By Seaman H.B. No. 3798
76R4546 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Jackson County Groundwater
1-3 Conservation 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 Jackson County Groundwater
1-7 Conservation District, is created in Jackson County, subject to
1-8 approval at a confirmation election under Section 8 of this Act.
1-9 The district is a governmental agency and a body politic and
1-10 corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Jackson County Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Jackson County.
1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-19 property included within the boundaries of the district will be
1-20 benefited by the works and projects that are to be accomplished by
1-21 the district under powers conferred by Section 59, Article XVI,
1-22 Texas Constitution. The district is created to serve a public use
1-23 and benefit.
1-24 SECTION 5. POWERS. (a) The district has all the rights,
2-1 powers, privileges, authority, functions, and duties provided by
2-2 the general law of this state, including Chapter 36, Water Code,
2-3 applicable to groundwater conservation districts created under
2-4 Section 59, Article XVI, Texas Constitution. Chapter 49, Water
2-5 Code, does not apply to the district. This Act prevails over any
2-6 provision of general law that is in conflict or inconsistent with
2-7 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 appointed by the Jackson
2-14 County Commissioners Court.
2-15 (b) A member of the board must reside in the district.
2-16 (c) At least one member of the board must reside in each
2-17 county commissioners precinct.
2-18 (d) Each director must qualify to serve as director in the
2-19 manner provided by Section 36.055, Water Code.
2-20 (e) Directors other than initial directors serve staggered
2-21 three-year terms.
2-22 (f) A director serves until the director's successor has
2-23 qualified.
2-24 (g) If there is a vacancy on the board, the commissioners
2-25 court shall appoint a director to serve the remainder of the term.
2-26 (h) The commissioners court shall appoint a director to
2-27 succeed a director on or before the date the director's term
3-1 expires.
3-2 (i) A director may not receive a salary or other
3-3 compensation for service as a director but may be reimbursed for
3-4 actual expenses of attending meetings at the rate in effect for
3-5 employees of Jackson County.
3-6 SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not
3-7 later than the 31st day after the date on which the canvass of a
3-8 vote creating the district is recorded, the Jackson County
3-9 Commissioners Court shall appoint:
3-10 (1) two directors to serve terms expiring February 1,
3-11 2000;
3-12 (2) two directors to serve terms expiring February 1,
3-13 2001; and
3-14 (3) one director to serve a term expiring February 1,
3-15 2002.
3-16 SECTION 8. CONFIRMATION ELECTION. (a) The Jackson County
3-17 Commissioners Court shall call and hold an election to confirm
3-18 establishment of the district.
3-19 (b) Section 41.001(a), Election Code, does not apply to a
3-20 confirmation election held as provided by this section.
3-21 (c) Except as provided by this section, a confirmation
3-22 election must be conducted as provided by Sections 36.017(b)-(h),
3-23 Water Code, and the Election Code.
3-24 (d) If the establishment of the district has not been
3-25 confirmed at an election held under this section before the fourth
3-26 anniversary of the effective date of this Act, this Act expires on
3-27 that date.
4-1 SECTION 9. LIMITATION ON TAXATION. The district may not
4-2 levy or collect an ad valorem tax at a rate that exceeds three
4-3 cents on the $100 valuation of taxable property in the district.
4-4 SECTION 10. CONTRACTS WITH GOVERNMENT ENTITIES. The
4-5 district may contract with other government entities.
4-6 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-7 (a) The proper and legal notice of the intention to introduce this
4-8 Act, setting forth the general substance of this Act, has been
4-9 published as provided by law, and the notice and a copy of this Act
4-10 have been furnished to all persons, agencies, officials, or
4-11 entities to which they are required to be furnished by the
4-12 constitution and other laws of this state, including the governor,
4-13 who has submitted the notice and Act to the Texas Natural Resource
4-14 Conservation Commission.
4-15 (b) The Texas Natural Resource Conservation Commission has
4-16 filed its recommendations relating to this Act with the governor,
4-17 lieutenant governor, and speaker of the house of representatives
4-18 within the required time.
4-19 (c) All requirements of the constitution and laws of this
4-20 state and the rules and procedures of the legislature with respect
4-21 to the notice, introduction, and passage of this Act are fulfilled
4-22 and accomplished.
4-23 SECTION 12. EFFECTIVE DATE. This Act takes effect September
4-24 1, 1999.
4-25 SECTION 13. EMERGENCY. The importance of this legislation
4-26 and the crowded condition of the calendars in both houses create an
4-27 emergency and an imperative public necessity that the
5-1 constitutional rule requiring bills to be read on three several
5-2 days in each house be suspended, and this rule is hereby suspended.