By Hawley H.B. No. 3831 76R12059 MI-D 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 Refugio Groundwater Conservation 1-4 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 Refugio Groundwater Conservation 1-8 District, is created in Refugio County, subject to approval at a 1-9 confirmation election under Section 8 of this Act. The district is 1-10 a governmental agency and a body politic and corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 SECTION 2. DEFINITIONS. In this Act: 1-15 (1) "Commissioners court" means the Commissioners 1-16 Court of Refugio County. 1-17 (2) "District" means the Refugio Groundwater 1-18 Conservation District. 1-19 SECTION 3. BOUNDARIES. The boundaries of the district are 1-20 coextensive with the boundaries of Refugio County. 1-21 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-22 property included within the boundaries of the district will be 1-23 benefited by the works and projects that are to be accomplished by 1-24 the district under powers conferred by Section 59, Article XVI, 2-1 Texas Constitution. The district is created to serve a public use 2-2 and benefit. 2-3 SECTION 5. POWERS. The district has all of the rights, 2-4 powers, privileges, authority, functions, and duties provided by 2-5 the general law of this state, including Chapter 36, Water Code, 2-6 applicable to groundwater conservation districts created under 2-7 Section 59, Article XVI, Texas Constitution. Chapter 49, Water 2-8 Code, does not apply to the district. This Act prevails over any 2-9 provision of general law that is in conflict or inconsistent with 2-10 this Act. 2-11 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-12 governed by a board of three directors appointed by the 2-13 commissioners court. 2-14 (b) Temporary directors serve until initial directors are 2-15 appointed under Section 9 of this Act. 2-16 (c) Initial directors serve until permanent directors are 2-17 appointed under Section 9 of this Act. 2-18 (d) Permanent directors serve staggered four-year terms. 2-19 (e) Each director must qualify to serve as director in the 2-20 manner provided by Section 36.055, Water Code. 2-21 (f) A director serves until the director's successor has 2-22 qualified. 2-23 SECTION 7. TEMPORARY DIRECTORS. (a) The commissioners 2-24 court shall appoint three temporary directors. 2-25 (b) If a temporary director fails to qualify for office or 2-26 if there is at any time a vacancy on the temporary board of 2-27 directors, the commissioners court shall appoint a person to fill 3-1 the vacancy. 3-2 SECTION 8. CONFIRMATION ELECTION. (a) The temporary board 3-3 of directors shall call and hold an election to confirm 3-4 establishment of the district. 3-5 (b) Section 41.001(a), Election Code, does not apply to a 3-6 confirmation election held as provided by this section. 3-7 (c) Except as provided by this section, a confirmation 3-8 election must be conducted as provided by Sections 36.017(b)-(h), 3-9 Water Code, and the Election Code. 3-10 SECTION 9. APPOINTMENT OF INITIAL AND PERMANENT DIRECTORS. 3-11 (a) If the district is created at the confirmation election held 3-12 under Section 8 of this Act, the commissioners court shall appoint 3-13 three persons to serve as initial directors. 3-14 (b) The three initial directors shall draw lots to determine 3-15 which director will serve a term expiring January 15 of the year 3-16 following the first anniversary of the confirmation of the district 3-17 at an election held under Section 8 and which two directors will 3-18 serve terms expiring January 15 of the year following the third 3-19 anniversary of the confirmation of the district. 3-20 (c) When the term of an initial director expires, the 3-21 commissioners court shall appoint a permanent director to serve a 3-22 four-year term. 3-23 SECTION 10. ADDITIONAL POWERS. (a) Except as provided by 3-24 Subsection (b) of this section, the district by rule shall prohibit 3-25 the sale of groundwater outside the district. 3-26 (b) The district may not prohibit the sale of groundwater 3-27 outside the district by the commissioners court. 4-1 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 4-2 (a) The proper and legal notice of the intention to introduce this 4-3 Act, setting forth the general substance of this Act, has been 4-4 published as provided by law, and the notice and a copy of this Act 4-5 have been furnished to all persons, agencies, officials, or 4-6 entities to which they are required to be furnished by the 4-7 constitution and other laws of this state, including the governor, 4-8 who has submitted the notice and Act to the Texas Natural Resource 4-9 Conservation Commission. 4-10 (b) The Texas Natural Resource Conservation Commission has 4-11 filed its recommendations relating to this Act with the governor, 4-12 lieutenant governor, and speaker of the house of representatives 4-13 within the required time. 4-14 (c) All requirements of the constitution and laws of this 4-15 state and the rules and procedures of the legislature with respect 4-16 to the notice, introduction, and passage of this Act are fulfilled 4-17 and accomplished. 4-18 SECTION 12. EXPIRATION OF ACT IF DISTRICT NOT CONFIRMED. 4-19 This Act expires on the second anniversary of the effective date of 4-20 this Act if, before that date, the establishment of the district 4-21 has not been confirmed at a confirmation election held under 4-22 Section 8 of this Act. 4-23 SECTION 13. EMERGENCY. The importance of this legislation 4-24 and the crowded condition of the calendars in both houses create an 4-25 emergency and an imperative public necessity that the 4-26 constitutional rule requiring bills to be read on three several 4-27 days in each house be suspended, and this rule is hereby suspended, 5-1 and that this Act take effect and be in force from and after its 5-2 passage, and it is so enacted.