By Cook H.B. No. 1081
77R1317 SGA-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 Fayette County Groundwater
1-4 Conservation District, including the district's authority to impose
1-5 taxes and issue bonds.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. CREATION. (a) A groundwater conservation
1-8 district, to be known as the Fayette County Groundwater
1-9 Conservation District, is created in Fayette County, subject to
1-10 approval at a confirmation and initial directors' election under
1-11 Section 10 of this Act. The district is a governmental agency and
1-12 a body politic and corporate.
1-13 (b) The district is created under and is essential to
1-14 accomplish the purposes of Section 59, Article XVI, Texas
1-15 Constitution.
1-16 SECTION 2. DEFINITION. In this Act, "district" means the
1-17 Fayette County Groundwater Conservation District.
1-18 SECTION 3. BOUNDARIES. The boundaries of the district are
1-19 coextensive with the boundaries of Fayette County, Texas.
1-20 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-21 property included within the boundaries of the district will be
1-22 benefited by the works and projects that are to be accomplished by
1-23 the district under powers conferred by Section 59, Article XVI,
1-24 Texas Constitution. The district is created to serve a public use
2-1 and benefit.
2-2 SECTION 5. GENERAL POWERS. (a) Except as otherwise provided
2-3 by this Act, the district has all of the rights, powers,
2-4 privileges, authority, functions, and duties provided by the
2-5 general law of this state, including Chapter 36, Water Code,
2-6 applicable to groundwater conservation districts created under
2-7 Section 59, Article XVI, Texas Constitution. This Act prevails
2-8 over any provision of general law that is in conflict with or
2-9 inconsistent with this Act.
2-10 (b) Notwithstanding Subsection (a), the following provisions
2-11 prevail over a conflicting or inconsistent provision of this Act:
2-12 (1) Sections 36.1071-36.108, Water Code;
2-13 (2) Sections 36.159-36.161, Water Code; and
2-14 (3) Subchapter I, Chapter 36, Water Code.
2-15 SECTION 6. REGIONAL COOPERATION. To provide for regional
2-16 continuity, the district shall:
2-17 (1) participate in coordination meetings with adjacent
2-18 districts on an as-needed basis;
2-19 (2) coordinate the collection of data with adjacent
2-20 districts in such a way as to achieve relative uniformity of data
2-21 type and quality;
2-22 (3) coordinate efforts to monitor water quality with
2-23 adjacent districts, local governments, and state agencies;
2-24 (4) provide groundwater level data to adjacent
2-25 districts;
2-26 (5) investigate any groundwater and aquifer pollution
2-27 with the intention of locating its source;
3-1 (6) notify adjacent districts and all appropriate
3-2 agencies of any detected groundwater pollution;
3-3 (7) annually provide to adjacent districts an
3-4 inventory of water wells and an estimate of groundwater production
3-5 within the district; and
3-6 (8) include adjacent districts on the mailing lists
3-7 for district newsletters, seminars, public education events, news
3-8 articles, and field days.
3-9 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
3-10 by a board of five directors.
3-11 (b) Temporary directors serve until initial directors are
3-12 elected under Section 10 of this Act.
3-13 (c) Initial directors serve until permanent directors are
3-14 elected under Section 11 of this Act.
3-15 (d) Permanent directors serve staggered four-year terms.
3-16 (e) Each director must qualify to serve as director in the
3-17 manner provided by Section 36.055, Water Code.
3-18 (f) A director serves until the director's successor has
3-19 qualified.
3-20 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-21 directors is composed of:
3-22 Precinct 1: Mr. Clinton Buschacker
3-23 1024 South Raymond
3-24 La Grange, Texas 78945;
3-25 Precinct 2: Mr. Rodney H. Willis
3-26 3647 Schulle Road
3-27 Round Top, Texas 78954;
4-1 Precinct 3: Mr. Ernest Bartek
4-2 937 West Parker
4-3 Flatonia, Texas 78941;
4-4 Precinct 4: Mr. William P. Kohlleppel
4-5 3340 North U.S. Highway 77
4-6 Schulenburg, Texas 78956; and
4-7 At Large: Mr. Shawn Raborn
4-8 155 East Colorado Street
4-9 La Grange, Texas 78945.
4-10 (b) If a temporary director fails to qualify for office, the
4-11 temporary directors who have qualified shall appoint a person to
4-12 fill the vacancy. If at any time there are fewer than three
4-13 qualified temporary directors, the Texas Natural Resource
4-14 Conservation Commission shall appoint the necessary number of
4-15 persons to fill all vacancies on the board.
4-16 SECTION 9. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
4-17 PRECINCTS. (a) The directors of the district shall be elected
4-18 according to the commissioners precinct method as provided by this
4-19 section.
4-20 (b) One director shall be elected by the qualified voters of
4-21 the entire district, and one director shall be elected from each
4-22 county commissioners precinct by the qualified voters of that
4-23 precinct.
4-24 (c) To be qualified to be a candidate for or to serve as
4-25 director at large, a person must be a registered voter in the
4-26 district. To be qualified to be a candidate for or to serve as
4-27 director from a county commissioners precinct, a person must be a
5-1 registered voter of that precinct.
5-2 (d) A person shall indicate on the application for a place
5-3 on the ballot:
5-4 (1) the precinct that the person seeks to represent;
5-5 or
5-6 (2) that the person seeks to represent the district at
5-7 large.
5-8 (e) At the first election after the county commissioners
5-9 precincts are redrawn under Section 18, Article V, Texas
5-10 Constitution, four new directors shall be elected to represent the
5-11 precincts. The directors from Precincts 1 and 3 shall be elected
5-12 for two-year terms. The directors from Precincts 2 and 4 shall be
5-13 elected for four-year terms.
5-14 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
5-15 The temporary board of directors shall call and hold an election to
5-16 confirm establishment of the district and to elect initial
5-17 directors. The election must be held concurrently with another
5-18 election held by a political subdivision.
5-19 (b) A person, including a temporary director, who desires to
5-20 be a candidate for the office of initial director may file an
5-21 application with the temporary board of directors to have the
5-22 candidate's name printed on the ballot as provided by Chapter 144,
5-23 Election Code.
5-24 (c) At the confirmation and initial directors' election, the
5-25 temporary board of directors shall have placed on the ballot the
5-26 names of the persons serving as temporary directors who intend to
5-27 run for an initial director's position together with the name of
6-1 any candidate filing for an initial director's position and blank
6-2 spaces to write in the names of other persons.
6-3 (d) If the district is created at the election, the
6-4 temporary board of directors, at the time the vote is canvassed,
6-5 shall:
6-6 (1) declare the qualified person who receives the most
6-7 votes for each position to be elected as the initial director for
6-8 that position; and
6-9 (2) include the results of the initial directors'
6-10 election in the district's election report to the Texas Natural
6-11 Resource Conservation Commission.
6-12 (e) Section 41.001(a), Election Code, does not apply to a
6-13 confirmation and initial directors' election held as provided by
6-14 this section.
6-15 (f) Except as provided by this section, a confirmation and
6-16 initial directors' election must be conducted as provided by
6-17 Sections 36.017(b)-(h), Water Code, and the Election Code.
6-18 SECTION 11. ELECTION OF PERMANENT DIRECTORS. (a) On the
6-19 first Saturday in May of the first even-numbered year after the
6-20 year in which the district is authorized to be created at a
6-21 confirmation election, an election shall be held in the district
6-22 for the election of directors from Precincts 1 and 3, to serve
6-23 two-year terms, and of directors from Precincts 2 and 4 and from
6-24 the district at large, to serve four-year terms.
6-25 (b) On the first Saturday in May of each subsequent second
6-26 year following the election, the appropriate number of directors
6-27 shall be elected.
7-1 SECTION 12. DISTRICT REVENUES. To pay the maintenance and
7-2 operating costs of the district and to pay any bonds or notes
7-3 issued by the district the district may:
7-4 (1) subject to voter approval, impose an ad valorem
7-5 tax at a rate not to exceed two cents on each $100 valuation of
7-6 taxable property in the district;
7-7 (2) assess fees for services or for water withdrawn
7-8 from non-exempt wells; or
7-9 (3) solicit and accept grants from any private or
7-10 public source.
7-11 SECTION 13. ELECTION TO APPROVE BONDS OR NOTES. The district
7-12 may not issue or sell bonds or notes payable from any source unless
7-13 the action is approved by a majority of the voters of the district
7-14 voting at an election called and held for that purpose.
7-15 SECTION 14. DISTRICT NAME. The board of directors of the
7-16 district by resolution may change the district's name.
7-17 SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
7-18 The proper and legal notice of the intention to introduce this Act,
7-19 setting forth the general substance of this Act, has been published
7-20 as provided by law, and the notice and a copy of this Act have been
7-21 furnished to all persons, agencies, officials, or entities to which
7-22 they are required to be furnished by the constitution and other
7-23 laws of this state, including the governor, who has submitted the
7-24 notice and Act to the Texas Natural Resource Conservation
7-25 Commission.
7-26 (b) The Texas Natural Resource Conservation Commission has
7-27 filed its recommendations relating to this Act with the governor,
8-1 lieutenant governor, and speaker of the house of representatives
8-2 within the required time.
8-3 (c) All requirements of the constitution and laws of this
8-4 state and the rules and procedures of the legislature with respect
8-5 to notice, introduction, and passage of this Act are fulfilled and
8-6 accomplished.
8-7 SECTION 16. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
8-8 takes effect September 1, 2001.
8-9 (b) If the creation of the district is not confirmed at a
8-10 confirmation election held under Section 10 of this Act before
8-11 September 1, 2003, this Act expires on that date.