By Morrison H.B. No. 3812 76R11341 WP-F 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 Victoria County Groundwater 1-4 Conservation District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION. A groundwater conservation district to 1-7 be known as the Victoria County Groundwater Conservation District 1-8 is created in Victoria County under Section 59, Article XVI, Texas 1-9 Constitution, subject to approval at a confirmation election under 1-10 Section 7 of this Act. The district is a governmental agency and a 1-11 body politic and corporate. 1-12 SECTION 2. DEFINITIONS. In this Act: 1-13 (1) "District" means the Victoria County Groundwater 1-14 Conservation District. 1-15 (2) "Board" means the district's board of directors. 1-16 SECTION 3. FINDING OF BENEFIT. All of the land and other 1-17 property included within the boundaries of the district will be 1-18 benefited by the works and projects that are to be accomplished by 1-19 the district under powers conferred by Section 59, Article XVI, 1-20 Texas Constitution. The district is created to serve a public use 1-21 and benefit. 1-22 SECTION 4. BOUNDARIES. The boundaries of the district are 1-23 coextensive with the boundaries of Victoria County. 1-24 SECTION 5. POWERS. Except to the extent of any conflict 2-1 with this Act or as specifically limited by this Act, the district 2-2 is governed by and subject to Chapter 36, Water Code, and may 2-3 exercise all of the powers contained in this chapter, including the 2-4 power to issue bonds and levy and collect taxes and the power of 2-5 eminent domain. 2-6 SECTION 6. TEMPORARY DIRECTORS. (a) The temporary board of 2-7 directors is composed of: 2-8 (1) Place 1 - John Wester; 2-9 (2) Place 2 - Rocky Sanders; 2-10 (3) Place 3 - Trey Ruschhaupt; 2-11 (4) Place 4 - Joseph Dial; 2-12 (5) Place 5 - John Swoboda, Jr.; 2-13 (6) Place 6 - Jerry James; and 2-14 (7) Place 7 - Denise McCue. 2-15 (b) If a temporary director fails to qualify for office or 2-16 if a vacancy occurs in the office of temporary director, the 2-17 Commissioners Court of Victoria County shall appoint persons to 2-18 fill vacancies in places 1 through 4, and the governing body of the 2-19 city of Victoria shall appoint persons to fill vacancies in places 2-20 5 through 7. 2-21 (c) The temporary directors shall select from their members 2-22 persons to serve as chair, vice chair, and secretary. 2-23 (d) To be qualified to serve as a temporary director, a 2-24 person must be a resident of Victoria County and must be at least 2-25 18 years of age. 2-26 SECTION 7. CONFIRMATION ELECTION. (a) Not later than the 2-27 30th day after the effective date of this Act, the temporary 3-1 directors shall meet and shall call an election to be held not 3-2 later than the 120th day after the effective date of this Act 3-3 inside the boundaries of the proposed district to confirm the 3-4 establishment of the district. 3-5 (b) Section 41.001(a), Election Code, does not apply to an 3-6 election held as provided by this section. 3-7 (c) The ballot for the election shall be printed to provide 3-8 for voting for or against propositions on: 3-9 (1) the creation of the Victoria County Groundwater 3-10 Conservation District; and 3-11 (2) the imposition of a property tax in the district. 3-12 (d) The temporary board of directors may include on the 3-13 ballot other propositions the board considers necessary. 3-14 (e) If a majority of votes cast at the election favor the 3-15 creation of the district, the temporary directors shall declare the 3-16 district created. If a majority of the votes cast at the election 3-17 are against the creation of the district, the temporary directors 3-18 shall declare the district defeated. The temporary directors shall 3-19 file a copy of the election results with the Texas Natural Resource 3-20 Conservation Commission. 3-21 (f) If establishment of the district is not confirmed, the 3-22 temporary directors may call additional confirmation elections. A 3-23 confirmation election may not be held before the first anniversary 3-24 of the previous confirmation election. This Act expires if the 3-25 district is not confirmed before the fourth anniversary of the 3-26 effective date of this Act. 3-27 SECTION 8. INITIAL DIRECTORS. (a) Except as provided by 4-1 this subsection, on confirmation of the establishment of the 4-2 district under Section 7 of this Act, the temporary directors 4-3 become the initial directors of the district. Before the 61st day 4-4 after the date the district is confirmed, the Commissioners Court 4-5 of Victoria County may replace with another appointee any director 4-6 in places 1 through 4, and the governing body of the city of 4-7 Victoria may replace with another appointee any director in places 4-8 5 through 7. 4-9 (b) The directors in places 1, 3, 5, and 7 serve terms that 4-10 expire on the second anniversary of the date the district is 4-11 confirmed. The directors in places 2, 4, and 6 serve terms that 4-12 expire on the fourth anniversary of the date the district is 4-13 confirmed. 4-14 (c) If an appointed director is not qualified to take office 4-15 at the first regular meeting of the board following the director's 4-16 appointment, the previous director for that place continues to 4-17 serve until a successor is appointed and qualifies. 4-18 SECTION 9. BOARD OF DIRECTORS. (a) The district is 4-19 governed by a board of seven directors. 4-20 (b) The board shall select from its members a chair, vice 4-21 chair, and secretary. 4-22 (c) On the expiration of directors' terms or on the 4-23 occurrence of a vacancy in the office of a director: 4-24 (1) the Commissioners Court of Victoria County shall 4-25 appoint the appropriate number of directors to places 1 through 4; 4-26 and 4-27 (2) the governing body of the city of Victoria shall 5-1 appoint the appropriate number of directors to places 5 through 7. 5-2 (d) A director appointed to fill a vacancy serves for the 5-3 unexpired portion of the term. 5-4 (e) To be qualified for appointment as a director, a person 5-5 must be a resident of the district and must be at least 18 years of 5-6 age. 5-7 (f) Except for temporary and initial directors of the 5-8 district, directors serve four-year terms. 5-9 SECTION 10. LIMITATION ON TAXATION. The district may not 5-10 impose an ad valorem tax at a rate that exceeds two cents on each 5-11 $100 valuation of taxable property in the district. 5-12 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 5-13 (a) The proper and legal notice of the intention to introduce this 5-14 Act, setting forth the general substance of this Act, has been 5-15 published as provided by law, and the notice and a copy of this Act 5-16 have been furnished to all persons, agencies, officials, or 5-17 entities to which they are required to be furnished by the 5-18 constitution and other laws of this state, including the governor, 5-19 who has submitted the notice and Act to the Texas Natural Resource 5-20 Conservation Commission. 5-21 (b) The Texas Natural Resource Conservation Commission has 5-22 filed its recommendations relating to this Act with the governor, 5-23 the lieutenant governor, and speaker of the house of 5-24 representatives within the required time. 5-25 (c) All requirements of the constitution and laws of this 5-26 state and the rules and procedures of the legislature with respect 5-27 to the notice, introduction, and passage of this Act are fulfilled 6-1 and accomplished. 6-2 SECTION 12. EMERGENCY. The importance of this legislation 6-3 and the crowded condition of the calendars in both houses create an 6-4 emergency and an imperative public necessity that the 6-5 constitutional rule requiring bills to be read on three several 6-6 days in each house be suspended, and this rule is hereby suspended, 6-7 and that this Act take effect and be in force from and after its 6-8 passage, and it is so enacted. 6-9 COMMITTEE AMENDMENT NO. 1 6-10 Amend H.B. 3812 as follows: 6-11 (1) On page 1, line 3, strike "Victoria County" and 6-12 substitute Crossroads. 6-13 (2) On page 1, line 7, strike "Victoria County" and 6-14 substitute Crossroads. 6-15 (3) On page 1, line 13, strike "Victoria County" and 6-16 substitute Crossroads. 6-17 (4) On page 3, line 9, strike "Victoria County" and 6-18 substitute Crossroads. 6-19 (5) On page 3, line 25, strike "fourth" and substitute 6-20 second. 6-21 Counts