled
6-17 and accomplished.
6-18 SECTION 13. EMERGENCY. The importance of this legislation
6-19 and the crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended,
6-23 and that this Act take effect and be in force from and after its
6-24 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 16 passed the Senate on
May 5, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 16 passed the House on
May 21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor