76R13185 E
By Seaman H.B. No. 3798
Substitute the following for H.B. No. 3798:
By Walker C.S.H.B. No. 3798
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Texana Groundwater Conservation
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION. (a) A groundwater conservation
1-6 district, to be known as the Texana Groundwater Conservation
1-7 District, is created in Jackson County, subject to approval at a
1-8 confirmation election under Section 8 of this Act. The district is
1-9 a governmental agency and a body politic and corporate.
1-10 (b) The district is created under and is essential to
1-11 accomplish the purposes of Section 59, Article XVI, Texas
1-12 Constitution.
1-13 SECTION 2. DEFINITION. In this Act, "district" means the
1-14 Texana Groundwater Conservation District.
1-15 SECTION 3. BOUNDARIES. The boundaries of the district are
1-16 coextensive with the boundaries of Jackson County.
1-17 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-18 property included within the boundaries of the district will be
1-19 benefited by the works and projects that are to be accomplished by
1-20 the district under powers conferred by Section 59, Article XVI,
1-21 Texas Constitution. The district is created to serve a public use
1-22 and benefit.
1-23 SECTION 5. POWERS. The district has all the rights, powers,
1-24 privileges, authority, functions, and duties provided by the
2-1 general law of this state, including Chapter 36, Water Code,
2-2 applicable to groundwater conservation districts created under
2-3 Section 59, Article XVI, Texas Constitution. Chapter 49, Water
2-4 Code, does not apply to the district. This Act prevails over any
2-5 provision of general law that is in conflict or inconsistent with
2-6 this Act.
2-7 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-8 governed by a board of seven directors.
2-9 (b) A director must reside in the district.
2-10 (c) One director shall be elected from each county
2-11 commissioners precinct and three directors shall be elected at
2-12 large.
2-13 (d) Each director must qualify to serve as director in the
2-14 manner provided by Section 36.055, Water Code.
2-15 (e) Directors other than initial directors serve staggered
2-16 four-year terms.
2-17 (f) A director serves until the director's successor has
2-18 qualified.
2-19 (g) If there is a vacancy on the board, the remaining
2-20 directors shall appoint a director to serve the remainder of the
2-21 term.
2-22 (h) A director may not receive a salary or other
2-23 compensation for service as a director but may be reimbursed for
2-24 actual expenses of attending meetings at the rate in effect for
2-25 employees of Jackson County.
2-26 SECTION 7. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
2-27 later than the 31st day after the date on which the canvass of a
3-1 vote creating the district is recorded, the Jackson County
3-2 Commissioners Court shall appoint:
3-3 (1) one temporary director from each of the four
3-4 county commissioners precincts; and
3-5 (2) three temporary directors at large.
3-6 (b) Temporary directors serve until their successors are
3-7 elected as provided by Section 8.
3-8 SECTION 8. CONFIRMATION AND DIRECTORS ELECTION. (a) The
3-9 temporary directors shall call and hold an election to confirm
3-10 establishment of the district and to elect initial directors.
3-11 (b) Section 41.001(a), Election Code, does not apply to a
3-12 confirmation election held as provided by this section.
3-13 (c) Except as provided by this section, a confirmation
3-14 election must be conducted as provided by Sections 36.017(b)-(h),
3-15 Water Code, and the Election Code.
3-16 (d) If the establishment of the district has not been
3-17 confirmed at an election held under this section before the second
3-18 anniversary of the effective date of this Act, this Act expires on
3-19 that date.
3-20 (e) If the majority of the votes cast at an election held
3-21 under this section is against the confirmation of the district, the
3-22 temporary directors may not call another election under this
3-23 section before the first anniversary of that election.
3-24 SECTION 9. ELECTION OF DIRECTORS. (a) On the uniform
3-25 election date in May of the first even-numbered year after the year
3-26 in which the district is authorized to be created at a confirmation
3-27 election, an election shall be held in the district for the
4-1 election of four directors, each of whom shall serve a four-year
4-2 term, and three directors, each of whom shall serve a two-year
4-3 term.
4-4 (b) On the uniform election date in May of each subsequent
4-5 second year following the election, the appropriate number of
4-6 directors shall be elected to the board.
4-7 SECTION 10. LIMITATION ON TAXATION. The district may not
4-8 levy or collect an ad valorem tax at a rate that exceeds two cents
4-9 on each $100 valuation of taxable property in the district.
4-10 SECTION 11. CONTRACTS WITH GOVERNMENT ENTITIES. (a) The
4-11 district may contract with other government entities.
4-12 (b) The district may contract with other governmental
4-13 entities, including river authorities located in the district, for
4-14 the performance of any or all district functions. A river
4-15 authority with which the district contracts under this section may
4-16 perform district functions as provided by the contract.
4-17 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-18 (a) The proper and legal notice of the intention to introduce this
4-19 Act, setting forth the general substance of this Act, has been
4-20 published as provided by law, and the notice and a copy of this Act
4-21 have been furnished to all persons, agencies, officials, or
4-22 entities to which they are required to be furnished by the
4-23 constitution and other laws of this state, including the governor,
4-24 who has submitted the notice and Act to the Texas Natural Resource
4-25 Conservation Commission.
4-26 (b) The Texas Natural Resource Conservation Commission has
4-27 filed its recommendations relating to this Act with the governor,
5-1 lieutenant governor, and speaker of the house of representatives
5-2 within the required time.
5-3 (c) All requirements of the constitution and laws of this
5-4 state and the rules and procedures of the legislature with respect
5-5 to the notice, introduction, and passage of this Act are fulfilled
5-6 and accomplished.
5-7 SECTION 13. EFFECTIVE DATE. This Act takes effect September
5-8 1, 1999.
5-9 SECTION 14. EMERGENCY. The importance of this legislation
5-10 and the crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.