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.