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.