76R12862 E By Gallego H.B. No. 3805 Substitute the following for H.B. No. 3805: By Walker C.S.H.B. No. 3805 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.