SRC-MKV S.B. 1764 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1764
77R9580 QS-DBy: Zaffirini
Natural Resources
4/13/2001
As Filed


DIGEST AND PURPOSE 

Currently, the McMullen Groundwater Conservation District is a temporary
district. 
As proposed, S.B. 1764 ratifies creation of the district subject to voter
approval at a confirmation election. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  RATIFICATION OF CREATION.  Ratifies the creation of the
McMullen Groundwater Conservation District as created by Chapter 1331, Acts
of the 76th Legislature, Regular Session, 1999. 

SECTION 2.  DEFINITION.  Defines "district" to mean the McMullen
Groundwater Conservation District. 

SECTION 3.  BOUNDARIES.  Provides that the boundaries of the district are
coextensive with the boundaries of McMullen County. 

SECTION 4.  GENERAL POWERS.  (a)  Provides that the district has all of the
rights, powers, privileges, authority, functions, and duties provided by
the general law of this state, including Chapter 36, Water Code, applicable
to groundwater conservation districts created under Section 59, Article
XVI, Texas Constitution.  Provides that this Act prevails over any
provision of general law that is in conflict or inconsistent with this Act,
including any provision of Chapter 1331, Acts of the 76th Legislature,
Regular Session, 1999.  

(b)  Provides that the rights, powers, privileges, authority, functions,
and duties of the district are subject to the continuing right of
supervision of the state to be exercised by and through the Texas Natural
Resource Conservation Commission.  

(c)  Provides that notwithstanding Subsection (a) of this section, the
following provisions prevail over a conflicting or inconsistent provision
in this Act: 
  (1)  Sections 36.1071-36.108, Water Code;
  (2)  Sections 36.159-36.161, Water Code; and
  (3)  Subchapter I, Chapter 36, Water Code. 

SECTION 5.  BOARD OF DIRECTORS.  Sets forth provisions relating to the
board of directors of the district. 

SECTION 6.  METHOD OF ELECTING DIRECTORS.  (a) Requires the directors of
the district to be elected according to the commissioners precinct method
as provided by this section. 
 
(b)  Requires one director to be elected by the voters of the entire
district and one director to be elected from each county commissioners
precinct by the voters of that precinct. 

(c)  Requires a person, to be qualified as a candidate for or to serve as
director at large, to be a registered voter in the district.  Requires a
person, to be a candidate for or to serve as director from a county
commissioners precinct, to be a registered voter of that precinct. 

(d)  Requires a person to indicate on the application for a place on the
ballot the precinct that the person seeks to represent or that the person
seeks to represent the district at large. 

(e)  Requires that at the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas Constitution, four
new directors be elected to represent the newly redrawn precincts.
Requires the directors elected to draw lots to determine which two newly
elected directors serve two-year terms and which two directors serve
four-year terms. 

SECTION 7.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.  (a)  Requires
the temporary board of directors to call and hold an election to confirm
establishment of the district and to elect initial directors.  

(b)  Requires the temporary board of directors, at the confirmation and
initial directors' election, to have placed on the ballot the names of the
persons serving as temporary directors who intend to run for an initial
director's position and are qualified to be a candidate under SECTION 6
together with the name of any candidate filing for an initial director's
position and blank spaces to write in the names of other persons.  

(c)  Requires the temporary board of directors, at the time the vote is
canvassed, if the district is created at the election, to carry out certain
duties. 

(d)  Provides that Section 41.001(a) (regarding uniform election dates),
Election Code, does not apply to a confirmation and initial directors'
election held as provided by this section. 

(e)  Requires that, except as provided by this section, a confirmation and
initial directors' election be conducted as provided by Sections
36.017(b)-(h), Water Code, and the Election Code. 

(f)  Prohibits the temporary directors from calling another election under
this section before the first anniversary of that election, if the majority
of the votes cast at an election held under this section is against the
confirmation of the district. 

SECTION 8.  ELECTION OF PERMANENT DIRECTORS.  (a)  Requires that on the
first Saturday in October of the second year after the year in which the
district is authorized to be created at a confirmation election, an
election be held in the district for the election of directors from county
commissioners precincts one and three, each of whom shall serve a two-year
term, and directors from county commissioners precincts two and four and
the director at large, each of whom shall serve a four-year term.  
 
(b)  Requires that on the first Saturday in October of each subsequent
second year following the election, the appropriate number of directors be
elected to the board, each of whom shall serve a four-year term.  

SECTION 9.  LIMITATION ON TAXATION.  Prohibits the district from imposing
an ad valorem tax at a rate that exceeds five cents on the $100 valuation
of taxable property in the district.  

SECTION 10.  STATUTORY INTERPRETATION.  Provides that, except as otherwise
provided by this Act, if there is a conflict between this Act and Chapter
36, Water Code, this Act controls. 
 
SECTION 11.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  Sets forth
provisions relating to procedural requirements. 
 
SECTION 12.  (a)  Effective date: September 1, 2001.

(b)  Provides that if the creation of the district is not confirmed at a
confirmation election held under SECTION 7 of this Act before September 1,
2003, this Act expires on that date.