By Uher H.B. No. 3850
76R14328 BDH-F
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. (a) Except as otherwise provided by
2-2 this 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 (b) The rights, powers, privileges, authority, functions,
2-10 and duties of the district are subject to the continuing right of
2-11 supervision of the state to be exercised by and through the Texas
2-12 Natural Resource Conservation Commission.
2-13 SECTION 6. ELECTION OF DIRECTORS. (a) Three directors
2-14 shall be elected by the qualified voters of the entire district,
2-15 and one director shall be elected from each county commissioners
2-16 precinct by the qualified voters of that precinct. The directors
2-17 elected from Precincts 1-4 occupy positions 1-4, respectively, on
2-18 the board. The at-large directors occupy positions 5-7,
2-19 respectively, on the board.
2-20 (b) A person shall indicate on the application for a place
2-21 on the ballot the position on the board for which the person is a
2-22 candidate.
2-23 (c) At the first election after the county commissioners
2-24 precincts are redrawn under Section 18, Article V, Texas
2-25 Constitution, four new directors shall be elected to represent the
2-26 precincts. The directors elected shall draw lots to determine
2-27 their terms.
3-1 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-2 governed by a board of seven directors.
3-3 (b) A vacancy in the office of director shall be filled by
3-4 appointment of the board until the next election for directors. At
3-5 the next election for directors, a person shall be elected to fill
3-6 the position. If the position is not scheduled to be filled at the
3-7 election, the person elected to fill the position shall serve only
3-8 for the remainder of the unexpired term.
3-9 (c) To be eligible to serve as director, a person must be a
3-10 registered voter in the precinct from which the person is elected
3-11 or appointed if representing a precinct or in the district if
3-12 representing the district at large.
3-13 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
3-14 serve until initial directors are elected under Section 10 of this
3-15 Act.
3-16 (b) Initial directors serve until permanent directors are
3-17 elected under Section 11 of this Act.
3-18 (c) Permanent directors serve staggered four-year terms.
3-19 (d) A director serves until the director's successor has
3-20 qualified.
3-21 (e) Each director must qualify to serve as director in the
3-22 manner provided by Section 36.055, Water Code.
3-23 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
3-24 directors is composed of:
3-25 Position No. Name
3-26 (1) Haskell Simon
3-27 (2) Herff Cornelius
4-1 (3) Bruce Herlin
4-2 (4) Wayne Ackerman
4-3 (5) George Harrison
4-4 (6) Billy Mann
4-5 (7) Bob Pennington
4-6 (b) If a temporary director fails to qualify for office, the
4-7 temporary directors who have qualified shall appoint a person to
4-8 fill the vacancy.
4-9 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-10 (a) The temporary board of directors shall call and hold an
4-11 election to confirm establishment of the district and to elect
4-12 initial directors.
4-13 (b) At the confirmation and initial directors' election, the
4-14 temporary board of directors shall have placed on the ballot the
4-15 name of any candidate, including a temporary director, filing for
4-16 an initial director's position and blank spaces to write in the
4-17 names of other persons.
4-18 (c) If the district is created at the election, the
4-19 temporary board of directors, at the time the vote is canvassed,
4-20 shall:
4-21 (1) declare the qualified person who receives the most
4-22 votes for each position to be elected as the initial director for
4-23 that position; and
4-24 (2) include the results of the initial directors'
4-25 election in the district's election report to the Texas Natural
4-26 Resource Conservation Commission.
4-27 (d) Section 41.001(a), Election Code, does not apply to a
5-1 confirmation and initial directors' election held as provided by
5-2 this section.
5-3 (e) Except as provided by this section, a confirmation and
5-4 initial directors' election must be conducted as provided by
5-5 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-6 (f) If a majority of the votes cast at the election favor
5-7 the creation of the district, the temporary directors shall declare
5-8 the district created. If a majority of the votes cast at the
5-9 election are against the creation of the district, the temporary
5-10 directors shall declare the district defeated. The temporary
5-11 directors shall file a copy of the election results with the Texas
5-12 Natural Resource Conservation Commission.
5-13 (g) If a majority of the votes cast at the election are
5-14 against the creation of the district, the temporary directors may
5-15 call and hold subsequent elections to confirm establishment of the
5-16 district. A subsequent election may not be held earlier than the
5-17 first anniversary after the date on which the previous election was
5-18 held. If the district is not created before the fifth anniversary
5-19 of the effective date of this Act, this Act expires.
5-20 (h) The initial directors for positions 1, 3, 5, and 7 shall
5-21 serve until the first regular meeting of the board of directors
5-22 following the first permanent directors' election under Section 11
5-23 of this Act. The initial directors for positions 2, 4, and 6 shall
5-24 serve until the first regular meeting of the board of directors
5-25 following the second permanent directors' election under Section 11
5-26 of this Act.
5-27 SECTION 11. ELECTION OF PERMANENT DIRECTORS. Beginning in
6-1 the second year after the year in which the district is authorized
6-2 to be created at a confirmation election and every subsequent two
6-3 years, the board of directors of the district shall call an
6-4 election to be held in the district on any uniform election date
6-5 provided by Section 41.001, Election Code, to elect the appropriate
6-6 number of directors to the board. If the board changes the uniform
6-7 election date for directors' elections, the district shall adjust
6-8 the terms of office to conform to the new election date.
6-9 SECTION 12. DISTRICT REVENUES. To pay for the maintenance
6-10 and operating costs of the district and to pay any bonds issued by
6-11 the district, the district may:
6-12 (1) impose an ad valorem tax at a rate not to exceed
6-13 two and one-half cents for each $100 of taxable value of property
6-14 in the district;
6-15 (2) assess fees for services or for water withdrawn
6-16 from wells; or
6-17 (3) solicit and accept grants from any public or
6-18 private source.
6-19 SECTION 13. STATUTORY INTERPRETATION. Except as otherwise
6-20 provided by this Act, if there is a conflict between this Act and
6-21 Chapter 36 or 49, Water Code, this Act controls. If there is a
6-22 conflict between Chapters 36 and 49, Water Code, Chapter 36
6-23 controls.
6-24 SECTION 14. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-25 (a) The proper and legal notice of the intention to introduce this
6-26 Act, setting forth the general substance of this Act, has been
6-27 published as provided by law, and the notice and a copy of this Act
7-1 have been furnished to all persons, agencies, officials, or
7-2 entities to which they are required to be furnished by the
7-3 constitution and other laws of this state, including the governor,
7-4 who has submitted the notice and Act to the Texas Natural Resource
7-5 Conservation Commission.
7-6 (b) The Texas Natural Resource Conservation Commission has
7-7 filed its recommendations relating to this Act with the governor,
7-8 lieutenant governor, and speaker of the house of representatives
7-9 within the required time.
7-10 (c) All requirements of the constitution and laws of this
7-11 state and the rules and procedures of the legislature with respect
7-12 to the notice, introduction, and passage of this Act are fulfilled
7-13 and accomplished.
7-14 SECTION 15. EMERGENCY. The importance of this legislation
7-15 and the crowded condition of the calendars in both houses create an
7-16 emergency and an imperative public necessity that the
7-17 constitutional rule requiring bills to be read on three several
7-18 days in each house be suspended, and this rule is hereby suspended,
7-19 and that this Act take effect and be in force from and after its
7-20 passage, and it is so enacted.
7-21 COMMITTEE AMENDMENT NO. 1
7-22 Amend H.B. 3850 as follows:
7-23 (1) On page 2, line 9, delete subsection (b) in its
7-24 entirety.
7-25 (2) On page 5, line 18, delete "fifth" and substitute
7-26 "second"
7-27 Walker