By Wentworth S.B. No. 1582
75R7803 JMC-D
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) The district has all of the rights,
2-2 powers, privileges, authority, functions, and duties provided by
2-3 the general law of this state, including Chapters 36 and 49, Water
2-4 Code, applicable to groundwater conservation districts created
2-5 under Section 59, Article XVI, Texas Constitution. This Act
2-6 prevails over any provision of general law that is in conflict or
2-7 inconsistent with this Act.
2-8 (b) The rights, powers, privileges, authority, functions,
2-9 and duties of the district are subject to the continuing right of
2-10 supervision of the state to be exercised by and through the Texas
2-11 Natural Resource Conservation Commission.
2-12 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-13 governed by a board of five directors.
2-14 (b) Temporary directors serve until initial permanent
2-15 directors are elected under Section 8 of this Act.
2-16 (c) Initial permanent directors serve until permanent
2-17 directors are elected under Section 9 of this Act.
2-18 (d) Permanent directors other than initial permanent
2-19 directors serve staggered four-year terms.
2-20 (e) Each director must qualify to serve as director in the
2-21 manner provided by Section 36.055, Water Code.
2-22 (f) A director serves until the director's successor has
2-23 qualified.
2-24 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
2-25 directors is composed of:
2-26 (1) Jess Hoermann;
2-27 (2) Ronald Naumann;
3-1 (3) Gus Person;
3-2 (4) Edward Springs; and
3-3 (5) James (Tuddy) Dietz.
3-4 (b) If a temporary director fails to qualify for office, the
3-5 temporary directors who have qualified shall appoint a person to
3-6 fill the vacancy. If at any time there are fewer than three
3-7 qualified temporary directors, the Texas Natural Resource
3-8 Conservation Commission shall appoint the necessary number of
3-9 persons to fill all vacancies on the board.
3-10 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
3-11 (a) The temporary board of directors shall call and hold an
3-12 election to confirm establishment of the district and to elect five
3-13 initial directors.
3-14 (b) At the confirmation and initial directors' election, the
3-15 temporary board of directors shall have the names of the five
3-16 persons serving as temporary directors placed on the ballot
3-17 together with the name of any candidate filing for the office of
3-18 director and blank spaces to write in the names of other persons.
3-19 If the district is created at the election, the temporary
3-20 directors, at the time the vote is canvassed, shall declare the
3-21 five persons who receive the most votes to be elected as the
3-22 initial directors and shall include the results of the directors'
3-23 election in the district's election report to the Texas Natural
3-24 Resource Conservation Commission.
3-25 (c) Section 41.001(a), Election Code, does not apply to a
3-26 confirmation and initial directors' election held as provided by
3-27 this section.
4-1 (d) Except as provided by this section, a confirmation and
4-2 initial directors' election must be conducted as provided by
4-3 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-4 SECTION 9. ELECTION OF DIRECTORS. (a) On the first
4-5 Saturday in May of the second year after the year in which the
4-6 district is authorized to be created at a confirmation election, an
4-7 election shall be held in the district for the election of two
4-8 directors, each of whom shall serve a two-year term, and three
4-9 directors, each of whom shall serve a four-year term.
4-10 (b) On the first Saturday in May of each subsequent second
4-11 year following the election, the appropriate number of directors
4-12 shall be elected to the board.
4-13 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
4-14 (a) The proper and legal notice of the intention to introduce this
4-15 Act, setting forth the general substance of this Act, has been
4-16 published as provided by law, and the notice and a copy of this Act
4-17 have been furnished to all persons, agencies, officials, or
4-18 entities to which they are required to be furnished by the
4-19 constitution and other laws of this state, including the governor,
4-20 who has submitted the notice and Act to the Texas Natural Resource
4-21 Conservation Commission.
4-22 (b) The Texas Natural Resource Conservation Commission has
4-23 filed its recommendations relating to this Act with the governor,
4-24 lieutenant governor, and speaker of the house of representatives
4-25 within the required time.
4-26 (c) All requirements of the constitution and laws of this
4-27 state and the rules and procedures of the legislature with respect
5-1 to the notice, introduction, and passage of this Act are fulfilled
5-2 and accomplished.
5-3 SECTION 11. EMERGENCY. The importance of this legislation
5-4 and the crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended,
5-8 and that this Act take effect and be in force from and after its
5-9 passage, and it is so enacted.