By: Zaffirini S.B. No. 16 A BILL TO BE ENTITLED 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.