By Gallego H.B. No. 3805
76R12862 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Middle Pecos 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 Middle Pecos Groundwater Conservation
1-7 District, is created in Pecos County, subject to approval at a
1-8 confirmation election under Section 9 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 Middle Pecos Groundwater Conservation District.
1-15 SECTION 3. BOUNDARIES. The boundaries of the district are
1-16 coextensive with the boundaries of Pecos 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; GENERAL PROVISIONS. (a) The district
1-24 has all the rights, powers, privileges, authority, functions, and
2-1 duties provided by the general law of this state, including Chapter
2-2 36, Water Code, applicable to groundwater conservation districts
2-3 created under Section 59, Article XVI, Texas Constitution. Chapter
2-4 49, Water Code, does not apply to the district. This Act prevails
2-5 over any provision of general law that is in conflict or
2-6 inconsistent with this Act.
2-7 (b) The district has the power to limit the transfer of
2-8 groundwater out of the district, including the power to prohibit
2-9 the transfer.
2-10 (c) Section 36.121, Water Code, does not apply to the
2-11 district.
2-12 (d) The rights, powers, privileges, authority, functions,
2-13 and duties of the district are not subject to the continuing right
2-14 of supervision of the state through the Texas Natural Resource
2-15 Conservation Commission.
2-16 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
2-17 district shall be elected according to the commissioners precinct
2-18 method as provided by this Act.
2-19 (b) One director shall be elected by the qualified voters of
2-20 the entire district, and one director shall be elected from each
2-21 county commissioners precinct by the qualified voters of that
2-22 precinct.
2-23 (c) A person shall indicate on the application for a place
2-24 on the ballot the precinct that the person seeks to represent or
2-25 that the person seeks to represent the district at large.
2-26 (d) At the first election after the county commissioners
2-27 precincts are redrawn under Section 18, Article V, Texas
3-1 Constitution, four new directors shall be elected to represent the
3-2 precincts. The directors elected shall draw lots to determine
3-3 their terms.
3-4 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-5 governed by a board of five directors.
3-6 (b) Each director must qualify to serve as director in the
3-7 manner provided by Section 36.055, Water Code.
3-8 (c) Directors other than initial directors serve staggered
3-9 three-year terms.
3-10 (d) A director serves until the director's successor has
3-11 qualified.
3-12 (e) Except as provided by Section 8(b) of this Act, a
3-13 vacancy on the board shall be filled by appointment by the
3-14 remaining members of the board until the next election of directors
3-15 for the district. If that position is not scheduled to be filled
3-16 at that election, the person appointed to fill the position serves
3-17 for the remainder of the unexpired term. If at any time there are
3-18 fewer than three qualified directors, the Pecos County
3-19 Commissioners Court shall appoint the necessary number of persons
3-20 to fill all vacancies on the board.
3-21 (f) A director may not receive a salary or other
3-22 compensation for service as a director but may be reimbursed for
3-23 actual expenses of attending meetings at the rate in effect for
3-24 employees of Pecos County.
3-25 SECTION 8. APPOINTMENT AND TERMS OF TEMPORARY DIRECTORS.
3-26 (a) Not later than the 31st day after the effective date of this
3-27 Act, the Pecos County Commissioners Court shall appoint:
4-1 (1) one director, representing the district at large,
4-2 to serve a term expiring February 1, 2000;
4-3 (2) two directors, representing precincts one and
4-4 three, to serve terms expiring February 1, 2001; and
4-5 (3) two directors, representing precincts two and
4-6 four, to serve terms expiring February 1, 2002.
4-7 (b) A vacancy on the board shall be filled by appointment of
4-8 the Pecos County Commissioners Court until establishment of the
4-9 district has been confirmed under Section 9 of this Act.
4-10 SECTION 9. CONFIRMATION ELECTION. (a) The temporary board
4-11 of directors shall call and hold an election before the second
4-12 anniversary of the effective date of this Act to confirm
4-13 establishment of the district.
4-14 (b) If a majority of the votes cast at the election favor
4-15 creation of the district, the temporary directors shall declare the
4-16 district created. If a majority of the votes cast at the election
4-17 are against the creation of the district, the temporary directors
4-18 may hold another election not later than the second anniversary of
4-19 the effective date of this Act. If the district is not created
4-20 before the second anniversary of the effective date of this Act,
4-21 this Act expires on that date. The temporary directors shall file
4-22 a copy of the election results with the Texas Natural Resource
4-23 Conservation Commission.
4-24 (c) Section 41.001(a), Election Code, does not apply to a
4-25 confirmation election held as provided by this section.
4-26 (d) Except as provided by this section, a confirmation
4-27 election must be conducted as provided by Sections 36.017(b)-(h),
5-1 Water Code, and the Election Code.
5-2 SECTION 10. ELECTION OF INITIAL DIRECTORS. (a) Beginning
5-3 in the first year after the year in which the district is
5-4 authorized to be created at a confirmation election, the board
5-5 shall call an election to be held in the district on any uniform
5-6 election date provided by Section 41.001, Election Code, to elect
5-7 the appropriate number of directors to the board. If the board
5-8 changes the uniform election date for directors' elections, the
5-9 district shall adjust the terms of office to conform to the new
5-10 election date.
5-11 (b) All temporary directors' positions that have expired or
5-12 are due to expire in the year of the election shall be up for
5-13 election. The initial directors serve terms expiring on the third
5-14 anniversary of the expiration date specified for that director's
5-15 position in Section 8.
5-16 SECTION 11. TAXING AUTHORITY. The district may not impose
5-17 an ad valorem tax in the district.
5-18 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5-19 (a) The proper and legal notice of the intention to introduce this
5-20 Act, setting forth the general substance of this Act, has been
5-21 published as provided by law, and the notice and a copy of this Act
5-22 have been furnished to all persons, agencies, officials, or
5-23 entities to which they are required to be furnished by the
5-24 constitution and other laws of this state, including the governor,
5-25 who has submitted the notice and Act to the Texas Natural Resource
5-26 Conservation Commission.
5-27 (b) The Texas Natural Resource Conservation Commission has
6-1 filed its recommendations relating to this Act with the governor,
6-2 lieutenant governor, and speaker of the house of representatives
6-3 within the required time.
6-4 (c) All requirements of the constitution and laws of this
6-5 state and the rules and procedures of the legislature with respect
6-6 to the notice, introduction, and passage of this Act are fulfilled
6-7 and accomplished.
6-8 SECTION 13. EMERGENCY. The importance of this legislation
6-9 and the crowded condition of the calendars in both houses create an
6-10 emergency and an imperative public necessity that the
6-11 constitutional rule requiring bills to be read on three several
6-12 days in each house be suspended, and this rule is hereby suspended,
6-13 and that this Act take effect and be in force from and after its
6-14 passage, and it is so enacted.