75R15916 JJT-D By Wentworth, et al. S.B. No. 1582 Substitute the following for S.B. No. 1582: By Counts C.S.S.B. No. 1582 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 Guadalupe County Groundwater 1-4 Conservation 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 Guadalupe County Groundwater 1-8 Conservation District, is created in Guadalupe County, subject to 1-9 approval at a confirmation election under Section 8 of this Act. 1-10 The district is a governmental agency and a body politic and 1-11 corporate. 1-12 (b) The district is created under and is essential to 1-13 accomplish the purposes of Section 59, Article XVI, Texas 1-14 Constitution. 1-15 SECTION 2. DEFINITION. In this Act, "district" means the 1-16 Guadalupe County Groundwater Conservation District. 1-17 SECTION 3. BOUNDARIES. The boundaries of the district are 1-18 coextensive with the boundaries of Guadalupe County. 1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-20 property included within the boundaries of the district will be 1-21 benefited by the works and projects that are to be accomplished by 1-22 the district under powers conferred by Section 59, Article XVI, 1-23 Texas Constitution. The district is created to serve a public use 1-24 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 2-26 directors serve staggered four-year terms. 2-27 (e) Each director must qualify to serve as director in the 3-1 manner provided by Section 36.055, Water Code. 3-2 (f) A director serves until the director's successor has 3-3 qualified. 3-4 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 3-5 directors is composed of: 3-6 (1) Jess Hoermann; 3-7 (2) Ronald Naumann; 3-8 (3) Gus Person; 3-9 (4) Edward Springs; and 3-10 (5) James (Tuddy) Dietz. 3-11 (b) If a temporary director fails to qualify for office, the 3-12 temporary directors who have qualified shall appoint a person to 3-13 fill the vacancy. If at any time there are fewer than three 3-14 qualified temporary directors, the Texas Natural Resource 3-15 Conservation Commission shall appoint the necessary number of 3-16 persons to fill all vacancies on the board. 3-17 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 3-18 (a) The temporary board of directors shall call and hold an 3-19 election to confirm establishment of the district and to elect five 3-20 initial directors. 3-21 (b) At the confirmation and initial directors' election, the 3-22 temporary board of directors shall have the names of the five 3-23 persons serving as temporary directors placed on the ballot 3-24 together with the name of any candidate filing for the office of 3-25 director and blank spaces to write in the names of other persons. 3-26 If the district is created at the election, the temporary 3-27 directors, at the time the vote is canvassed, shall declare the 4-1 five persons who receive the most votes to be elected as the 4-2 initial directors and shall include the results of the directors' 4-3 election in the district's election report to the Texas Natural 4-4 Resource Conservation Commission. 4-5 (c) Subsection (a), Section 41.001, Election Code, does not 4-6 apply to a confirmation and initial directors' election held as 4-7 provided by this section. 4-8 (d) Except as provided by this section, a confirmation and 4-9 initial directors' election must be conducted as provided by 4-10 Subsections (b) through (h), Section 36.017, Water Code, and the 4-11 Election Code. 4-12 SECTION 9. ELECTION OF DIRECTORS. (a) On the first 4-13 Saturday in May of the second year after the year in which the 4-14 district is authorized to be created at a confirmation election, an 4-15 election shall be held in the district for the election of two 4-16 directors, each of whom shall serve a two-year term, and three 4-17 directors, each of whom shall serve a four-year term. 4-18 (b) On the first Saturday in May of each subsequent second 4-19 year following the election, the appropriate number of directors 4-20 shall be elected to the board. 4-21 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 4-22 (a) The proper and legal notice of the intention to introduce this 4-23 Act, setting forth the general substance of this Act, has been 4-24 published as provided by law, and the notice and a copy of this Act 4-25 have been furnished to all persons, agencies, officials, or 4-26 entities to which they are required to be furnished by the 4-27 constitution and other laws of this state, including the governor, 5-1 who has submitted the notice and Act to the Texas Natural Resource 5-2 Conservation Commission. 5-3 (b) The Texas Natural Resource Conservation Commission has 5-4 filed its recommendations relating to this Act with the governor, 5-5 lieutenant governor, and speaker of the house of representatives 5-6 within the required time. 5-7 (c) All requirements of the constitution and laws of this 5-8 state and the rules and procedures of the legislature with respect 5-9 to the notice, introduction, and passage of this Act are fulfilled 5-10 and accomplished. 5-11 SECTION 11. EMERGENCY. The importance of this legislation 5-12 and the crowded condition of the calendars in both houses create an 5-13 emergency and an imperative public necessity that the 5-14 constitutional rule requiring bills to be read on three several 5-15 days in each house be suspended, and this rule is hereby suspended, 5-16 and that this Act take effect and be in force from and after its 5-17 passage, and it is so enacted.