1-1     By:  Wentworth, Zaffirini, Armbrister                 S.B. No. 1582

 1-2           (In the Senate - Filed March 14, 1997; March 24, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 10, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 10, Nays 0; April 10, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Brown

 1-7     Amend S.B. No. 1582 in Section 5 of the bill, by adding a new

 1-8     Subsection (c) to read as follows:

 1-9           "(c)  Notwithstanding Subsection (a) of this section, the

1-10     following provisions prevail over a conflicting or inconsistent

1-11     provision in this Act:

1-12                 (1)  Sections 36.107 and 36.108, Water Code;

1-13                 (2)  Sections 36.159, 36.160, and 36.161, Water Code;

1-14     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 Guadalupe County Groundwater

1-20     Conservation District.

1-21           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-22           SECTION 1.  CREATION.  (a)  A groundwater conservation

1-23     district, to be known as the Guadalupe County Groundwater

1-24     Conservation District, is created in Guadalupe County, subject to

1-25     approval at a confirmation election under Section 8 of this Act.

1-26     The district is a governmental agency and a body politic and

1-27     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     Guadalupe County Groundwater Conservation District.

1-33           SECTION 3.  BOUNDARIES.  The boundaries of the district are

1-34     coextensive with the boundaries of Guadalupe County.

1-35           SECTION 4.  FINDING OF BENEFIT.  All of the land and other

1-36     property included within the boundaries of the district will be

1-37     benefited by the works and projects that are to be accomplished by

1-38     the district under powers conferred by Section 59, Article XVI,

1-39     Texas Constitution.  The district is created to serve a public use

1-40     and benefit.

1-41           SECTION 5.  POWERS.  (a)  The district has all of the rights,

1-42     powers, privileges, authority, functions, and duties provided by

1-43     the general law of this state, including Chapters 36 and 49, Water

1-44     Code, applicable to groundwater conservation districts created

1-45     under Section 59, Article XVI, Texas Constitution.  This Act

1-46     prevails over any provision of general law that is in conflict or

1-47     inconsistent with this Act.

1-48           (b)  The rights, powers, privileges, authority, functions,

1-49     and duties of the district are subject to the continuing right of

1-50     supervision of the state to be exercised by and through the Texas

1-51     Natural Resource Conservation Commission.

1-52           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is

1-53     governed by a board of five directors.

1-54           (b)  Temporary directors serve until initial permanent

1-55     directors are elected under Section 8 of this Act.

1-56           (c)  Initial permanent directors serve until permanent

1-57     directors are elected under Section 9 of this Act.

1-58           (d)  Permanent directors other than initial permanent

1-59     directors serve staggered four-year terms.

1-60           (e)  Each director must qualify to serve as director in the

1-61     manner provided by Section 36.055, Water Code.

1-62           (f)  A director serves until the director's successor has

1-63     qualified.

1-64           SECTION 7.  TEMPORARY DIRECTORS.  (a)  The temporary board of

 2-1     directors is composed of:

 2-2                 (1)  Jess Hoermann;

 2-3                 (2)  Ronald Naumann;

 2-4                 (3)  Gus Person;

 2-5                 (4)  Edward Springs; and

 2-6                 (5)  James (Tuddy) Dietz.

 2-7           (b)  If a temporary director fails to qualify for office, the

 2-8     temporary directors who have qualified shall appoint a person to

 2-9     fill the vacancy.  If at any time there are fewer than three

2-10     qualified temporary directors, the Texas Natural Resource

2-11     Conservation Commission shall appoint the necessary number of

2-12     persons to fill all vacancies on the board.

2-13           SECTION 8.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

2-14     (a)  The temporary board of directors shall call and hold an

2-15     election to confirm establishment of the district and to elect five

2-16     initial directors.

2-17           (b)  At the confirmation and initial directors' election, the

2-18     temporary board of directors shall have the names of the five

2-19     persons serving as temporary directors placed on the ballot

2-20     together with the name of any candidate filing for the office of

2-21     director and blank spaces to write in the names of other persons.

2-22     If the district is created at the election, the temporary

2-23     directors, at the time the vote is canvassed, shall declare the

2-24     five persons who receive the most votes to be elected as the

2-25     initial directors and shall include the results of the directors'

2-26     election in the district's election report to the Texas Natural

2-27     Resource Conservation Commission.

2-28           (c)  Subsection (a), Section 41.001, Election Code, does not

2-29     apply to a confirmation and initial directors' election held as

2-30     provided by this section.

2-31           (d)  Except as provided by this section, a confirmation and

2-32     initial directors' election must be conducted as provided by

2-33     Subsections (b) through (h), Section 36.017, Water Code, and the

2-34     Election Code.

2-35           SECTION 9.  ELECTION OF DIRECTORS.  (a)  On the first

2-36     Saturday in May of the second year after the year in which the

2-37     district is authorized to be created at a confirmation election, an

2-38     election shall be held in the district for the election of two

2-39     directors, each of whom shall serve a two-year term, and three

2-40     directors, each of whom shall serve a four-year term.

2-41           (b)  On the first Saturday in May of each subsequent second

2-42     year following the election, the appropriate number of directors

2-43     shall be elected to the board.

2-44           SECTION 10.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.

2-45     (a)  The proper and legal notice of the intention to introduce this

2-46     Act, setting forth the general substance of this Act, has been

2-47     published as provided by law, and the notice and a copy of this Act

2-48     have been furnished to all persons, agencies, officials, or

2-49     entities to which they are required to be furnished by the

2-50     constitution and other laws of this state, including the governor,

2-51     who has submitted the notice and Act to the Texas Natural Resource

2-52     Conservation Commission.

2-53           (b)  The Texas Natural Resource Conservation Commission has

2-54     filed its recommendations relating to this Act with the governor,

2-55     lieutenant governor, and speaker of the house of representatives

2-56     within the required time.

2-57           (c)  All requirements of the constitution and laws of this

2-58     state and the rules and procedures of the legislature with respect

2-59     to the notice, introduction, and passage of this Act are fulfilled

2-60     and accomplished.

2-61           SECTION 11.  EMERGENCY.  The importance of this legislation

2-62     and the crowded condition of the calendars in both houses create an

2-63     emergency and an imperative public necessity that the

2-64     constitutional rule requiring bills to be read on three several

2-65     days in each house be suspended, and this rule is hereby suspended,

2-66     and that this Act take effect and be in force from and after its

2-67     passage, and it is so enacted.

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