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.