AN ACT
1-1 relating to the creation, administration, powers, duties,
1-2 operation, and financing of the Guadalupe County Groundwater
1-3 Conservation District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION. (a) A groundwater conservation
1-6 district, to be known as the Guadalupe County Groundwater
1-7 Conservation District, is created in Guadalupe County, subject to
1-8 approval at a confirmation election under Section 8 of this Act.
1-9 The district is a governmental agency and a body politic and
1-10 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 Guadalupe County Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Guadalupe County.
1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-19 property included within the boundaries of the district will be
1-20 benefited by the works and projects that are to be accomplished by
1-21 the district under powers conferred by Section 59, Article XVI,
1-22 Texas Constitution. The district is created to serve a public use
1-23 and benefit.
2-1 SECTION 5. POWERS. (a) Except as provided by Subsection
2-2 (d) of this section, the district has all of the rights, powers,
2-3 privileges, authority, functions, and duties provided by the
2-4 general law of this state, including Chapters 36 and 49, Water
2-5 Code, applicable to groundwater conservation districts created
2-6 under Section 59, Article XVI, Texas Constitution. This Act
2-7 prevails over any provision of general law that is in conflict or
2-8 inconsistent with this Act.
2-9 (b) The rights, powers, privileges, authority, functions,
2-10 and duties of the district are subject to the continuing right of
2-11 supervision of the state to be exercised by and through the Texas
2-12 Natural Resource Conservation Commission.
2-13 (c) Notwithstanding Subsection (a) of this section, the
2-14 following provisions prevail over a conflicting or inconsistent
2-15 provision in this Act:
2-16 (1) Sections 36.107 and 36.108, Water Code; and
2-17 (2) Subchapter I, Chapter 36, Water Code.
2-18 (d) The district may not impose a tax or fee.
2-19 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-20 governed by a board of five directors.
2-21 (b) Temporary directors serve until initial permanent
2-22 directors are elected under Section 8 of this Act.
2-23 (c) Initial permanent directors serve until permanent
2-24 directors are elected under Section 9 of this Act.
2-25 (d) Permanent directors other than initial permanent
3-1 directors serve staggered four-year terms.
3-2 (e) Each director must qualify to serve as director in the
3-3 manner provided by Section 36.055, Water Code.
3-4 (f) A director serves until the director's successor has
3-5 qualified.
3-6 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
3-7 directors is composed of:
3-8 (1) Jess Hoermann;
3-9 (2) Ronald Naumann;
3-10 (3) Gus Person;
3-11 (4) Edward Springs; and
3-12 (5) James (Tuddy) Dietz.
3-13 (b) If a temporary director fails to qualify for office, the
3-14 temporary directors who have qualified shall appoint a person to
3-15 fill the vacancy. If at any time there are fewer than three
3-16 qualified temporary directors, the Texas Natural Resource
3-17 Conservation Commission shall appoint the necessary number of
3-18 persons to fill all vacancies on the board.
3-19 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
3-20 (a) The temporary board of directors shall call and hold an
3-21 election to confirm establishment of the district and to elect five
3-22 initial directors.
3-23 (b) At the confirmation and initial directors' election, the
3-24 temporary board of directors shall have the names of the five
3-25 persons serving as temporary directors placed on the ballot
4-1 together with the name of any candidate filing for the office of
4-2 director and blank spaces to write in the names of other persons.
4-3 If the district is created at the election, the temporary
4-4 directors, at the time the vote is canvassed, shall declare the
4-5 five persons who receive the most votes to be elected as the
4-6 initial directors and shall include the results of the directors'
4-7 election in the district's election report to the Texas Natural
4-8 Resource Conservation Commission.
4-9 (c) Subsection (a), Section 41.001, Election Code, does not
4-10 apply to a confirmation and initial directors' election held as
4-11 provided by this section.
4-12 (d) Except as provided by this section, a confirmation and
4-13 initial directors' election must be conducted as provided by
4-14 Subsections (b) through (h), Section 36.017, Water Code, and the
4-15 Election Code.
4-16 SECTION 9. ELECTION OF DIRECTORS. (a) On the first
4-17 Saturday in May of the second year after the year in which the
4-18 district is authorized to be created at a confirmation election, an
4-19 election shall be held in the district for the election of two
4-20 directors, each of whom shall serve a two-year term, and three
4-21 directors, each of whom shall serve a four-year term.
4-22 (b) On the first Saturday in May of each subsequent second
4-23 year following the election, the appropriate number of directors
4-24 shall be elected to the board.
4-25 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
5-1 (a) The proper and legal notice of the intention to introduce this
5-2 Act, setting forth the general substance of this Act, has been
5-3 published as provided by law, and the notice and a copy of this Act
5-4 have been furnished to all persons, agencies, officials, or
5-5 entities to which they are required to be furnished by the
5-6 constitution and other laws of this state, including the governor,
5-7 who has submitted the notice and Act to the Texas Natural Resource
5-8 Conservation Commission.
5-9 (b) The Texas Natural Resource Conservation Commission has
5-10 filed its recommendations relating to this Act with the governor,
5-11 lieutenant governor, and speaker of the house of representatives
5-12 within the required time.
5-13 (c) All requirements of the constitution and laws of this
5-14 state and the rules and procedures of the legislature with respect
5-15 to the notice, introduction, and passage of this Act are fulfilled
5-16 and accomplished.
5-17 SECTION 11. EMERGENCY. The importance of this legislation
5-18 and the crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended,
5-22 and that this Act take effect and be in force from and after its
5-23 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1582 passed the Senate on
May 5, 1997, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 29, 1997, by a viva-voce
vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1582 passed the House, with
amendment, on May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor