1-1 By: Cook (Senate Sponsor - Armbrister) H.B. No. 1038 1-2 (In the Senate - Received from the House April 2, 2001; 1-3 April 3, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 10, 2001, reported favorably by the following vote: 1-5 Yeas 4, Nays 0; May 10, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the creation, administration, powers, duties, 1-9 operation, and financing of the Coastal Bend Groundwater 1-10 Conservation District. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. CREATION. (a) A groundwater conservation 1-13 district, to be known as the Coastal Bend Groundwater Conservation 1-14 District, is created in Wharton County, subject to approval at a 1-15 confirmation election under Section 10 of this Act. The district 1-16 is a governmental agency and a body politic and corporate. 1-17 (b) The district is created under and is essential to 1-18 accomplish the purposes of Section 59, Article XVI, Texas 1-19 Constitution. 1-20 SECTION 2. DEFINITION. In this Act, "district" means the 1-21 Coastal Bend Groundwater Conservation District. 1-22 SECTION 3. BOUNDARIES. The boundaries of the district are 1-23 coextensive with the boundaries of Wharton County, Texas. 1-24 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-25 property included within the boundaries of the district will be 1-26 benefited by the works and projects that are to be accomplished by 1-27 the district under powers conferred by Section 59, Article XVI, 1-28 Texas Constitution. The district is created to serve a public use 1-29 and benefit. 1-30 SECTION 5. POWERS. Except as provided by this Act, the 1-31 district has all of the rights, powers, privileges, authority, 1-32 functions, and duties provided by the general law of this state, 1-33 including Chapter 36, Water Code, applicable to groundwater 1-34 conservation districts created under Section 59, Article XVI, Texas 1-35 Constitution. This Act prevails over any provision of general law 1-36 that is in conflict or inconsistent with this Act. 1-37 SECTION 6. REGIONAL COOPERATION. (a) In recognition of the 1-38 need for uniform regional monitoring and regulation of common, 1-39 scientifically recognized groundwater sources, and within 1-40 designated management areas, the district shall establish rules: 1-41 (1) requiring the permitting of all water wells that 1-42 are: 1-43 (A) not exempted from permitting by Chapter 36, 1-44 Water Code; and 1-45 (B) capable of producing in excess of 25,000 1-46 gallons per day; 1-47 (2) providing for the prevention of waste, as defined 1-48 by Section 36.001, Water Code; 1-49 (3) providing for timely capping or plugging of 1-50 abandoned wells; and 1-51 (4) requiring reports to be filed with the district on 1-52 all new, nonexempt water wells. 1-53 (b) Reports required under Subsection (a)(4) must include 1-54 the driller's log, a description of the casing and pumping 1-55 equipment installed, the capacity of the well so equipped, and the 1-56 intended use of the water. 1-57 (c) To further regional continuity, the district shall: 1-58 (1) seek to participate in at least one coordination 1-59 meeting annually with each adjacent district that shares an aquifer 1-60 with the district; 1-61 (2) coordinate the collection of data with adjacent 1-62 districts in a manner designed to achieve uniformity of data 1-63 quality; 1-64 (3) coordinate efforts to monitor water quality with 2-1 adjacent districts, local governments, and state agencies; 2-2 (4) investigate any groundwater pollution with the 2-3 intention of locating its source and report its findings to 2-4 adjacent districts and appropriate state agencies; 2-5 (5) provide to adjacent districts annually an 2-6 inventory of new water wells in the district and an estimate of 2-7 groundwater production within the district; and 2-8 (6) include adjacent districts on the mailing lists 2-9 for district newsletters, seminars, public education events, news 2-10 articles, and field days. 2-11 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed 2-12 by a board of five directors. 2-13 (b) Temporary directors serve until initial directors are 2-14 elected under Section 10 of this Act. 2-15 (c) Initial directors serve until permanent directors are 2-16 elected under Section 11 of this Act. 2-17 (d) Permanent directors serve staggered four-year terms. 2-18 (e) Each director must qualify to serve as director in the 2-19 manner provided by Section 36.055, Water Code. 2-20 (f) A director serves until the director's successor has 2-21 qualified. 2-22 (g) A vacancy in the office of director shall be filled by 2-23 appointment of the board until the next election for directors. If 2-24 the position is not scheduled to be filled at the next election, 2-25 the person elected in that election to fill the position shall 2-26 serve only for the remainder of the unexpired term. 2-27 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 2-28 directors consists of: 2-29 (1) E. A. Weinheimer, Jr., at large; 2-30 (2) Leonard Wittig, Precinct 1; 2-31 (3) Ronald Gertson, Precinct 2; 2-32 (4) L. G. Raun, Jr., Precinct 3; and 2-33 (5) Laurance Armour III, Precinct 4. 2-34 (b) If a temporary director fails to qualify for office, the 2-35 temporary directors who have qualified shall appoint a person to 2-36 fill the vacancy. If at any time there are fewer than three 2-37 qualified temporary directors, the Texas Natural Resource 2-38 Conservation Commission shall appoint the necessary number of 2-39 persons to fill all vacancies on the board. 2-40 SECTION 9. METHOD OF ELECTING DIRECTORS. (a) The directors 2-41 of the district shall be elected according to the commissioners 2-42 precinct method as provided by this section. 2-43 (b) One director shall be elected by the electors of the 2-44 entire district, and one director shall be elected from each county 2-45 commissioners precinct by the electors of that precinct. 2-46 (c) To be qualified to be a candidate for or to serve as 2-47 director at large, a person must be a registered voter in the 2-48 district. To be a candidate for or to serve as director from a 2-49 county commissioners precinct, a person must be a registered voter 2-50 of that precinct. 2-51 (d) A person shall indicate on the application for a place 2-52 on the ballot: 2-53 (1) the precinct that the person seeks to represent; 2-54 or 2-55 (2) that the person seeks to represent the district at 2-56 large. 2-57 (e) At the first election after the county commissioners 2-58 precincts are redrawn under Section 18, Article V, Texas 2-59 Constitution, four new directors shall be elected to represent the 2-60 precincts. The directors elected shall draw lots to determine 2-61 which two directors serve two-year terms and which two directors 2-62 serve four-year terms. 2-63 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 2-64 The temporary board of directors shall call and hold an election to 2-65 confirm establishment of the district, to confirm the district's 2-66 taxing authority, and to elect initial directors. The initial 2-67 confirmation election must be held: 2-68 (1) before the second anniversary of the effective 2-69 date of this Act; and 3-1 (2) concurrently with another election held by a 3-2 political subdivision. 3-3 (b) At the confirmation and initial directors' election, the 3-4 temporary board of directors shall have placed on the ballot the 3-5 name of any candidate filing for an initial director's position and 3-6 blank spaces to write in the names of other persons. A temporary 3-7 director who is qualified to be a candidate under Section 9 of this 3-8 Act may file for an initial director's position. 3-9 (c) If the district is created at the election, the 3-10 temporary board of directors, at the time the vote is canvassed, 3-11 shall: 3-12 (1) declare the qualified person who receives the most 3-13 votes for each position to be elected as the initial director for 3-14 that position; and 3-15 (2) include the results of the initial directors' 3-16 election in the district's election report to the Texas Natural 3-17 Resource Conservation Commission. 3-18 (d) Section 41.001(a), Election Code, does not apply to a 3-19 confirmation and initial directors' election held as provided by 3-20 this section. 3-21 (e) Except as provided by this section, a confirmation and 3-22 initial directors' election must be conducted as provided by 3-23 Sections 36.017(b)-(h), Water Code, and the Election Code. 3-24 (f) If the initial confirmation election fails to confirm 3-25 the district, the temporary board of directors may hold additional 3-26 confirmation elections as it deems necessary no less than one year 3-27 apart and in accordance with other provisions of this section. 3-28 (g) If the creation of the district is not confirmed at a 3-29 confirmation election held under this section before the fourth 3-30 anniversary of the effective date of this Act, this Act expires on 3-31 that date. 3-32 SECTION 11. ELECTION OF DIRECTORS. (a) On the first Saturday 3-33 in May of the first even-numbered year after the year in which the 3-34 district is authorized to be created at a confirmation election, an 3-35 election shall be held in the district for the election of 3-36 directors for Precincts 1 and 3 to serve two-year terms and 3-37 directors for Precincts 2 and 4 and for the district at large to 3-38 serve four-year terms. 3-39 (b) On the first Saturday in May of each subsequent second 3-40 year following the election, the appropriate number of directors 3-41 shall be elected. 3-42 SECTION 12. DISTRICT REVENUES. To pay for the maintenance 3-43 and operating costs of the district, the district may: 3-44 (1) impose an ad valorem tax at a rate not to exceed 3-45 five cents for each $100 of taxable value of property in the 3-46 district; 3-47 (2) assess general production fees; 3-48 (3) solicit and accept grants from any public or 3-49 private source; and 3-50 (4) assess a transfer fee on water exported from the 3-51 district. 3-52 SECTION 13. STATUTORY INTERPRETATION. Except as otherwise 3-53 provided by this Act, if there is a conflict between this Act and 3-54 Chapter 36 or 49, Water Code, this Act controls. If there is a 3-55 conflict between Chapters 36 and 49, Water Code, Chapter 36 3-56 controls. 3-57 SECTION 14. CHANGE OF DISTRICT NAME. The board of directors 3-58 may change the district's name when the district annexes territory. 3-59 SECTION 15. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) 3-60 The proper and legal notice of the intention to introduce this Act, 3-61 setting forth the general substance of this Act, has been published 3-62 as provided by law, and the notice and a copy of this Act have been 3-63 furnished to all persons, agencies, officials, or entities to which 3-64 they are required to be furnished by the constitution and other 3-65 laws of this state, including the governor, who has submitted the 3-66 notice and Act to the Texas Natural Resource Conservation 3-67 Commission. 3-68 (b) The Texas Natural Resource Conservation Commission has 3-69 filed its recommendations relating to this Act with the governor, 4-1 lieutenant governor, and speaker of the house of representatives 4-2 within the required time. 4-3 (c) All requirements of the constitution and laws of this 4-4 state and the rules and procedures of the legislature with respect 4-5 to the notice, introduction, and passage of this Act are fulfilled 4-6 and accomplished. 4-7 SECTION 16. EFFECTIVE DATE. This Act takes effect immediately 4-8 if it receives a vote of two-thirds of all the members elected to 4-9 each house, as provided by Section 39, Article III, Texas 4-10 Constitution. If this Act does not receive the vote necessary for 4-11 immediate effect, this Act takes effect September 1, 2001. 4-12 * * * * *