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. 2-68 * * * * *