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                                  * * * * *