By Armbrister S.B. No. 1850
76R11341 WP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Victoria County Groundwater
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. A groundwater conservation district to
1-7 be known as the Victoria County Groundwater Conservation District
1-8 is created in Victoria County under Section 59, Article XVI, Texas
1-9 Constitution, subject to approval at a confirmation election under
1-10 Section 7 of this Act. The district is a governmental agency and a
1-11 body politic and corporate.
1-12 SECTION 2. DEFINITIONS. In this Act:
1-13 (1) "District" means the Victoria County Groundwater
1-14 Conservation District.
1-15 (2) "Board" means the district's board of directors.
1-16 SECTION 3. FINDING OF BENEFIT. All of the land and other
1-17 property included within the boundaries of the district will be
1-18 benefited by the works and projects that are to be accomplished by
1-19 the district under powers conferred by Section 59, Article XVI,
1-20 Texas Constitution. The district is created to serve a public use
1-21 and benefit.
1-22 SECTION 4. BOUNDARIES. The boundaries of the district are
1-23 coextensive with the boundaries of Victoria County.
1-24 SECTION 5. POWERS. Except to the extent of any conflict
2-1 with this Act or as specifically limited by this Act, the district
2-2 is governed by and subject to Chapter 36, Water Code, and may
2-3 exercise all of the powers contained in this chapter, including the
2-4 power to issue bonds and levy and collect taxes and the power of
2-5 eminent domain.
2-6 SECTION 6. TEMPORARY DIRECTORS. (a) The temporary board of
2-7 directors is composed of:
2-8 (1) Place 1 - John Wester;
2-9 (2) Place 2 - Rocky Sanders;
2-10 (3) Place 3 - Trey Ruschhaupt;
2-11 (4) Place 4 - Joseph Dial;
2-12 (5) Place 5 - John Swoboda, Jr.;
2-13 (6) Place 6 - Jerry James; and
2-14 (7) Place 7 - Denise McCue.
2-15 (b) If a temporary director fails to qualify for office or
2-16 if a vacancy occurs in the office of temporary director, the
2-17 Commissioners Court of Victoria County shall appoint persons to
2-18 fill vacancies in places 1 through 4, and the governing body of the
2-19 city of Victoria shall appoint persons to fill vacancies in places
2-20 5 through 7.
2-21 (c) The temporary directors shall select from their members
2-22 persons to serve as chair, vice chair, and secretary.
2-23 (d) To be qualified to serve as a temporary director, a
2-24 person must be a resident of Victoria County and must be at least
2-25 18 years of age.
2-26 SECTION 7. CONFIRMATION ELECTION. (a) Not later than the
2-27 30th day after the effective date of this Act, the temporary
3-1 directors shall meet and shall call an election to be held not
3-2 later than the 120th day after the effective date of this Act
3-3 inside the boundaries of the proposed district to confirm the
3-4 establishment of the district.
3-5 (b) Section 41.001(a), Election Code, does not apply to an
3-6 election held as provided by this section.
3-7 (c) The ballot for the election shall be printed to provide
3-8 for voting for or against propositions on:
3-9 (1) the creation of the Victoria County Groundwater
3-10 Conservation District; and
3-11 (2) the imposition of a property tax in the district.
3-12 (d) The temporary board of directors may include on the
3-13 ballot other propositions the board considers necessary.
3-14 (e) If a majority of votes cast at the election favor the
3-15 creation of the district, the temporary directors shall declare the
3-16 district created. If a majority of the votes cast at the election
3-17 are against the creation of the district, the temporary directors
3-18 shall declare the district defeated. The temporary directors shall
3-19 file a copy of the election results with the Texas Natural Resource
3-20 Conservation Commission.
3-21 (f) If establishment of the district is not confirmed, the
3-22 temporary directors may call additional confirmation elections. A
3-23 confirmation election may not be held before the first anniversary
3-24 of the previous confirmation election. This Act expires if the
3-25 district is not confirmed before the fourth anniversary of the
3-26 effective date of this Act.
3-27 SECTION 8. INITIAL DIRECTORS. (a) Except as provided by
4-1 this subsection, on confirmation of the establishment of the
4-2 district under Section 7 of this Act, the temporary directors
4-3 become the initial directors of the district. Before the 61st day
4-4 after the date the district is confirmed, the Commissioners Court
4-5 of Victoria County may replace with another appointee any director
4-6 in places 1 through 4, and the governing body of the city of
4-7 Victoria may replace with another appointee any director in places
4-8 5 through 7.
4-9 (b) The directors in places 1, 3, 5, and 7 serve terms that
4-10 expire on the second anniversary of the date the district is
4-11 confirmed. The directors in places 2, 4, and 6 serve terms that
4-12 expire on the fourth anniversary of the date the district is
4-13 confirmed.
4-14 (c) If an appointed director is not qualified to take office
4-15 at the first regular meeting of the board following the director's
4-16 appointment, the previous director for that place continues to
4-17 serve until a successor is appointed and qualifies.
4-18 SECTION 9. BOARD OF DIRECTORS. (a) The district is
4-19 governed by a board of seven directors.
4-20 (b) The board shall select from its members a chair, vice
4-21 chair, and secretary.
4-22 (c) On the expiration of directors' terms or on the
4-23 occurrence of a vacancy in the office of a director:
4-24 (1) the Commissioners Court of Victoria County shall
4-25 appoint the appropriate number of directors to places 1 through 4;
4-26 and
4-27 (2) the governing body of the city of Victoria shall
5-1 appoint the appropriate number of directors to places 5 through 7.
5-2 (d) A director appointed to fill a vacancy serves for the
5-3 unexpired portion of the term.
5-4 (e) To be qualified for appointment as a director, a person
5-5 must be a resident of the district and must be at least 18 years of
5-6 age.
5-7 (f) Except for temporary and initial directors of the
5-8 district, directors serve four-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 two cents on each
5-11 $100 valuation of taxable property in the district.
5-12 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
5-13 (a) The proper and legal notice of the intention to introduce this
5-14 Act, setting forth the general substance of this Act, has been
5-15 published as provided by law, and the notice and a copy of this Act
5-16 have been furnished to all persons, agencies, officials, or
5-17 entities to which they are required to be furnished by the
5-18 constitution and other laws of this state, including the governor,
5-19 who has submitted the notice and Act to the Texas Natural Resource
5-20 Conservation Commission.
5-21 (b) The Texas Natural Resource Conservation Commission has
5-22 filed its recommendations relating to this Act with the governor,
5-23 the lieutenant governor, and speaker of the house of
5-24 representatives within the required time.
5-25 (c) All requirements of the constitution and laws of this
5-26 state and the rules and procedures of the legislature with respect
5-27 to the notice, introduction, and passage of this Act are fulfilled
6-1 and accomplished.
6-2 SECTION 12. EMERGENCY. The importance of this legislation
6-3 and the crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended,
6-7 and that this Act take effect and be in force from and after its
6-8 passage, and it is so enacted.