By Cook H.B. No. 1038
77R2724 QS-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 Coastal Bend 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 Coastal Bend Groundwater Conservation
1-8 District, is created in Wharton County, subject to approval at a
1-9 confirmation election under Section 10 of this Act. The district
1-10 is 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 Coastal Bend Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Wharton County, Texas.
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. 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 Chapter 36, Water Code, applicable to groundwater
2-4 conservation districts created under Section 59, Article XVI, Texas
2-5 Constitution. This Act prevails over any provision of general law
2-6 that is in conflict or inconsistent with this Act.
2-7 SECTION 6. REGIONAL COOPERATION. (a) In recognition of the
2-8 need for uniform regional monitoring and regulation of common,
2-9 scientifically recognized groundwater sources, and within
2-10 designated management areas, the district shall establish rules:
2-11 (1) requiring the permitting of all water wells that
2-12 are:
2-13 (A) not exempted from permitting by Chapter 36,
2-14 Water Code; and
2-15 (B) capable of producing in excess of 25,000
2-16 gallons per day;
2-17 (2) providing for the prevention of waste, as defined
2-18 by Section 36.001, Water Code;
2-19 (3) providing for timely capping or plugging of
2-20 abandoned wells; and
2-21 (4) requiring reports to be filed with the district on
2-22 all new, nonexempt water wells.
2-23 (b) Reports required under Subsection (a)(4) must include
2-24 the driller's log, a description of the casing and pumping
2-25 equipment installed, the capacity of the well so equipped, and the
2-26 intended use of the water.
2-27 (c) To further regional continuity, the district shall:
3-1 (1) seek to participate in at least one coordination
3-2 meeting annually with each adjacent district that shares an aquifer
3-3 with the district;
3-4 (2) coordinate the collection of data with adjacent
3-5 districts in a manner designed to achieve uniformity of data
3-6 quality;
3-7 (3) coordinate efforts to monitor water quality with
3-8 adjacent districts, local governments, and state agencies;
3-9 (4) investigate any groundwater pollution with the
3-10 intention of locating its source and report its findings to
3-11 adjacent districts and appropriate state agencies;
3-12 (5) provide to adjacent districts annually an
3-13 inventory of new water wells in the district and an estimate of
3-14 groundwater production within the district; and
3-15 (6) include adjacent districts on the mailing lists
3-16 for district newsletters, seminars, public education events, news
3-17 articles, and field days.
3-18 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
3-19 by a board of five directors.
3-20 (b) Temporary directors serve until initial directors are
3-21 elected under Section 10 of this Act.
3-22 (c) Initial directors serve until permanent directors are
3-23 elected under Section 11 of this Act.
3-24 (d) Permanent directors serve staggered four-year terms.
3-25 (e) Each director must qualify to serve as director in the
3-26 manner provided by Section 36.055, Water Code.
3-27 (f) A director serves until the director's successor has
4-1 qualified.
4-2 (g) A vacancy in the office of director shall be filled by
4-3 appointment of the board until the next election for directors. If
4-4 the position is not scheduled to be filled at the next election,
4-5 the person elected in that election to fill the position shall
4-6 serve only for the remainder of the unexpired term.
4-7 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
4-8 directors consists of:
4-9 (1) E. A. Weinheimer, Jr., at large;
4-10 (2) Leonard Wittig, Precinct 1;
4-11 (3) Ronald Gertson, Precinct 2;
4-12 (4) L. G. Raun, Jr., Precinct 3; and
4-13 (5) Laurance Armour III, Precinct 4.
4-14 (b) If a temporary director fails to qualify for office, the
4-15 temporary directors who have qualified shall appoint a person to
4-16 fill the vacancy. If at any time there are fewer than three
4-17 qualified temporary directors, the Texas Natural Resource
4-18 Conservation Commission shall appoint the necessary number of
4-19 persons to fill all vacancies on the board.
4-20 SECTION 9. METHOD OF ELECTING DIRECTORS. (a) The directors
4-21 of the district shall be elected according to the commissioners
4-22 precinct method as provided by this section.
4-23 (b) One director shall be elected by the electors of the
4-24 entire district, and one director shall be elected from each county
4-25 commissioners precinct by the electors of that precinct.
4-26 (c) To be qualified to be a candidate for or to serve as
4-27 director at large, a person must be a registered voter in the
5-1 district. To be a candidate for or to serve as director from a
5-2 county commissioners precinct, a person must be a registered voter
5-3 of that precinct.
5-4 (d) A person shall indicate on the application for a place
5-5 on the ballot:
5-6 (1) the precinct that the person seeks to represent;
5-7 or
5-8 (2) that the person seeks to represent the district at
5-9 large.
5-10 (e) At the first election after the county commissioners
5-11 precincts are redrawn under Section 18, Article V, Texas
5-12 Constitution, four new directors shall be elected to represent the
5-13 precincts. The directors elected shall draw lots to determine
5-14 which two directors serve two-year terms and which two directors
5-15 serve four-year terms.
5-16 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
5-17 The temporary board of directors shall call and hold an election to
5-18 confirm establishment of the district, to confirm the district's
5-19 taxing authority, and to elect initial directors. The initial
5-20 confirmation election must be held:
5-21 (1) before the second anniversary of the effective
5-22 date of this Act; and
5-23 (2) concurrently with another election held by a
5-24 political subdivision.
5-25 (b) At the confirmation and initial directors' election, the
5-26 temporary board of directors shall have placed on the ballot the
5-27 name of any candidate filing for an initial director's position and
6-1 blank spaces to write in the names of other persons. A temporary
6-2 director who is qualified to be a candidate under Section 9 of this
6-3 Act may file for an initial director's position.
6-4 (c) If the district is created at the election, the
6-5 temporary board of directors, at the time the vote is canvassed,
6-6 shall:
6-7 (1) declare the qualified person who receives the most
6-8 votes for each position to be elected as the initial director for
6-9 that position; and
6-10 (2) include the results of the initial directors'
6-11 election in the district's election report to the Texas Natural
6-12 Resource Conservation Commission.
6-13 (d) Section 41.001(a), Election Code, does not apply to a
6-14 confirmation and initial directors' election held as provided by
6-15 this section.
6-16 (e) Except as provided by this section, a confirmation and
6-17 initial directors' election must be conducted as provided by
6-18 Sections 36.017(b)-(h), Water Code, and the Election Code.
6-19 (f) If the initial confirmation election fails to confirm
6-20 the district, the temporary board of directors may hold additional
6-21 confirmation elections as it deems necessary no less than one year
6-22 apart and in accordance with other provisions of this section.
6-23 (g) If the creation of the district is not confirmed at a
6-24 confirmation election held under this section before the fourth
6-25 anniversary of the effective date of this Act, this Act expires on
6-26 that date.
6-27 SECTION 11. ELECTION OF DIRECTORS. (a) On the first Saturday
7-1 in May of the first even-numbered year after the year in which the
7-2 district is authorized to be created at a confirmation election, an
7-3 election shall be held in the district for the election of
7-4 directors for Precincts 1 and 3 to serve two-year terms and
7-5 directors for Precincts 2 and 4 and for the district at large to
7-6 serve four-year terms.
7-7 (b) On the first Saturday in May of each subsequent second
7-8 year following the election, the appropriate number of directors
7-9 shall be elected.
7-10 SECTION 12. DISTRICT REVENUES. To pay for the maintenance
7-11 and operating costs of the district, the district may:
7-12 (1) impose an ad valorem tax at a rate not to exceed
7-13 five cents for each $100 of taxable value of property in the
7-14 district;
7-15 (2) assess general production fees;
7-16 (3) solicit and accept grants from any public or
7-17 private source; and
7-18 (4) assess a transfer fee on water exported from the
7-19 district.
7-20 SECTION 13. STATUTORY INTERPRETATION. Except as otherwise
7-21 provided by this Act, if there is a conflict between this Act and
7-22 Chapter 36 or 49, Water Code, this Act controls. If there is a
7-23 conflict between Chapters 36 and 49, Water Code, Chapter 36
7-24 controls.
7-25 SECTION 14. CHANGE OF DISTRICT NAME. The board of directors
7-26 may change the district's name when the district annexes territory.
7-27 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a)
8-1 The proper and legal notice of the intention to introduce this Act,
8-2 setting forth the general substance of this Act, has been published
8-3 as provided by law, and the notice and a copy of this Act have been
8-4 furnished to all persons, agencies, officials, or entities to which
8-5 they are required to be furnished by the constitution and other
8-6 laws of this state, including the governor, who has submitted the
8-7 notice and Act to the Texas Natural Resource Conservation
8-8 Commission.
8-9 (b) The Texas Natural Resource Conservation Commission has
8-10 filed its recommendations relating to this Act with the governor,
8-11 lieutenant governor, and speaker of the house of representatives
8-12 within the required time.
8-13 (c) All requirements of the constitution and laws of this
8-14 state and the rules and procedures of the legislature with respect
8-15 to the notice, introduction, and passage of this Act are fulfilled
8-16 and accomplished.
8-17 SECTION 16. EFFECTIVE DATE. This Act takes effect immediately
8-18 if it receives a vote of two-thirds of all the members elected to
8-19 each house, as provided by Section 39, Article III, Texas
8-20 Constitution. If this Act does not receive the vote necessary for
8-21 immediate effect, this Act takes effect September 1, 2001.