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.
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