By Cook H.B. No. 3816
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 Coastal Bend 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 Coastal Bend Groundwater Conservation
1-8 District, is created in Wharton County, subject to approval at a
1-9 confirmation election under Section 10 of this Act. The district
1-10 is a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Coastal Bend Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Wharton County.
1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-19 property included within the boundaries of the district will be
1-20 benefited by the works and projects that are to be accomplished by
1-21 the district under powers conferred by Section 59, Article XVI,
1-22 Texas Constitution. The district is created to serve a public use
1-23 and benefit.
1-24 SECTION 5. POWERS. Except as provided by this Act, the
2-1 district has all of the rights, powers, privileges, authority,
2-2 functions, and duties provided by the general law of this state,
2-3 including Chapter 36, Water Code, applicable to groundwater
2-4 conservation districts created under Section 59, Article XVI, Texas
2-5 Constitution. This Act prevails over any provision of general law
2-6 that is in conflict or inconsistent with this Act.
2-7 SECTION 6. PURPOSES. The district is created to accomplish
2-8 the following purposes:
2-9 (1) to protect and preserve groundwater for the
2-10 benefit of the district;
2-11 (2) to assess and deter groundwater contamination;
2-12 (3) to assess groundwater levels throughout the
2-13 district;
2-14 (4) to promote water conservation where and when
2-15 conditions indicate; and
2-16 (5) to create and periodically update a water
2-17 management plan for the district that meets or exceeds the
2-18 requirements of the Texas Natural Resource Conservation Commission.
2-19 SECTION 7. ELECTION OF DIRECTORS. (a) The directors of the
2-20 district shall be elected according to the commissioners precinct
2-21 method as provided by this Act.
2-22 (b) One director shall be elected by the qualified voters of
2-23 the entire district, and one director shall be elected from each
2-24 county commissioners precinct by the qualified voters of that
2-25 precinct.
2-26 (c) A person shall indicate on the application for a place
2-27 on the ballot the precinct that the person seeks to represent or
3-1 that the person seeks to represent the district at large.
3-2 (d) At the first election after the county commissioners
3-3 precincts are redrawn under Section 18, Article V, Texas
3-4 Constitution, four new directors shall be elected to represent the
3-5 precincts. The directors elected shall draw lots to determine
3-6 their terms.
3-7 SECTION 8. BOARD OF DIRECTORS. (a) The district is
3-8 governed by a board of five directors.
3-9 (b) A vacancy in the office of director shall be filled by
3-10 appointment of the board until the next election for directors. At
3-11 the next election for directors, a person shall be elected to fill
3-12 the position. If the position is not scheduled to be filled at the
3-13 election, the person elected to fill the position shall serve only
3-14 for the remainder of the unexpired term.
3-15 (c) To be eligible to serve as director, a person must be a
3-16 registered voter in the precinct from which the person is elected
3-17 or appointed if representing a precinct or in the district if
3-18 representing the district at large.
3-19 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
3-20 directors is composed of:
3-21 (1) Eddie Weinheimer--at large
3-22 (2) Leonard Wittig--precinct 1
3-23 (3) Ronald Gertson--precinct 2
3-24 (4) L. G. Raun, Jr.--precinct 3
3-25 (5) Laurance Armour--precinct 4
3-26 (b) If a temporary director fails to qualify for office, the
3-27 temporary directors who have qualified shall appoint a person to
4-1 fill the vacancy. If at any time there are fewer than three
4-2 qualified temporary directors, the Texas Natural Resource
4-3 Conservation Commission shall appoint the necessary number of
4-4 persons to fill all vacancies on the board.
4-5 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-6 (a) The temporary board of directors shall call and hold an
4-7 election to confirm establishment of the district and to elect
4-8 initial directors. The election must be held:
4-9 (1) before the second anniversary of the effective
4-10 date of this Act; and
4-11 (2) concurrently with another election held by a
4-12 political subdivision.
4-13 (b) A person, including a temporary director, who desires to
4-14 be a candidate for the office of initial director may file an
4-15 application with the temporary board to have the candidate's name
4-16 printed on the ballot as provided by Chapter 144, Election Code.
4-17 (c) At the confirmation and initial directors' election, the
4-18 temporary board of directors shall have placed on the ballot the
4-19 names of the persons serving as temporary directors who intend to
4-20 run for an initial director's position together with the name of
4-21 any candidate filing for an initial director's position and blank
4-22 spaces to write in the names of other persons.
4-23 (d) If the district is created at the election, the
4-24 temporary board of directors, at the time the vote is canvassed,
4-25 shall:
4-26 (1) declare the qualified person who receives the most
4-27 votes for each position to be elected as the initial director for
5-1 that position; and
5-2 (2) include the results of the initial directors'
5-3 election in the district's election report to the Texas Natural
5-4 Resource Conservation Commission.
5-5 (e) Section 41.001(a), Election Code, does not apply to a
5-6 confirmation and initial directors' election held as provided by
5-7 this section.
5-8 (f) Except as provided by this section, a confirmation and
5-9 initial directors' election must be conducted as provided by
5-10 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-11 (g) If the establishment of the district has not been
5-12 confirmed at an election under this section before the fourth
5-13 anniversary of the effective date of this Act, this Act expires on
5-14 that date.
5-15 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors
5-16 serve until initial directors are elected under Section 10 of this
5-17 Act.
5-18 (b) Initial directors serve until permanent directors are
5-19 elected under Section 12 of this Act.
5-20 (c) Permanent directors serve staggered four-year terms.
5-21 (d) A director serves until the director's successor has
5-22 qualified.
5-23 (e) Each director must qualify to serve as director in the
5-24 manner provided by Section 36.055, Water Code.
5-25 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in
5-26 the second year after the year in which the district is authorized
5-27 to be created at a confirmation election, an election shall be held
6-1 in the district on the first Saturday in May for the election of
6-2 directors for precincts 1 and 3, to serve two-year terms, and
6-3 directors for precincts 2 and 4 and for the district at large, to
6-4 serve four-year terms. On the first Saturday in May of each
6-5 subsequent second year, the appropriate number of directors shall
6-6 be elected to the board.
6-7 SECTION 13. PROPERTY TAX. (a) The district may impose an
6-8 annual ad valorem tax on property located in the district if the
6-9 tax is approved by the majority of the qualified voters in the
6-10 district in an election called and held for that purpose.
6-11 (b) The district may not impose a tax at a rate higher than
6-12 that approved at an election.
6-13 (c) At the confirmation election, the district may include a
6-14 proposition for the voters to approve an annual ad valorem tax.
6-15 The tax rate may not exceed two cents for each $100 valuation.
6-16 (d) Notwithstanding Section 26.12, Tax Code, the district
6-17 may impose the approved tax for the entire year in which the
6-18 election authorizing the tax was held.
6-19 SECTION 14. ELECTION TO APPROVE BONDS OR NOTES. The
6-20 district may not issue or sell bonds or notes unless the action is
6-21 approved by a majority of the voters of the district voting at an
6-22 election called and held for that purpose.
6-23 SECTION 15. DISTRICT NAME. The board of directors may
6-24 change the district's name.
6-25 SECTION 16. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-26 (a) The proper and legal notice of the intention to introduce this
6-27 Act, setting forth the general substance of this Act, has been
7-1 published as provided by law, and the notice and a copy of this Act
7-2 have been furnished to all persons, agencies, officials, or
7-3 entities to which they are required to be furnished by the
7-4 constitution and other laws of this state, including the governor,
7-5 who has submitted the notice and Act to the Texas Natural Resource
7-6 Conservation Commission.
7-7 (b) The Texas Natural Resource Conservation Commission has
7-8 filed its recommendations relating to this Act with the governor,
7-9 lieutenant governor, and speaker of the house of representatives
7-10 within the required time.
7-11 (c) All requirements of the constitution and laws of this
7-12 state and the rules and procedures of the legislature with respect
7-13 to the notice, introduction, and passage of this Act are fulfilled
7-14 and accomplished.
7-15 SECTION 17. EMERGENCY. The importance of this legislation
7-16 and the crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended,
7-20 and that this Act take effect and be in force from and after its
7-21 passage, and it is so enacted.