1-1                                   AN ACT
 1-2     relating to the boundaries, confirmation election, administration,
 1-3     powers, duties, operation, and financing of the Guadalupe County
 1-4     Groundwater Conservation District.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 3, Chapter 1066, Acts of the 75th
 1-7     Legislature, Regular Session, 1997, is amended to read as follows:
 1-8           Sec. 3.  BOUNDARIES.  The boundaries of the district include
 1-9     the territory contained in the part of Guadalupe County beginning
1-10     at the Guadalupe County-Bexar County-Wilson County line at the
1-11     intersect of the Guadalupe County-Bexar County-Wilson County line
1-12     and Interstate Highway 10 on the southwest side of Guadalupe
1-13     County;
1-14           THENCE northeast along Interstate Highway 10 to the intersect
1-15     of Interstate Highway 10 and State Highway 123;
1-16           THENCE north along State Highway 123 to the intersect of
1-17     State Highway 123 and Farm-to-Market Road 20;
1-18           THENCE northeast along Farm-to-Market Road 20 to the
1-19     intersect of Farm-to-Market Road 20 and Guadalupe County-Caldwell
1-20     County line at the San Marcos river;
1-21           THENCE southeast along the Guadalupe County-Caldwell County
1-22     line along the San Marcos river to the intersect of the Guadalupe
1-23     County-Caldwell County line and the Guadalupe County-Gonzales
1-24     County line;
 2-1           THENCE southwest along the Guadalupe County-Gonzales County
 2-2     line to the intersect of the Guadalupe County-Gonzales County line
 2-3     and the Guadalupe County-Wilson County line;
 2-4           THENCE west along the Guadalupe County-Wilson County line to
 2-5     the intersect of the Guadalupe County-Wilson County line and the
 2-6     Guadalupe County-Bexar County-Wilson County line at Cibolo creek;
 2-7           THENCE northwest along the Guadalupe County-Bexar
 2-8     County-Wilson County line along Cibolo creek to the place of
 2-9     beginning [are coextensive with the boundaries of Guadalupe
2-10     County].
2-11           SECTION 2.  Sections 5(a), (c), and (d), Chapter 1066, Acts
2-12     of the 75th Legislature, Regular Session, 1997, are amended to read
2-13     as follows:
2-14           (a)  Except as provided by Subsection (c) [(d)] of this
2-15     section, the district has all of the rights, powers, privileges,
2-16     authority, functions, and duties provided by the general law of
2-17     this state, including Chapters 36 and 49, Water Code, applicable to
2-18     groundwater conservation districts created under Section 59,
2-19     Article XVI, Texas Constitution.  This Act prevails over any
2-20     provision of general law that is in conflict or inconsistent with
2-21     this Act.
2-22           (c)  [Notwithstanding Subsection (a) of this section, the
2-23     following provisions prevail over a conflicting or inconsistent
2-24     provision in this Act:]
2-25                 [(1)  Sections 36.107 and 36.108, Water Code; and]
2-26                 [(2)  Subchapter I, Chapter 36, Water Code.]
2-27           [(d)]  The district may not impose:
 3-1                 (1)  a tax; or
 3-2                 (2)  a fee on a well used exclusively for domestic or
 3-3     livestock watering purposes [or fee].
 3-4           SECTION 3.  Section 6, Chapter 1066, Acts of the 75th
 3-5     Legislature, Regular Session, 1997, is amended by amending
 3-6     Subsection (a) and adding Subsections (g), (h), and (i) to read as
 3-7     follows:
 3-8           (a)  The district is governed by a board of seven [five]
 3-9     directors to be elected from single-member districts to be
3-10     determined by the Guadalupe County Commissioners Court.
3-11           (g)  A director may not serve more than two consecutive
3-12     four-year terms.
3-13           (h)  To be qualified to be elected as a director, a person
3-14     must be a registered voter in the single-member district that the
3-15     person represents.
3-16           (i)  Section 36.059(b), Water Code, does not apply to the
3-17     district.
3-18           SECTION 4.  Section 7, Chapter 1066, Acts of the 75th
3-19     Legislature, Regular Session, 1997, is amended to read as follows:
3-20           Sec. 7.  TEMPORARY DIRECTORS. (a) The temporary board of
3-21     directors is composed of:
3-22                 (1)  Norwin Vogel [Jess Hoermann];
3-23                 (2)  Ronald Naumann;
3-24                 (3)  Gloria Rivera [Gus Person];
3-25                 (4)  Andy Batey [Edward Springs]; [and]
3-26                 (5)  James (Tuddy) Dietz;
3-27                 (6)  Hilmar Blumberg; and
 4-1                 (7)  Mark Wallach.
 4-2           (b)  If a temporary director fails to qualify for office, the
 4-3     temporary directors who have qualified shall appoint a person to
 4-4     fill the vacancy.  If at any time there are fewer than four [three]
 4-5     qualified temporary directors, the Texas Natural Resource
 4-6     Conservation Commission shall appoint the necessary number of
 4-7     persons to fill all vacancies on the board.
 4-8           SECTION 5.  Sections 8(a) and (b), Chapter 1066, Acts of the
 4-9     75th Legislature, Regular Session, 1997, are amended to read as
4-10     follows:
4-11           (a)  The temporary board of directors shall call and hold an
4-12     election to confirm establishment of the district and to elect
4-13     seven [five] initial directors.
4-14           (b)  At the confirmation and initial directors' election, the
4-15     temporary board of directors shall have the names of the [five]
4-16     persons serving as temporary directors who intend to run for an
4-17     initial director's office placed on the ballot together with the
4-18     name of any candidate filing for the office of director and blank
4-19     spaces to write in the names of other persons. If the district is
4-20     created at the election, the temporary directors, at the time the
4-21     vote is canvassed, shall declare the seven [five] persons who
4-22     receive the most votes to be elected as the initial directors and
4-23     shall include the results of the directors' election in the
4-24     district's election report to the Texas Natural Resource
4-25     Conservation Commission.
4-26           SECTION 6.  Section 9(a), Chapter 1066, Acts of the 75th
4-27     Legislature, Regular Session, 1997, is amended to read as follows:
 5-1           (a)  On the first Saturday in May of the second year after
 5-2     the year in which the district is authorized to be created at a
 5-3     confirmation election, an election shall be held in the district
 5-4     for the election of three [two] directors, each of whom shall serve
 5-5     a two-year term, and four [three] directors, each of whom shall
 5-6     serve a four-year term.
 5-7           SECTION 7.  (a) The proper and legal notice of the intention
 5-8     to introduce this Act, setting forth the general substance of this
 5-9     Act, has been published as provided by law, and the notice and a
5-10     copy of this Act have been furnished to all persons, agencies,
5-11     officials, or entities to which they are required to be furnished
5-12     by the constitution and other laws of this state, including the
5-13     governor, who has submitted the notice and Act to the Texas Natural
5-14     Resource Conservation Commission.
5-15           (b)  The Texas Natural Resource Conservation Commission has
5-16     filed its recommendations relating to this Act with the governor,
5-17     lieutenant governor, and speaker of the house of representatives
5-18     within the required time.
5-19           (c)  All requirements of the constitution and laws of this
5-20     state and the rules and procedures of the legislature with respect
5-21     to the notice, introduction, and passage of this Act are fulfilled
5-22     and accomplished.
5-23           SECTION 8.  The importance of this legislation and the
5-24     crowded condition of the calendars in both houses create an
5-25     emergency and an imperative public necessity that the
5-26     constitutional rule requiring bills to be read on three several
5-27     days in each house be suspended, and this rule is hereby suspended,
 6-1     and that this Act take effect and be in force from and after its
 6-2     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3817 was passed by the House on May
         4, 1999, by the following vote:  Yeas 144, Nays 0, 2 present, not
         voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3817 was passed by the Senate on May
         26, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor