By Hilderbran H.B. No. 847
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 Blanco-Pedernales 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 Blanco-Pedernales Groundwater
1-8 Conservation District, is created in Blanco County, subject to
1-9 approval at a confirmation election under Section 9 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 Blanco-Pedernales Groundwater Conservation District.
1-17 SECTION 3. Boundaries. The boundaries of the district are
1-18 coextensive with the boundaries of Blanco County, Texas.
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. Except as provided by this Act, the
2-2 district has all of the rights, powers, privileges, authority,
2-3 functions, and duties provided by the general law of this state,
2-4 including Chapter 36, Water Code, applicable to groundwater
2-5 conservation districts created under Section 59, Article XVI,
2-6 Texas Constitution. Chapter 49, Water Code, does not apply to the
2-7 district. This Act prevails over any provision of general law that
2-8 is in conflict or inconsistent with this Act.
2-9 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
2-10 district shall be elected according to the commissioners precinct
2-11 method as provided by this Act.
2-12 (b) One director shall be elected by the qualified voters of
2-13 the entire district, and one director shall be elected from each
2-14 county commissioners precinct by the qualified voters of that
2-15 precinct.
2-16 (c) A person shall indicate on the application for a place
2-17 on the ballot the precinct that the person seeks to represent or
2-18 that the person seeks to represent the district at large.
2-19 (d) At the first election after the county commissioners
2-20 precincts are redrawn under Section 18, Article V, Texas
2-21 Constitution, four new directors shall be elected to represent the
2-22 precincts. The directors elected shall draw lots to determine
2-23 their terms.
2-24 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-25 governed by a board of five directors.
2-26 (b) A vacancy in the office of director shall be filled by
2-27 appointment of the board until the next election for directors. At
3-1 the next election for directors, a person shall be elected to fill
3-2 the position. If the position is not scheduled to be filled at the
3-3 election, the person elected to fill the position shall serve only
3-4 for the remainder of the unexpired term.
3-5 (c) To be eligible to serve as director, a person must be a
3-6 registered voter in the precinct from which the person is elected
3-7 or appointed if representing a precinct or in the district if
3-8 representing the district at large.
3-9 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-10 directors is composed of:
3-11 (1) George E. Byars, Jr.--at large
3-12 (2) Dorsey L. Smith--Precinct 1
3-13 (3) Victor Tellez--Precinct 2
3-14 (4) Robert A. Mauck--Precinct 3
3-15 (5) Paul Granberg--Precinct 4
3-16 (b) If a temporary director fails to qualify for office, the
3-17 temporary directors who have qualified shall appoint a person to
3-18 fill the vacancy. If at any time there are fewer than three
3-19 qualified temporary directors, the Texas Natural Resource
3-20 Conservation Commission shall appoint the necessary number of
3-21 persons to fill all vacancies on the board.
3-22 SECTION 9. CONFIRMATION ELECTION. (a) The temporary board
3-23 of directors shall call and hold an election to confirm
3-24 establishment of the district.
3-25 (b) Section 41.001(a), Election Code, does not apply to a
3-26 confirmation election held as provided by this section.
3-27 (c) If a majority of the votes cast at the election favor
4-1 the creation of the district, the temporary directors shall declare
4-2 the district created. If a majority of the votes cast at the
4-3 election are against the creation of the district, the temporary
4-4 directors shall declare the district defeated. The temporary
4-5 directors shall file a copy of the election results with the Texas
4-6 Natural Resource Conservation Commission.
4-7 (d) If a majority of the votes cast at the election are
4-8 against the creation of the district, the temporary directors may
4-9 call and hold subsequent elections to confirm establishment of the
4-10 district. A subsequent election may not be held earlier than the
4-11 first anniversary after the date on which the previous election was
4-12 held. If the district is not created within two years after the
4-13 effective date of this Act, this Act expires.
4-14 (e) Except as provided by this section, a confirmation
4-15 election must be conducted as provided by Sections 36.017(b)-(h),
4-16 Water Code, and the Election Code.
4-17 SECTION 10. INITIAL DIRECTORS. (a) If creation of the
4-18 district is confirmed under Section 9 of this Act, the temporary
4-19 directors shall become the initial directors of the district and
4-20 serve on the board of directors as provided by this section.
4-21 (b) The temporary directors for Precincts 2 and 3 shall
4-22 serve as initial directors until the first regular meeting of the
4-23 board of directors following the first permanent directors'
4-24 election under Section 12 of this Act. The temporary directors for
4-25 Precincts 1 and 4 and the temporary director representing the
4-26 district at large shall serve as initial directors until the first
4-27 regular meeting of the board of directors following the second
5-1 permanent directors' election under Section 12 of this Act.
5-2 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors
5-3 serve until the temporary directors become initial directors under
5-4 Section 10 of this Act or this Act expires under Section 9,
5-5 whichever occurs earlier.
5-6 (b) Initial directors serve until permanent directors are
5-7 elected under Section 12 of this Act.
5-8 (c) Permanent directors serve staggered four-year terms.
5-9 (d) A director serves until the director's successor has
5-10 qualified.
5-11 (e) Each director must qualify to serve as director in the
5-12 manner provided by Section 36.055, Water Code.
5-13 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in
5-14 the second year after the year in which the district is authorized
5-15 to be created at a confirmation election, an election shall be held
5-16 in the district on the first Saturday in May every two years to
5-17 elect the appropriate number of directors to the board.
5-18 SECTION 13. TAX RATE. (a) The board of directors may not
5-19 levy and collect a maintenance tax that exceeds the rate approved
5-20 by the majority of the qualified voters voting in the election
5-21 authorizing the tax unless an election is held in the district at
5-22 which a majority of the qualified voters who vote approve a
5-23 proposition authorizing a greater rate of assessment.
5-24 (b) Notwithstanding Section 36.201, Water Code, the board of
5-25 directors may annually levy and collect a maintenance and operating
5-26 tax at a rate not to exceed one cent on each $100 of assessed
5-27 valuation.
6-1 SECTION 14. WELL PERMITTING. Section 36.113, Water Code,
6-2 applies only to wells in the district dug and put into production
6-3 after the effective date of this Act.
6-4 SECTION 15. EXEMPTION OF CERTAIN LAND FROM REGULATION. Land
6-5 within the district that is outside a subdivision is exempt from
6-6 regulation by the district if the land is appraised under
6-7 Subchapter C or D, Chapter 23, Tax Code.
6-8 SECTION 16. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-9 (a) The proper and legal notice of the intention to introduce this
6-10 Act, setting forth the general substance of this Act, has been
6-11 published as provided by law, and the notice and a copy of this Act
6-12 have been furnished to all persons, agencies, officials, or
6-13 entities to which they are required to be furnished by the
6-14 constitution and other laws of this state, including the governor,
6-15 who has submitted the notice and Act to the Texas Natural Resource
6-16 Conservation Commission.
6-17 (b) The Texas Natural Resource Conservation Commission has
6-18 filed its recommendations relating to this Act with the governor,
6-19 lieutenant governor, and speaker of the house of representatives
6-20 within the required time.
6-21 (c) All requirements of the constitution and laws of this
6-22 state and the rules and procedures of the legislature with respect
6-23 to the notice, introduction, and passage of this Act are fulfilled
6-24 and accomplished.
6-25 SECTION 17. EMERGENCY. The importance of this legislation
6-26 and the crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended,
7-3 and that this Act take effect and be in force from and after its
7-4 passage, and it is so enacted.