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