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.