By Uher H.B. No. 3850
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Coastal Plains Groundwater
1-3 Conservation District and the authorization of the district to
1-4 impose an ad valorem tax.
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 Coastal Plains Groundwater
1-8 Conservation District, is created in Matagorda County, subject to
1-9 approval at a confirmation and initial directors' election under
1-10 Section 10 of this Act. The district is a governmental agency and
1-11 a body politic and corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Coastal Plains Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Matagorda County, Texas.
1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-20 property included within the boundaries of the district will be
1-21 benefited by the works and projects that are to be accomplished by
1-22 the district under powers conferred by Section 59, Article XVI,
1-23 Texas Constitution. The district is created to serve a public use
1-24 and benefit.
2-1 SECTION 5. POWERS. Except as otherwise provided by this
2-2 Act, the district has all of the rights, powers, privileges,
2-3 authority, functions, and duties provided by the general law of
2-4 this state, including Chapter 36, Water Code, applicable to
2-5 groundwater conservation districts created under Section 59,
2-6 Article XVI, Texas Constitution. This Act prevails over any
2-7 provision of general law that is in conflict with or inconsistent
2-8 with this Act.
2-9 SECTION 6. ELECTION OF DIRECTORS. (a) Three directors
2-10 shall be elected by the qualified voters of the entire district,
2-11 and one director shall be elected from each county commissioners
2-12 precinct by the qualified voters of that precinct. The directors
2-13 elected from Precincts 1-4 occupy positions 1-4, respectively, on
2-14 the board. The at-large directors occupy positions 5-7,
2-15 respectively, on the board.
2-16 (b) A person shall indicate on the application for a place
2-17 on the ballot the position on the board for which the person is a
2-18 candidate.
2-19 (c) At the first election after the county commissioners
2-20 precincts are redrawn under Section 18, Article V, Texas
2-21 Constitution, four new directors shall be elected to represent the
2-22 precincts. The directors elected shall draw lots to determine
2-23 their terms.
2-24 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-25 governed by a board of seven directors.
2-26 (b) A vacancy in the office of director shall be filled by
2-27 appointment of the board until the next election for directors. At
3-1 the next election for directors, a person shall be elected to fill
3-2 the position. If the position is not scheduled to be filled at the
3-3 election, the person elected to fill the position shall serve only
3-4 for the remainder of the unexpired term.
3-5 (c) To be eligible to serve as director, a person must be a
3-6 registered voter in the precinct from which the person is elected
3-7 or appointed if representing a precinct or in the district if
3-8 representing the district at large.
3-9 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
3-10 serve until initial directors are elected under Section 10 of this
3-11 Act.
3-12 (b) Initial directors serve until permanent directors are
3-13 elected under Section 11 of this Act.
3-14 (c) Permanent directors serve staggered four-year terms.
3-15 (d) A director serves until the director's successor has
3-16 qualified.
3-17 (e) Each director must qualify to serve as director in the
3-18 manner provided by Section 36.055, Water Code.
3-19 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
3-20 directors is composed of:
3-21 Position No. Name
3-22 (1) Haskell Simon
3-23 (2) Herff Cornelius
3-24 (3) Bruce Herlin
3-25 (4) Wayne Ackerman
3-26 (5) George Harrison
3-27 (6) Billy Mann
4-1 (7) Bob Pennington
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.
4-5 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-6 (a) The temporary board of directors shall call and hold an
4-7 election to confirm establishment of the district and to elect
4-8 initial directors.
4-9 (b) At the confirmation and initial directors' election, the
4-10 temporary board of directors shall have placed on the ballot the
4-11 name of any candidate, including a temporary director, filing for
4-12 an initial director's position and blank spaces to write in the
4-13 names of other persons.
4-14 (c) If the district is created at the election, the
4-15 temporary board of directors, at the time the vote is canvassed,
4-16 shall:
4-17 (1) declare the qualified person who receives the most
4-18 votes for each position to be elected as the initial director for
4-19 that position; and
4-20 (2) include the results of the initial directors'
4-21 election in the district's election report to the Texas Natural
4-22 Resource Conservation Commission.
4-23 (d) Section 41.001(a), Election Code, does not apply to a
4-24 confirmation and initial directors' election held as provided by
4-25 this section.
4-26 (e) Except as provided by this section, a confirmation and
4-27 initial directors' election must be conducted as provided by
5-1 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-2 (f) If a majority of the votes cast at the election favor
5-3 the creation of the district, the temporary directors shall declare
5-4 the district created. If a majority of the votes cast at the
5-5 election are against the creation of the district, the temporary
5-6 directors shall declare the district defeated. The temporary
5-7 directors shall file a copy of the election results with the Texas
5-8 Natural Resource Conservation Commission.
5-9 (g) If a majority of the votes cast at the election are
5-10 against the creation of the district, the temporary directors may
5-11 call and hold subsequent elections to confirm establishment of the
5-12 district. A subsequent election may not be held earlier than the
5-13 first anniversary after the date on which the previous election was
5-14 held. If the district is not created before the second anniversary
5-15 of the effective date of this Act, this Act expires.
5-16 (h) The initial directors for positions 1, 3, 5, and 7 shall
5-17 serve until the first regular meeting of the board of directors
5-18 following the first permanent directors' election under Section 11
5-19 of this Act. The initial directors for positions 2, 4, and 6 shall
5-20 serve until the first regular meeting of the board of directors
5-21 following the second permanent directors' election under Section 11
5-22 of this Act.
5-23 SECTION 11. ELECTION OF PERMANENT DIRECTORS. Beginning in
5-24 the second year after the year in which the district is authorized
5-25 to be created at a confirmation election and every subsequent two
5-26 years, the board of directors of the district shall call an
5-27 election to be held in the district on any uniform election date
6-1 provided by Section 41.001, Election Code, to elect the appropriate
6-2 number of directors to the board. If the board changes the uniform
6-3 election date for directors' elections, the district shall adjust
6-4 the terms of office to conform to the new election date.
6-5 SECTION 12. DISTRICT REVENUES. To pay for the maintenance
6-6 and operating costs of the district and to pay any bonds issued by
6-7 the district, the district may:
6-8 (1) impose an ad valorem tax at a rate not to exceed
6-9 two and one-half cents for each $100 of taxable value of property
6-10 in the district;
6-11 (2) assess fees for services or for water withdrawn
6-12 from wells; or
6-13 (3) solicit and accept grants from any public or
6-14 private source.
6-15 SECTION 13. STATUTORY INTERPRETATION. Except as otherwise
6-16 provided by this Act, if there is a conflict between this Act and
6-17 Chapter 36 or 49, Water Code, this Act controls. If there is a
6-18 conflict between Chapters 36 and 49, Water Code, Chapter 36
6-19 controls.
6-20 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-21 (a) The proper and legal notice of the intention to introduce this
6-22 Act, setting forth the general substance of this Act, has been
6-23 published as provided by law, and the notice and a copy of this Act
6-24 have been furnished to all persons, agencies, officials, or
6-25 entities to which they are required to be furnished by the
6-26 constitution and other laws of this state, including the governor,
6-27 who has submitted the notice and Act to the Texas Natural Resource
7-1 Conservation Commission.
7-2 (b) The Texas Natural Resource Conservation Commission has
7-3 filed its recommendations relating to this Act with the governor,
7-4 lieutenant governor, and speaker of the house of representatives
7-5 within the required time.
7-6 (c) All requirements of the constitution and laws of this
7-7 state and the rules and procedures of the legislature with respect
7-8 to the notice, introduction, and passage of this Act are fulfilled
7-9 and accomplished.
7-10 SECTION 15. EMERGENCY. The importance of this legislation
7-11 and the crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended,
7-15 and that this Act take effect and be in force from and after its
7-16 passage, and it is so enacted.