By Armbrister S.B. No. 1869
76R12587 BDH-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 Lavaca 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) A groundwater conservation
1-7 district, to be known as the Lavaca County Groundwater Conservation
1-8 District, is created in Lavaca County, subject to approval at a
1-9 confirmation election under Section 9 of this Act. The district is
1-10 a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. Definition. In this Act, "district" means the
1-15 Lavaca County Groundwater Conservation District.
1-16 SECTION 3. Boundaries. The boundaries of the district are
1-17 coextensive with the boundaries of Lavaca County.
1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-19 property included within the boundaries of the district will be
1-20 benefited by the works and projects that are to be accomplished by
1-21 the district under powers conferred by Section 59, Article XVI,
1-22 Texas Constitution. The district is created to serve a public use
1-23 and benefit.
1-24 SECTION 5. POWERS. (a) Except as provided by this Act, the
2-1 district has all of the rights, powers, privileges, authority,
2-2 functions, and duties provided by the general law of this state,
2-3 including Chapters 36 and 49, Water Code, applicable to groundwater
2-4 conservation districts created under Section 59, Article XVI,
2-5 Texas Constitution. This Act prevails over any provision of
2-6 general law that is in conflict or inconsistent with this Act.
2-7 (b) The rights, powers, privileges, authority, functions,
2-8 and duties of the district are subject to the continuing right of
2-9 supervision of the state to be exercised by and through the Texas
2-10 Natural Resource Conservation Commission.
2-11 SECTION 6. ELECTION OF DIRECTORS. (a) One director shall
2-12 be elected by the qualified voters of the entire district, and one
2-13 director shall be elected from each county commissioners precinct
2-14 by the qualified voters of that precinct.
2-15 (b) A person shall indicate on the application for a place
2-16 on the ballot the precinct that the person seeks to represent or
2-17 that the person seeks to represent the district at large.
2-18 (c) At the first election after the county commissioners
2-19 precincts are redrawn under Section 18, Article V, Texas
2-20 Constitution, four new directors shall be elected to represent the
2-21 precincts. The directors elected shall draw lots to determine
2-22 their terms.
2-23 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-24 governed by a board of five directors.
2-25 (b) A vacancy in the office of director shall be filled by
2-26 appointment of the board until the next election for directors. At
2-27 the next election for directors, a person shall be elected to fill
3-1 the position. If the position is not scheduled to be filled at the
3-2 election, the person elected to fill the position shall serve only
3-3 for the remainder of the unexpired term.
3-4 (c) To be eligible to serve as director, a person must be a
3-5 resident of the precinct from which the person is elected or
3-6 appointed if representing a precinct or of the district if
3-7 representing the district at large.
3-8 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-9 directors is composed of:
3-10 (1) Otto R. (Jimmy) Borchers--at large
3-11 (2) Sylva C. Schneider--Precinct 1
3-12 (3) Bob Weiss--Precinct 2
3-13 (4) Paul Morkovsky--Precinct 3
3-14 (5) Marcus E. Hermes--Precinct 4
3-15 (b) If a temporary director fails to qualify for office, the
3-16 temporary directors who have qualified shall appoint a person to
3-17 fill the vacancy. If at any time there are fewer than three
3-18 qualified temporary directors, the Lavaca County Commissioners
3-19 Court shall appoint the necessary number of persons to fill all
3-20 vacancies on the board.
3-21 (c) The temporary directors shall select from their members
3-22 a presiding officer, assistant presiding officer, and secretary.
3-23 (d) To qualify to serve as a temporary director, a person
3-24 must:
3-25 (1) be a resident of the appropriate precinct if
3-26 representing a precinct or of the district if representing the
3-27 district at large; and
4-1 (2) be at least 18 years of age.
4-2 SECTION 9. CONFIRMATION ELECTION. (a) Not later than 30
4-3 days after the effective date of this Act, the temporary board of
4-4 directors shall call an election to be held not later than 120 days
4-5 after the effective date of this Act to confirm establishment of
4-6 the district.
4-7 (b) Section 41.001(a), Election Code, does not apply to a
4-8 confirmation election held as provided by this section.
4-9 (c) If a majority of the votes cast at the election favor
4-10 the creation of the district, the temporary directors shall declare
4-11 the district created. If a majority of the votes cast at the
4-12 election are against the creation of the district, the temporary
4-13 directors shall declare the district defeated. The temporary
4-14 directors shall file a copy of the election results with the Texas
4-15 Natural Resource Conservation Commission.
4-16 (d) If a majority of the votes cast at the election are
4-17 against the creation of the district, the temporary directors may
4-18 call and hold subsequent elections to confirm establishment of the
4-19 district. A subsequent election may not be held earlier than the
4-20 first anniversary after the date on which the previous election was
4-21 held. If the district is not created within five years after the
4-22 effective date of this Act, this Act expires.
4-23 (e) Except as provided by this section, a confirmation
4-24 election must be conducted as provided by Sections 36.017(b)-(h),
4-25 Water Code, and the Election Code.
4-26 (f) The propositions to be voted on may include, in addition
4-27 to confirmation of the district and election of directors, any
5-1 proposition authorized by the temporary board of directors.
5-2 SECTION 10. INITIAL DIRECTORS. (a) If creation of the
5-3 district is confirmed under Section 9 of this Act, the temporary
5-4 directors shall become the initial directors of the district and
5-5 serve on the board of directors as provided by this section.
5-6 (b) The temporary directors for Precincts 1 and 3 shall
5-7 serve as initial directors until the first regular meeting of the
5-8 board of directors following the first permanent directors'
5-9 election under Section 12 of this Act. The temporary directors for
5-10 Precincts 2 and 4 and the temporary director representing the
5-11 district at large shall serve as initial directors until the first
5-12 regular meeting of the board of directors following the second
5-13 permanent directors' election under Section 12 of this Act.
5-14 SECTION 11. SERVICE OF DIRECTORS. (a) Temporary directors
5-15 serve until the temporary directors become initial directors under
5-16 Section 10 of this Act or this Act expires under Section 9,
5-17 whichever occurs earlier.
5-18 (b) Initial directors serve until permanent directors are
5-19 elected under Section 12 of this Act.
5-20 (c) Permanent directors serve staggered four-year terms.
5-21 (d) A director serves until the director's successor has
5-22 qualified.
5-23 (e) Each director must qualify to serve as director in the
5-24 manner provided by Section 36.055, Water Code.
5-25 SECTION 12. ELECTION OF PERMANENT DIRECTORS. Beginning in
5-26 the second year after the year in which the district is authorized
5-27 to be created at a confirmation election, an election shall be held
6-1 in the district on the first Saturday in May every two years to
6-2 elect the appropriate number of directors to the board.
6-3 SECTION 13. TAX RATE. Notwithstanding Section 36.201, Water
6-4 Code, the board of directors may not annually levy and collect an
6-5 ad valorem tax at a rate that exceeds five cents on each $100 of
6-6 assessed valuation.
6-7 SECTION 14. STATUTORY INTERPRETATION. Except as otherwise
6-8 provided by this Act, if there is a conflict between this Act and
6-9 Chapter 36 or 49, Water Code, this Act controls. If there is a
6-10 conflict between Chapters 36 and 49, Water Code, Chapter 36
6-11 controls.
6-12 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-13 (a) The proper and legal notice of the intention to introduce this
6-14 Act, setting forth the general substance of this Act, has been
6-15 published as provided by law, and the notice and a copy of this Act
6-16 have been furnished to all persons, agencies, officials, or
6-17 entities to which they are required to be furnished by the
6-18 constitution and other laws of this state, including the governor,
6-19 who has submitted the notice and Act to the Texas Natural Resource
6-20 Conservation Commission.
6-21 (b) The Texas Natural Resource Conservation Commission has
6-22 filed its recommendations relating to this Act with the governor,
6-23 lieutenant governor, and speaker of the house of representatives
6-24 within the required time.
6-25 (c) All requirements of the constitution and laws of this
6-26 state and the rules and procedures of the legislature with respect
6-27 to the notice, introduction, and passage of this Act are fulfilled
7-1 and accomplished.
7-2 SECTION 16. EFFECTIVE DATE. This Act takes effect September
7-3 1, 1999.
7-4 SECTION 17. EMERGENCY. The importance of this legislation
7-5 and the crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended.