By Walker H.B. No. 3806 76R5522 WP-D 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 Trans-Pecos 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 Trans-Pecos Groundwater Conservation 1-8 District, is created in Loving and Reeves counties, subject to 1-9 approval at a confirmation election under Section 8 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 Trans-Pecos Groundwater Conservation District. 1-17 SECTION 3. 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 4. POWERS. (a) The district has all of the rights, 1-24 powers, privileges, authority, functions, and duties provided by 2-1 the 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. This Act prevails 2-4 over any provision of general law that is in conflict or 2-5 inconsistent with this Act. 2-6 (b) Notwithstanding Subsection (a) of this section, the 2-7 following provisions prevail over a conflicting or inconsistent 2-8 provision in this Act: 2-9 (1) Sections 36.107-36.108, Water Code; 2-10 (2) Sections 36.159-36.161, Water Code; and 2-11 (3) Subchapter I, Chapter 36, Water Code. 2-12 SECTION 5. BOARD OF DIRECTORS. (a) The district is 2-13 governed by a board of directors as provided by this section. 2-14 Temporary directors serve until the initial board of five directors 2-15 representing Loving County and five directors representing Reeves 2-16 County are elected under Section 8 of this Act. The board shall 2-17 adjust the number of directors representing the district when 2-18 additional territory is added to the district so that: 2-19 (1) each full county in the district is represented by 2-20 the same number of directors as each other full county in the 2-21 district; 2-22 (2) territory included in the district that comprises 2-23 less than a full county is represented by not more than one-half 2-24 the number of directors that represent a full county in the 2-25 district; and 2-26 (3) the board comprises not fewer than five and not 2-27 more than 11 directors. 3-1 (b) Except as provided by Section 8(d) of this Act, 3-2 directors serve staggered four-year terms. 3-3 (c) Directors may serve consecutive terms. 3-4 (d) Each director must: 3-5 (1) be a resident of the county the director 3-6 represents for not less than one year before the election date; and 3-7 (2) qualify to serve as director in the manner 3-8 provided by Section 36.055, Water Code. 3-9 (e) A director serves until the director's successor has 3-10 qualified. 3-11 (f) A vacancy in the office of director shall be filled by 3-12 appointment of the board until the next election for directors. At 3-13 the next election for directors, a person shall be elected to fill 3-14 the position. If the position is not scheduled to be filled at the 3-15 election, the person elected to fill the position shall serve only 3-16 for the remainder of the unexpired term. 3-17 (g) A director may not receive compensation for serving on 3-18 the board but is entitled to reimbursement for actual reasonable 3-19 expenses incurred in performing duties as a director. 3-20 SECTION 6. TEMPORARY DIRECTORS. The commissioners court for 3-21 Loving and Reeves counties each shall appoint five temporary 3-22 directors as soon as practicable, but not later than 45 days after 3-23 the effective date of this Act. 3-24 SECTION 7. ORGANIZATIONAL MEETING. (a) As soon as 3-25 practicable after the initial directors are appointed as provided 3-26 by this Act, the directors shall hold the organizational meeting of 3-27 the district and take office at that time. 4-1 (b) The directors shall hold the meeting at a location 4-2 within the district to which a majority of the directors agree. 4-3 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 4-4 (a) The temporary board of directors shall call and hold an 4-5 election to confirm establishment of the district and to elect the 4-6 initial directors. 4-7 (b) At the confirmation and initial directors' election, the 4-8 temporary board of directors shall have placed on the ballot the 4-9 names of the candidates for each of 10 numbered positions on the 4-10 board. To qualify as a candidate for positions one through five, a 4-11 person must be a resident of Loving County. To qualify as a 4-12 candidate for positions six through 10, a person must be a resident 4-13 of Reeves County. 4-14 (c) If the district is created at the election, the 4-15 temporary board of directors, at the time the vote is canvassed, 4-16 shall: 4-17 (1) declare the qualified person who receives the most 4-18 votes for each position to be elected as the initial director for 4-19 that position; and 4-20 (2) include the results of the initial directors' 4-21 election in the district's election report to the Texas Natural 4-22 Resource Conservation Commission. 4-23 (d) The initial directors shall draw lots to determine their 4-24 terms so that: 4-25 (1) five directors serve four-year terms that expire 4-26 on the fourth anniversary of the date the initial directors were 4-27 elected; and 5-1 (2) five directors serve two-year terms that expire on 5-2 the second anniversary of the date the initial directors were 5-3 elected. 5-4 (e) Section 41.001(a), Election Code, does not apply to a 5-5 confirmation and initial directors' election held as provided by 5-6 this section. 5-7 (f) Except as provided by this section, a confirmation and 5-8 initial directors' election must be conducted as provided by 5-9 Sections 36.017(b)-(h), Water Code, and the Election Code. 5-10 (g) If the establishment of the district has not been 5-11 confirmed at an election held under this section before the fourth 5-12 anniversary of the effective date of this Act, this Act expires on 5-13 that date. 5-14 SECTION 9. ELECTION OF PERMANENT DIRECTORS. Beginning in 5-15 the second year after the year in which the district is authorized 5-16 to be created at a confirmation election, an election shall be held 5-17 in the district on the first Saturday in the month in which the 5-18 initial directors were elected under Section 8 of this Act and 5-19 every two years after that date to elect the appropriate number of 5-20 directors to the board. 5-21 SECTION 10. BOUNDARIES. The boundaries of the district are 5-22 coextensive with the boundaries of those counties whose voters 5-23 approve the groundwater conservation district at a confirmation 5-24 election held under Section 8 of this Act. 5-25 SECTION 11. STATUTORY INTERPRETATION. Except as otherwise 5-26 provided by this Act, if there is a conflict between this Act and 5-27 Chapter 36, Water Code, this Act controls. 6-1 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 6-2 (a) The proper and legal notice of the intention to introduce this 6-3 Act, setting forth the general substance of this Act, has been 6-4 published as provided by law, and the notice and a copy of this Act 6-5 have been furnished to all persons, agencies, officials, or 6-6 entities to which they are required to be furnished by the 6-7 constitution and other laws of this state, including the governor, 6-8 who has submitted the notice and Act to the Texas Natural Resource 6-9 Conservation Commission. 6-10 (b) The Texas Natural Resource Conservation Commission has 6-11 filed its recommendations relating to this Act with the governor, 6-12 lieutenant governor, and speaker of the house of representatives 6-13 within the required time. 6-14 (c) All requirements of the constitution and laws of this 6-15 state and the rules and procedures of the legislature with respect 6-16 to the notice, introduction, and passage of this Act are fulfilled 6-17 and accomplished. 6-18 SECTION 13. EFFECTIVE DATE. This Act takes effect September 6-19 1, 1999. 6-20 SECTION 14. EMERGENCY. The importance of this legislation 6-21 and the crowded condition of the calendars in both houses create an 6-22 emergency and an imperative public necessity that the 6-23 constitutional rule requiring bills to be read on three several 6-24 days in each house be suspended, and this rule is hereby suspended.