1-1 By: Zaffirini S.B. No. 16 1-2 (In the Senate - Filed April 11, 1997; April 14, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 24, 1997, reported favorably, as amended, by the following 1-5 vote: Yeas 10, Nays 0; April 24, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Barrientos 1-7 Amend S.B. No. 16 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, Chapter 36, 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 Bee Groundwater Conservation 1-20 District; authorizing the issuance of bonds and the imposition of 1-21 taxes; granting the power of eminent domain. 1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-23 SECTION 1. CREATION. (a) A groundwater conservation 1-24 district, to be known as the Bee Groundwater Conservation District, 1-25 is created in Bee County, subject to approval at a confirmation 1-26 election under Section 9 of this Act. The district is a 1-27 governmental agency and a body politic 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 Bee Groundwater Conservation District. 1-33 SECTION 3. BOUNDARIES. The boundaries of the district are 1-34 coextensive with the boundaries of Bee County, except for: 1-35 (1) the area in the municipal boundaries of the city 1-36 of Beeville as the boundaries existed on January 1, 1997; 1-37 (2) the area in the boundaries of the Pettus Municipal 1-38 Utility District as the boundaries existed on January 1, 1997; and 1-39 (3) the Tynan Water Corporation's service area on 1-40 January 1, 1997. 1-41 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-42 property included within the boundaries of the district will be 1-43 benefited by the works and projects that are to be accomplished by 1-44 the district under powers conferred by Section 59, Article XVI, 1-45 Texas Constitution. The district is created to serve a public use 1-46 and benefit. 1-47 SECTION 5. POWERS. (a) The district has all of the rights, 1-48 powers, privileges, authority, functions, and duties provided by 1-49 the general law of this state, including Chapters 36 and 49, Water 1-50 Code, applicable to groundwater conservation districts created 1-51 under Section 59, Article XVI, Texas Constitution. This Act 1-52 prevails over any provision of general law that is in conflict or 1-53 inconsistent with this Act. 1-54 (b) The rights, powers, privileges, authority, functions, 1-55 and duties of the district are subject to the continuing right of 1-56 supervision of the state to be exercised by and through the Texas 1-57 Natural Resource Conservation Commission. 1-58 SECTION 6. BOARD OF DIRECTORS. (a) The district is 1-59 governed by a board of seven directors. 1-60 (b) Temporary directors serve until initial directors are 1-61 elected under Section 9 of this Act. 1-62 (c) Initial directors serve until permanent directors are 1-63 elected under Section 10 of this Act. 1-64 (d) Permanent directors serve staggered four-year terms. 2-1 (e) Each director must qualify to serve as director in the 2-2 manner provided by Section 36.055, Water Code. 2-3 (f) A person is not eligible to serve as an initial or 2-4 permanent director unless the person: 2-5 (1) does not hold another public office; and 2-6 (2) owns land in the district. 2-7 (g) A director serves until the director's successor has 2-8 qualified. 2-9 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 2-10 directors is composed of: 2-11 (1) Floyd Wolff; 2-12 (2) William Gayle III; 2-13 (3) Bob Awalt; 2-14 (4) Ellis McKinney; 2-15 (5) Mark Sugarek; 2-16 (6) Tryne Mengers; and 2-17 (7) David Baker. 2-18 (b) If a temporary director fails to qualify for office, the 2-19 temporary directors who have qualified shall appoint a person to 2-20 fill the vacancy. If at any time there are fewer than four 2-21 qualified temporary directors, the Texas Natural Resource 2-22 Conservation Commission shall appoint the necessary number of 2-23 persons to fill all vacancies on the board. 2-24 SECTION 8. SINGLE-MEMBER DISTRICTS. (a) The temporary 2-25 directors shall draw seven numbered single-member districts for 2-26 electing directors. The initial or permanent directors may revise 2-27 the districts as necessary or appropriate. 2-28 (b) For the conduct of an election under Section 9 or 10 of 2-29 this Act, the board shall provide for one director to be elected 2-30 from each of the single-member districts. A director elected from 2-31 a single-member district represents the residents of that 2-32 single-member district. 2-33 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 2-34 (a) The temporary board of directors shall call and hold an 2-35 election to confirm establishment of the district and to elect 2-36 initial directors. 2-37 (b) At the confirmation and initial directors' election, the 2-38 temporary board of directors shall have placed on the ballot the 2-39 names of the persons serving as temporary directors who intend to 2-40 run for an initial director's position together with the name of 2-41 any candidate filing for an initial director's position and blank 2-42 spaces to write in the names of other persons. 2-43 (c) If the district is created at the election, the 2-44 temporary board of directors, at the time the vote is canvassed, 2-45 shall: 2-46 (1) declare the qualified person who receives the most 2-47 votes for each position to be elected as the initial director for 2-48 that position; and 2-49 (2) include the results of the initial directors' 2-50 election in the district's election report to the Texas Natural 2-51 Resource Conservation Commission. 2-52 (d) Subsection (a), Section 41.001, Election Code, does not 2-53 apply to a confirmation and initial directors' election held as 2-54 provided by this section. 2-55 (e) Except as provided by this section, a confirmation and 2-56 initial directors' election must be conducted as provided by 2-57 Subsections (b) through (h), Section 36.017, Water Code, and the 2-58 Election Code. 2-59 SECTION 10. ELECTION OF DIRECTORS. (a) On the first 2-60 Saturday in October of the second year after the year in which the 2-61 district is authorized to be created at a confirmation election, an 2-62 election shall be held in the district for the election of four 2-63 directors, each of whom shall serve a two-year term, and three 2-64 directors, each of whom shall serve a four-year term. 2-65 (b) On the first Saturday in October of each subsequent 2-66 second year following the election, the appropriate number of 2-67 directors shall be elected to the board. 2-68 SECTION 11. LIMITATION ON TAXATION. The district may not 2-69 impose an ad valorem tax at a rate that exceeds five cents on the 3-1 $100 valuation of taxable property in the district. 3-2 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 3-3 (a) The proper and legal notice of the intention to introduce this 3-4 Act, setting forth the general substance of this Act, has been 3-5 published as provided by law, and the notice and a copy of this Act 3-6 have been furnished to all persons, agencies, officials, or 3-7 entities to which they are required to be furnished by the 3-8 constitution and other laws of this state, including the governor, 3-9 who has submitted the notice and Act to the Texas Natural Resource 3-10 Conservation Commission. 3-11 (b) The Texas Natural Resource Conservation Commission has 3-12 filed its recommendations relating to this Act with the governor, 3-13 lieutenant governor, and speaker of the house of representatives 3-14 within the required time. 3-15 (c) All requirements of the constitution and laws of this 3-16 state and the rules and procedures of the legislature with respect 3-17 to the notice, introduction, and passage of this Act are fulfilled 3-18 and accomplished. 3-19 SECTION 13. EMERGENCY. The importance of this legislation 3-20 and the crowded condition of the calendars in both houses create an 3-21 emergency and an imperative public necessity that the 3-22 constitutional rule requiring bills to be read on three several 3-23 days in each house be suspended, and this rule is hereby suspended, 3-24 and that this Act take effect and be in force from and after its 3-25 passage, and it is so enacted. 3-26 * * * * *