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.
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