1-1 By: Kuempel (Senate Sponsor - Armbrister) H.B. No. 3817
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the boundaries, confirmation election, administration,
1-9 powers, duties, operation, and financing of the Guadalupe County
1-10 Groundwater Conservation District.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 3, Chapter 1066, Acts of the 75th
1-13 Legislature, Regular Session, 1997, is amended to read as follows:
1-14 Sec. 3. BOUNDARIES. The boundaries of the district include
1-15 the territory contained in the part of Guadalupe County beginning
1-16 at the Guadalupe County-Bexar County-Wilson County line at the
1-17 intersect of the Guadalupe County-Bexar County-Wilson County line
1-18 and Interstate Highway 10 on the southwest side of Guadalupe
1-19 County;
1-20 THENCE northeast along Interstate Highway 10 to the intersect
1-21 of Interstate Highway 10 and State Highway 123;
1-22 THENCE north along State Highway 123 to the intersect of
1-23 State Highway 123 and Farm-to-Market Road 20;
1-24 THENCE northeast along Farm-to-Market Road 20 to the
1-25 intersect of Farm-to-Market Road 20 and Guadalupe County-Caldwell
1-26 County line at the San Marcos river;
1-27 THENCE southeast along the Guadalupe County-Caldwell County
1-28 line along the San Marcos river to the intersect of the Guadalupe
1-29 County-Caldwell County line and the Guadalupe County-Gonzales
1-30 County line;
1-31 THENCE southwest along the Guadalupe County-Gonzales County
1-32 line to the intersect of the Guadalupe County-Gonzales County line
1-33 and the Guadalupe County-Wilson County line;
1-34 THENCE west along the Guadalupe County-Wilson County line to
1-35 the intersect of the Guadalupe County-Wilson County line and the
1-36 Guadalupe County-Bexar County-Wilson County line at Cibolo creek;
1-37 THENCE northwest along the Guadalupe County-Bexar
1-38 County-Wilson County line along Cibolo creek to the place of
1-39 beginning [are coextensive with the boundaries of Guadalupe
1-40 County].
1-41 SECTION 2. Sections 5(a), (c), and (d), Chapter 1066, Acts
1-42 of the 75th Legislature, Regular Session, 1997, are amended to read
1-43 as follows:
1-44 (a) Except as provided by Subsection (c) [(d)] of this
1-45 section, the district has all of the rights, powers, privileges,
1-46 authority, functions, and duties provided by the general law of
1-47 this state, including Chapters 36 and 49, Water Code, applicable to
1-48 groundwater conservation districts created under Section 59,
1-49 Article XVI, Texas Constitution. This Act prevails over any
1-50 provision of general law that is in conflict or inconsistent with
1-51 this Act.
1-52 (c) [Notwithstanding Subsection (a) of this section, the
1-53 following provisions prevail over a conflicting or inconsistent
1-54 provision in this Act:]
1-55 [(1) Sections 36.107 and 36.108, Water Code; and]
1-56 [(2) Subchapter I, Chapter 36, Water Code.]
1-57 [(d)] The district may not impose:
1-58 (1) a tax; or
1-59 (2) a fee on a well used exclusively for domestic or
1-60 livestock watering purposes [or fee].
1-61 SECTION 3. Section 6, Chapter 1066, Acts of the 75th
1-62 Legislature, Regular Session, 1997, is amended by amending
1-63 Subsection (a) and adding Subsections (g), (h), and (i) to read as
1-64 follows:
2-1 (a) The district is governed by a board of seven [five]
2-2 directors to be elected from single-member districts to be
2-3 determined by the Guadalupe County Commissioners Court.
2-4 (g) A director may not serve more than two consecutive
2-5 four-year terms.
2-6 (h) To be qualified to be elected as a director, a person
2-7 must be a registered voter in the single-member district that the
2-8 person represents.
2-9 (i) Section 36.059(b), Water Code, does not apply to the
2-10 district.
2-11 SECTION 4. Section 7, Chapter 1066, Acts of the 75th
2-12 Legislature, Regular Session, 1997, is amended to read as follows:
2-13 Sec. 7. TEMPORARY DIRECTORS. (a) The temporary board of
2-14 directors is composed of:
2-15 (1) Norwin Vogel [Jess Hoermann];
2-16 (2) Ronald Naumann;
2-17 (3) Gloria Rivera [Gus Person];
2-18 (4) Andy Batey [Edward Springs]; [and]
2-19 (5) James (Tuddy) Dietz;
2-20 (6) Hilmar Blumberg; and
2-21 (7) Mark Wallach.
2-22 (b) If a temporary director fails to qualify for office, the
2-23 temporary directors who have qualified shall appoint a person to
2-24 fill the vacancy. If at any time there are fewer than four [three]
2-25 qualified temporary directors, the Texas Natural Resource
2-26 Conservation Commission shall appoint the necessary number of
2-27 persons to fill all vacancies on the board.
2-28 SECTION 5. Sections 8(a) and (b), Chapter 1066, Acts of the
2-29 75th Legislature, Regular Session, 1997, are amended to read as
2-30 follows:
2-31 (a) The temporary board of directors shall call and hold an
2-32 election to confirm establishment of the district and to elect
2-33 seven [five] initial directors.
2-34 (b) At the confirmation and initial directors' election, the
2-35 temporary board of directors shall have the names of the [five]
2-36 persons serving as temporary directors who intend to run for an
2-37 initial director's office placed on the ballot together with the
2-38 name of any candidate filing for the office of director and blank
2-39 spaces to write in the names of other persons. If the district is
2-40 created at the election, the temporary directors, at the time the
2-41 vote is canvassed, shall declare the seven [five] persons who
2-42 receive the most votes to be elected as the initial directors and
2-43 shall include the results of the directors' election in the
2-44 district's election report to the Texas Natural Resource
2-45 Conservation Commission.
2-46 SECTION 6. Section 9(a), Chapter 1066, Acts of the 75th
2-47 Legislature, Regular Session, 1997, is amended to read as follows:
2-48 (a) On the first Saturday in May of the second year after
2-49 the year in which the district is authorized to be created at a
2-50 confirmation election, an election shall be held in the district
2-51 for the election of three [two] directors, each of whom shall serve
2-52 a two-year term, and four [three] directors, each of whom shall
2-53 serve a four-year term.
2-54 SECTION 7. (a) The proper and legal notice of the intention
2-55 to introduce this Act, setting forth the general substance of this
2-56 Act, has been published as provided by law, and the notice and a
2-57 copy of this Act have been furnished to all persons, agencies,
2-58 officials, or entities to which they are required to be furnished
2-59 by the constitution and other laws of this state, including the
2-60 governor, who has submitted the notice and Act to the Texas Natural
2-61 Resource Conservation Commission.
2-62 (b) The Texas Natural Resource Conservation Commission has
2-63 filed its recommendations relating to this Act with the governor,
2-64 lieutenant governor, and speaker of the house of representatives
2-65 within the required time.
2-66 (c) All requirements of the constitution and laws of this
2-67 state and the rules and procedures of the legislature with respect
2-68 to the notice, introduction, and passage of this Act are fulfilled
2-69 and accomplished.
3-1 SECTION 8. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.
3-8 * * * * *