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.