By Cook H.B. No. 3816
76R7362 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 Wharton 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) A groundwater conservation
1-7 district, to be known as the Wharton County Groundwater
1-8 Conservation District, is created in Wharton County, subject to
1-9 approval at a confirmation election under Section 9 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 Wharton County Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Wharton County.
1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-20 property included within the boundaries of the district will be
1-21 benefited by the works and projects that are to be accomplished by
1-22 the district under powers conferred by Section 59, Article XVI,
1-23 Texas Constitution. The district is created to serve a public use
1-24 and benefit.
2-1 SECTION 5. POWERS. (a) Except as provided by this Act, the
2-2 district has all of the rights, powers, privileges, authority,
2-3 functions, and duties provided by the general law of this state,
2-4 including Chapter 36, Water Code, applicable to groundwater
2-5 conservation districts created under Section 59, Article XVI, Texas
2-6 Constitution. This Act prevails over any provision of general law
2-7 that is in conflict or inconsistent with this Act.
2-8 (b) The rights, powers, privileges, authority, functions,
2-9 and duties of the district are subject to the continuing right of
2-10 supervision of the state to be exercised by and through the Texas
2-11 Natural Resource Conservation Commission.
2-12 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
2-13 district shall be elected according to the commissioners precinct
2-14 method as provided by this Act.
2-15 (b) One director shall be elected by the qualified voters of
2-16 the entire district, and one director shall be elected from each
2-17 county commissioners precinct by the qualified voters of that
2-18 precinct.
2-19 (c) A person shall indicate on the application for a place
2-20 on the ballot the precinct that the person seeks to represent or
2-21 that the person seeks to represent the district at large.
2-22 (d) At the first election after the county commissioners
2-23 precincts are redrawn under Section 18, Article V, Texas
2-24 Constitution, four new directors shall be elected to represent the
2-25 precincts. The directors elected shall draw lots to determine
2-26 their terms.
2-27 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-1 governed by a board of five directors.
3-2 (b) A vacancy in the office of director shall be filled by
3-3 appointment of the board until the next election for directors. At
3-4 the next election for directors, a person shall be elected to fill
3-5 the position. If the position is not scheduled to be filled at the
3-6 election, the person elected to fill the position shall serve only
3-7 for the remainder of the unexpired term.
3-8 (c) To be eligible to serve as director, a person must be a
3-9 registered voter in the precinct from which the person is elected
3-10 or appointed if representing a precinct or in the district if
3-11 representing the district at large.
3-12 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-13 directors is composed of:
3-14 (1) Eddie Weinheimer--at large
3-15 (2) Leonard Wittig--precinct 1
3-16 (3) Ronald Gertson--precinct 2
3-17 (4) L. G. Raun, Jr.--precinct 3
3-18 (5) Laurance Armour--precinct 4
3-19 (b) If a temporary director fails to qualify for office, the
3-20 temporary directors who have qualified shall appoint a person to
3-21 fill the vacancy. If at any time there are fewer than three
3-22 qualified temporary directors, the Texas Natural Resource
3-23 Conservation Commission shall appoint the necessary number of
3-24 persons to fill all vacancies on the board.
3-25 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
3-26 (a) The temporary board of directors shall call and hold an
3-27 election to confirm establishment of the district and to elect
4-1 initial directors. The election must be held:
4-2 (1) before the second anniversary of the effective
4-3 date of this Act; and
4-4 (2) concurrently with another election held by a
4-5 political subdivision.
4-6 (b) A person, including a temporary director, who desires to
4-7 be a candidate for the office of initial director may file an
4-8 application with the temporary board to have the candidate's name
4-9 printed on the ballot as provided by Chapter 144, Election Code.
4-10 (c) At the confirmation and initial directors' election, the
4-11 temporary board of directors shall have placed on the ballot the
4-12 names of the persons serving as temporary directors who intend to
4-13 run for an initial director's position together with the name of
4-14 any candidate filing for an initial director's position and blank
4-15 spaces to write in the names of other persons.
4-16 (d) If the district is created at the election, the
4-17 temporary board of directors, at the time the vote is canvassed,
4-18 shall:
4-19 (1) declare the qualified person who receives the most
4-20 votes for each position to be elected as the initial director for
4-21 that position; and
4-22 (2) include the results of the initial directors'
4-23 election in the district's election report to the Texas Natural
4-24 Resource Conservation Commission.
4-25 (e) Section 41.001(a), Election Code, does not apply to a
4-26 confirmation and initial directors' election held as provided by
4-27 this section.
5-1 (f) Except as provided by this section, a confirmation and
5-2 initial directors' election must be conducted as provided by
5-3 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-4 (g) If the establishment of the district has not been
5-5 confirmed at an election under this section before the fourth
5-6 anniversary of the effective date of this Act, this Act expires on
5-7 that date.
5-8 SECTION 10. SERVICE OF DIRECTORS. (a) Temporary directors
5-9 serve until initial directors are elected under Section 9 of this
5-10 Act.
5-11 (b) Initial directors serve until permanent directors are
5-12 elected under Section 11 of this Act.
5-13 (c) Permanent directors serve staggered four-year terms.
5-14 (d) A director serves until the director's successor has
5-15 qualified.
5-16 (e) Each director must qualify to serve as director in the
5-17 manner provided by Section 36.055, Water Code.
5-18 SECTION 11. ELECTION OF PERMANENT DIRECTORS. Beginning in
5-19 the second year after the year in which the district is authorized
5-20 to be created at a confirmation election, an election shall be held
5-21 in the district on the first Saturday in May for the election of
5-22 directors for precincts 1 and 3, to serve two-year terms, and
5-23 directors for precincts 2 and 4 and for the district at large, to
5-24 serve four-year terms. On the first Saturday in May of each
5-25 subsequent second year, the appropriate number of directors shall
5-26 be elected to the board.
5-27 SECTION 12. PROPERTY TAX. (a) The district may impose an
6-1 annual ad valorem tax on property located in the district if the
6-2 tax is approved by the majority of the qualified voters in the
6-3 district in an election called and held for that purpose.
6-4 (b) The district may not impose a tax at a rate higher than
6-5 that approved at an election.
6-6 (c) At the confirmation election, the district may include a
6-7 proposition for the voters to approve an annual ad valorem tax.
6-8 The tax rate may not exceed two cents for each $100 valuation.
6-9 (d) Notwithstanding Section 26.12, Tax Code, the district
6-10 may impose the approved tax for the entire year in which the
6-11 election authorizing the tax was held.
6-12 SECTION 13. ELECTION TO APPROVE BONDS OR NOTES. The
6-13 district may not issue or sell bonds or notes unless the action is
6-14 approved by a majority of the voters of the district voting at an
6-15 election called and held for that purpose.
6-16 SECTION 14. DISTRICT NAME. The board of directors may
6-17 change the district's name.
6-18 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-19 (a) The proper and legal notice of the intention to introduce this
6-20 Act, setting forth the general substance of this Act, has been
6-21 published as provided by law, and the notice and a copy of this Act
6-22 have been furnished to all persons, agencies, officials, or
6-23 entities to which they are required to be furnished by the
6-24 constitution and other laws of this state, including the governor,
6-25 who has submitted the notice and Act to the Texas Natural Resource
6-26 Conservation Commission.
6-27 (b) The Texas Natural Resource Conservation Commission has
7-1 filed its recommendations relating to this Act with the governor,
7-2 lieutenant governor, and speaker of the house of representatives
7-3 within the required time.
7-4 (c) All requirements of the constitution and laws of this
7-5 state and the rules and procedures of the legislature with respect
7-6 to the notice, introduction, and passage of this Act are fulfilled
7-7 and accomplished.
7-8 SECTION 16. EMERGENCY. The importance of this legislation
7-9 and the crowded condition of the calendars in both houses create an
7-10 emergency and an imperative public necessity that the
7-11 constitutional rule requiring bills to be read on three several
7-12 days in each house be suspended, and this rule is hereby suspended,
7-13 and that this Act take effect and be in force from and after its
7-14 passage, and it is so enacted.
7-15 COMMITTEE AMENDMENT NO. 1
7-16 Amend HB 3816 as follows:
7-17 (1) On page 1, line 3, and page 1, line 7, and page 1, line
7-18 16, strike "Wharton County" and substitute "Coastal Bend"
7-19 (2) On page 2, line 1, delete the designation of Subsection
7-20 "(a)" and on page 2, strike Subsection (b) in its entirety.
7-21 (3) On page 2, line 12, add a new Section 6 as follows"
7-22 "PURPOSES. The district is created to accomplish the following
7-23 purposes:
7-24 (1) to protect and preserve groundwater for the
7-25 benefit of the district;
7-26 (2) to assess and deter groundwater contamination;
7-27 (3) to assess groundwater levels throughout the
8-1 district;
8-2 (4) to promote water conservation where and when
8-3 conditions indicate; and
8-4 (5) to create and periodically update a water
8-5 management plan for the district that meets or exceeds the
8-6 requirements of the Texas Natural Resource Conservation
8-7 Commission;"
8-8 and renumber subsequent Sections appropriately.
8-9 Cook