By Zaffirini S.B. No. 16
75R6312 JJT-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 Bee Groundwater Conservation
1-4 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 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.
1-24 SECTION 4. FINDING OF BENEFIT. All of the land and other
2-1 property included within the boundaries of the district will be
2-2 benefited by the works and projects that are to be accomplished by
2-3 the district under powers conferred by Section 59, Article XVI,
2-4 Texas Constitution. The district is created to serve a public use
2-5 and benefit.
2-6 SECTION 5. POWERS. (a) The district has all of the rights,
2-7 powers, privileges, authority, functions, and duties provided by
2-8 the general law of this state, including Chapters 36 and 49, Water
2-9 Code, applicable to groundwater conservation districts created
2-10 under Section 59, Article XVI, Texas Constitution. This Act
2-11 prevails over any provision of general law that is in conflict or
2-12 inconsistent with this Act.
2-13 (b) The rights, powers, privileges, authority, functions,
2-14 and duties of the district are subject to the continuing right of
2-15 supervision of the state to be exercised by and through the Texas
2-16 Natural Resource Conservation Commission.
2-17 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-18 governed by a board of seven directors.
2-19 (b) Temporary directors serve until initial directors are
2-20 elected under Section 9 of this Act.
2-21 (c) Initial directors serve until permanent directors are
2-22 elected under Section 10 of this Act.
2-23 (d) Permanent directors serve staggered four-year terms.
2-24 (e) Each director must qualify to serve as director in the
2-25 manner provided by Section 36.055, Water Code.
2-26 (f) A person is not eligible to serve as an initial or
2-27 permanent director unless the person:
3-1 (1) does not hold another public office; and
3-2 (2) owns land in the district.
3-3 (g) A director serves until the director's successor has
3-4 qualified.
3-5 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
3-6 directors is composed of:
3-7 (1) Floyd Wolff;
3-8 (2) William Gayle III;
3-9 (3) Bob Awalt;
3-10 (4) Ellis McKinney;
3-11 (5) Mark Sugarek;
3-12 (6) Tryne Mengers; and
3-13 (7) David Baker.
3-14 (b) If a temporary director fails to qualify for office, the
3-15 temporary directors who have qualified shall appoint a person to
3-16 fill the vacancy. If at any time there are fewer than four
3-17 qualified temporary directors, the Texas Natural Resource
3-18 Conservation Commission shall appoint the necessary number of
3-19 persons to fill all vacancies on the board.
3-20 SECTION 8. SINGLE-MEMBER DISTRICTS. (a) The temporary
3-21 directors shall draw seven numbered single-member districts for
3-22 electing directors. The initial or permanent directors may revise
3-23 the districts as necessary or appropriate.
3-24 (b) For the conduct of an election under Section 9 or 10 of
3-25 this Act, the board shall provide for one director to be elected
3-26 from each of the single-member districts. A director elected from
3-27 a single-member district represents the residents of that
4-1 single-member district.
4-2 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-3 (a) The temporary board of directors shall call and hold an
4-4 election to confirm establishment of the district and to elect
4-5 initial directors.
4-6 (b) At the confirmation and initial directors' election, the
4-7 temporary board of directors shall have placed on the ballot the
4-8 names of the persons serving as temporary directors who intend to
4-9 run for an initial director's position together with the name of
4-10 any candidate filing for an initial director's position and blank
4-11 spaces to write in the names of other persons.
4-12 (c) If the district is created at the election, the
4-13 temporary board of directors, at the time the vote is canvassed,
4-14 shall:
4-15 (1) declare the qualified person who receives the most
4-16 votes for each position to be elected as the initial director for
4-17 that position; and
4-18 (2) include the results of the initial directors'
4-19 election in the district's election report to the Texas Natural
4-20 Resource Conservation Commission.
4-21 (d) Section 41.001(a), Election Code, does not apply to a
4-22 confirmation and initial directors' election held as provided by
4-23 this section.
4-24 (e) Except as provided by this section, a confirmation and
4-25 initial directors' election must be conducted as provided by
4-26 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-27 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
5-1 Saturday in October of the second year after the year in which the
5-2 district is authorized to be created at a confirmation election, an
5-3 election shall be held in the district for the election of four
5-4 directors, each of whom shall serve a two-year term, and three
5-5 directors, each of whom shall serve a four-year term.
5-6 (b) On the first Saturday in October of each subsequent
5-7 second year following the election, the appropriate number of
5-8 directors shall be elected to the board.
5-9 SECTION 11. LIMITATION ON TAXATION. The district may not
5-10 impose an ad valorem tax at a rate that exceeds five cents on the
5-11 $100 valuation of taxable property in the district.
5-12 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
5-13 (a) The proper and legal notice of the intention to introduce this
5-14 Act, setting forth the general substance of this Act, has been
5-15 published as provided by law, and the notice and a copy of this Act
5-16 have been furnished to all persons, agencies, officials, or
5-17 entities to which they are required to be furnished by the
5-18 constitution and other laws of this state, including the governor,
5-19 who has submitted the notice and Act to the Texas Natural Resource
5-20 Conservation Commission.
5-21 (b) The Texas Natural Resource Conservation Commission has
5-22 filed its recommendations relating to this Act with the governor,
5-23 lieutenant governor, and speaker of the house of representatives
5-24 within the required time.
5-25 (c) All requirements of the constitution and laws of this
5-26 state and the rules and procedures of the legislature with respect
5-27 to the notice, introduction, and passage of this Act are fulfilled
6-1 and accomplished.
6-2 SECTION 13. EMERGENCY. The importance of this legislation
6-3 and the crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended,
6-7 and that this Act take effect and be in force from and after its
6-8 passage, and it is so enacted.