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.