1-1 By: Zaffirini S.B. No. 1829 1-2 (In the Senate - Filed March 23, 1999; March 23, 1999, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 23, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 7, Nays 0; April 23, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1829 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation of the McMullen County Groundwater 1-11 Conservation District; authorizing the issuance of bonds, the 1-12 imposition of taxes, and the use of the power of eminent domain. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. CREATION. (a) A groundwater conservation 1-15 district, to be known as the McMullen County Groundwater 1-16 Conservation District, is created in McMullen County, subject to 1-17 approval at a confirmation election under Section 8 of this Act. 1-18 The district is a governmental agency and a body politic and 1-19 corporate. 1-20 (b) The district is created under and is essential to 1-21 accomplish the purposes of Section 59, Article XVI, Texas 1-22 Constitution. 1-23 SECTION 2. DEFINITION. In this Act, "district" means the 1-24 McMullen County Groundwater Conservation District. 1-25 SECTION 3. BOUNDARIES. The boundaries of the district are 1-26 coextensive with the boundaries of McMullen County. 1-27 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-28 property included within the boundaries of the district will be 1-29 benefited by the works and projects that are to be accomplished by 1-30 the district under powers conferred by Section 59, Article XVI, 1-31 Texas Constitution. The district is created to serve a public use 1-32 and benefit. 1-33 SECTION 5. POWERS. (a) The district has all of the rights, 1-34 powers, privileges, authority, functions, and duties provided by 1-35 the general law of this state, including Chapter 36, Water Code, 1-36 applicable to groundwater conservation districts created under 1-37 Section 59, Article XVI, Texas Constitution. This Act prevails 1-38 over any provision of general law that is in conflict or 1-39 inconsistent with this Act. 1-40 (b) The rights, powers, privileges, authority, functions, 1-41 and duties of the district are subject to the continuing right of 1-42 supervision of the state to be exercised by and through the Texas 1-43 Natural Resource Conservation Commission. 1-44 (c) Notwithstanding Subsection (a) of this section, the 1-45 following provisions prevail over a conflicting or inconsistent 1-46 provision in this Act: 1-47 (1) Sections 36.107-36.108, Water Code; 1-48 (2) Sections 36.159-36.161, Water Code; and 1-49 (3) Subchapter I, Chapter 36, Water Code. 1-50 SECTION 6. BOARD OF DIRECTORS. (a) The district is 1-51 governed by a board of five directors. One director shall be 1-52 elected by the voters from the district at large, and one director 1-53 shall be elected from each county commissioners precinct by the 1-54 voters of that precinct. 1-55 (b) Temporary directors serve until initial directors are 1-56 elected under Section 8 of this Act. 1-57 (c) Initial directors serve until permanent directors are 1-58 elected under Section 9 of this Act. 1-59 (d) Permanent directors serve staggered four-year terms. 1-60 (e) Each director must qualify to serve as director in the 1-61 manner provided by Section 36.055, Water Code. 1-62 (f) A person is not eligible to serve as an initial or 1-63 permanent director unless the person owns land in the district. 1-64 (g) A director serves until the director's successor has 2-1 qualified. 2-2 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 2-3 directors is composed of: 2-4 (1) Clifford R. McTee; 2-5 (2) Larry L. Miles; 2-6 (3) David Longan; 2-7 (4) J. E. Wheeler, Jr.; and 2-8 (5) Clifton Wheeler, Jr. 2-9 (b) If a temporary director fails to qualify for office, the 2-10 temporary directors who have qualified shall appoint a person to 2-11 fill the vacancy. If at any time there are fewer than three 2-12 qualified temporary directors, the Texas Natural Resource 2-13 Conservation Commission shall appoint the necessary number of 2-14 persons to fill all vacancies on the board. 2-15 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 2-16 (a) The temporary board of directors shall call and hold an 2-17 election to confirm establishment of the district and to elect 2-18 initial directors. 2-19 (b) At the confirmation and initial directors' election, the 2-20 temporary board of directors shall have placed on the ballot the 2-21 names of the persons serving as temporary directors who intend to 2-22 run for an initial director's position together with the name of 2-23 any candidate filing for an initial director's position and blank 2-24 spaces to write in the names of other persons. 2-25 (c) If a majority of the votes cast at the election are 2-26 against the creation of the district, the temporary directors may 2-27 call and hold subsequent elections to confirm establishment of the 2-28 district. A subsequent election may not be held earlier than the 2-29 first anniversary of the date on which the previous election was 2-30 held. If the district is not created within two years after the 2-31 effective date of this Act, this Act expires. 2-32 (d) If the district is created at the election, the 2-33 temporary board of directors, at the time the vote is canvassed, 2-34 shall: 2-35 (1) declare the qualified person who receives the most 2-36 votes for each position to be elected as the initial director for 2-37 that position; and 2-38 (2) include the results of the initial directors' 2-39 election in the district's election report to the Texas Natural 2-40 Resource Conservation Commission. 2-41 (e) Subsection (a), Section 41.001, Election Code, does not 2-42 apply to a confirmation and initial directors' election held as 2-43 provided by this section. 2-44 (f) Except as provided by this section, a confirmation and 2-45 initial directors' election must be conducted as provided by 2-46 Subsections (b)-(h), Section 36.017, Water Code, and the Election 2-47 Code. 2-48 SECTION 9. ELECTION OF PERMANENT DIRECTORS. (a) On the 2-49 first Saturday in October of the second year after the year in 2-50 which the district is authorized to be created at a confirmation 2-51 election, an election shall be held in the district for the 2-52 election of directors from county commissioners precincts one and 2-53 three, each of whom shall serve a two-year term, and directors from 2-54 county commissioners precincts two and four and the director at 2-55 large, each of whom shall serve a four-year term. 2-56 (b) On the first Saturday in October of each subsequent 2-57 second year following the election, the appropriate number of 2-58 directors shall be elected to the board, each of whom shall serve a 2-59 four-year term. 2-60 (c) At the first election for directors after the county 2-61 commissioners precincts are redrawn under Section 18, Article V, 2-62 Texas Constitution, one new director shall be elected from each 2-63 newly drawn precinct. The directors elected shall draw lots to 2-64 determine which two newly elected directors shall serve initial 2-65 two-year terms. 2-66 SECTION 10. LIMITATION ON TAXATION. The district may not 2-67 impose an ad valorem tax at a rate that exceeds five cents on the 2-68 $100 valuation of taxable property in the district. 2-69 SECTION 11. STATUTORY INTERPRETATION. Except as otherwise 3-1 provided by this Act, if there is a conflict between this Act and 3-2 Chapter 36, Water Code, this Act controls. 3-3 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 3-4 (a) The proper and legal notice of the intention to introduce this 3-5 Act, setting forth the general substance of this Act, has been 3-6 published as provided by law, and the notice and a copy of this Act 3-7 have been furnished to all persons, agencies, officials, or 3-8 entities to which they are required to be furnished by the 3-9 constitution and other laws of this state, including the governor, 3-10 who has submitted the notice and Act to the Texas Natural Resource 3-11 Conservation Commission. 3-12 (b) The Texas Natural Resource Conservation Commission has 3-13 filed its recommendations relating to this Act with the governor, 3-14 lieutenant governor, and speaker of the house of representatives 3-15 within the required time. 3-16 (c) All requirements of the constitution and laws of this 3-17 state and the rules and procedures of the legislature with respect 3-18 to the notice, introduction, and passage of this Act are fulfilled 3-19 and accomplished. 3-20 SECTION 13. EMERGENCY. The importance of this legislation 3-21 and the crowded condition of the calendars in both houses create an 3-22 emergency and an imperative public necessity that the 3-23 constitutional rule requiring bills to be read on three several 3-24 days in each house be suspended, and this rule is hereby suspended, 3-25 and that this Act take effect and be in force from and after its 3-26 passage, and it is so enacted. 3-27 * * * * *