By Zaffirini S.B. No. 1829
76R5250 MDR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the McMullen County Groundwater
1-3 Conservation District; authorizing the issuance of bonds, the
1-4 imposition of taxes, and the use of the power of eminent domain.
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 McMullen County Groundwater
1-8 Conservation District, is created in McMullen County, subject to
1-9 approval at a confirmation election under Section 8 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 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 McMullen County Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of McMullen County.
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) The district has all of the rights,
2-2 powers, privileges, authority, functions, and duties provided by
2-3 the general law of this state, including Chapters 36 and 49, Water
2-4 Code, applicable to groundwater conservation districts created
2-5 under Section 59, Article XVI, Texas Constitution. This Act
2-6 prevails over any provision of general law that is in conflict or
2-7 inconsistent with this Act.
2-8 (b) The rights, powers, privileges, authority, functions,
2-9 and duties of the district are subject to the continuing right of
2-10 supervision of the state to be exercised by and through the Texas
2-11 Natural Resource Conservation Commission.
2-12 (c) Notwithstanding Subsection (a) of this section, the
2-13 following provisions prevail over a conflicting or inconsistent
2-14 provision in this Act:
2-15 (1) Sections 36.107-36.108, Water Code;
2-16 (2) Sections 36.159-36.161, Water Code; and
2-17 (3) Subchapter I, Chapter 36, Water Code.
2-18 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-19 governed by a board of five directors. One director shall be
2-20 elected by the voters from the district at large, and one director
2-21 shall be elected from each county commissioners precinct by the
2-22 voters of that precinct.
2-23 (b) Temporary directors serve until initial directors are
2-24 elected under Section 8 of this Act.
2-25 (c) Initial directors serve until permanent directors are
2-26 elected under Section 9 of this Act.
2-27 (d) Permanent directors serve staggered four-year terms.
3-1 (e) Each director must qualify to serve as director in the
3-2 manner provided by Section 36.055, Water Code.
3-3 (f) A person is not eligible to serve as an initial or
3-4 permanent director unless the person owns land in the district.
3-5 (g) A director serves until the director's successor has
3-6 qualified.
3-7 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
3-8 directors is composed of:
3-9 (1) Clifford R. McTee;
3-10 (2) Larry L. Miles;
3-11 (3) David Longan;
3-12 (4) J. E. Wheeler, Jr.; and
3-13 (5) Clifton Wheeler, Jr.
3-14 (b) If a temporary director fails to qualify for office, the
3-15 temporary directors who have qualified shall appoint a person to
3-16 fill the vacancy. If at any time there are fewer than three
3-17 qualified temporary directors, the Texas Natural Resource
3-18 Conservation Commission shall appoint the necessary number of
3-19 persons to fill all vacancies on the board.
3-20 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
3-21 (a) The temporary board of directors shall call and hold an
3-22 election to confirm establishment of the district and to elect
3-23 initial directors.
3-24 (b) At the confirmation and initial directors' election, the
3-25 temporary board of directors shall have placed on the ballot the
3-26 names of the persons serving as temporary directors who intend to
3-27 run for an initial director's position together with the name of
4-1 any candidate filing for an initial director's position and blank
4-2 spaces to write in the names of other persons.
4-3 (c) If the district is created at the election, the
4-4 temporary board of directors, at the time the vote is canvassed,
4-5 shall:
4-6 (1) declare the qualified person who receives the most
4-7 votes for each position to be elected as the initial director for
4-8 that position; and
4-9 (2) include the results of the initial directors'
4-10 election in the district's election report to the Texas Natural
4-11 Resource Conservation Commission.
4-12 (d) Section 41.001(a), Election Code, does not apply to a
4-13 confirmation and initial directors' election held as provided by
4-14 this section.
4-15 (e) Except as provided by this section, a confirmation and
4-16 initial directors' election must be conducted as provided by
4-17 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-18 SECTION 9. ELECTION OF PERMANENT DIRECTORS. (a) On the
4-19 first Saturday in October of the second year after the year in
4-20 which the district is authorized to be created at a confirmation
4-21 election, an election shall be held in the district for the
4-22 election of directors from county commissioners precincts one and
4-23 three, each of whom shall serve a two-year term, and directors from
4-24 county commissioners precincts two and four and the director at
4-25 large, each of whom shall serve a four-year term.
4-26 (b) On the first Saturday in October of each subsequent
4-27 second year following the election, the appropriate number of
5-1 directors shall be elected to the board, each of whom shall serve a
5-2 four-year term.
5-3 (c) At the first election for directors after the county
5-4 commissioners precincts are redrawn under Section 18, Article V,
5-5 Texas Constitution, one new director shall be elected from each
5-6 newly drawn precinct. The directors elected shall draw lots to
5-7 determine which two newly elected directors shall serve initial
5-8 two-year terms.
5-9 SECTION 10. LIMITATION ON TAXATION. The district may not
5-10 impose an ad valorem tax at a rate that exceeds five cents on the
5-11 $100 valuation of taxable property in the district.
5-12 SECTION 11. STATUTORY INTERPRETATION. Except as otherwise
5-13 provided by this Act, if there is a conflict between this Act and
5-14 Chapter 36 or 49, Water Code, this Act controls. If there is a
5-15 conflict between Chapters 36 and 49, Water Code, Chapter 36
5-16 controls.
5-17 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
5-18 (a) The proper and legal notice of the intention to introduce this
5-19 Act, setting forth the general substance of this Act, has been
5-20 published as provided by law, and the notice and a copy of this Act
5-21 have been furnished to all persons, agencies, officials, or
5-22 entities to which they are required to be furnished by the
5-23 constitution and other laws of this state, including the governor,
5-24 who has submitted the notice and Act to the Texas Natural Resource
5-25 Conservation Commission.
5-26 (b) The Texas Natural Resource Conservation Commission has
5-27 filed its recommendations relating to this Act with the governor,
6-1 lieutenant governor, and speaker of the house of representatives
6-2 within the required time.
6-3 (c) All requirements of the constitution and laws of this
6-4 state and the rules and procedures of the legislature with respect
6-5 to the notice, introduction, and passage of this Act are fulfilled
6-6 and accomplished.
6-7 SECTION 13. EMERGENCY. The importance of this legislation
6-8 and the crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended,
6-12 and that this Act take effect and be in force from and after its
6-13 passage, and it is so enacted.