1-1 By: Cook (Senate Sponsor - Armbrister) H.B. No. 1081 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; April 30, 2001, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; April 30, 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 Colorado Valley Groundwater 1-10 Conservation District, including the district's authority to impose 1-11 taxes and issue bonds. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. CREATION. (a) A groundwater conservation 1-14 district, to be known as the Colorado Valley Groundwater 1-15 Conservation District, is created in Fayette County, subject to 1-16 approval at a confirmation and initial directors' election under 1-17 Section 10 of this Act. The district is a governmental agency and 1-18 a body politic and corporate. 1-19 (b) The district is created under and is essential to 1-20 accomplish the purposes of Section 59, Article XVI, Texas 1-21 Constitution. 1-22 SECTION 2. DEFINITION. In this Act, "district" means the 1-23 Colorado Valley Groundwater Conservation District. 1-24 SECTION 3. BOUNDARIES. The boundaries of the district are 1-25 coextensive with the boundaries of Fayette County, Texas. 1-26 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-27 property included within the boundaries of the district will be 1-28 benefited by the works and projects that are to be accomplished by 1-29 the district under powers conferred by Section 59, Article XVI, 1-30 Texas Constitution. The district is created to serve a public use 1-31 and benefit. 1-32 SECTION 5. GENERAL POWERS. (a) Except as otherwise provided 1-33 by this Act, the district has all of the rights, powers, 1-34 privileges, authority, functions, and duties provided by the 1-35 general law of this state, including Chapter 36, Water Code, 1-36 applicable to groundwater conservation districts created under 1-37 Section 59, Article XVI, Texas Constitution. This Act prevails 1-38 over any provision of general law that is in conflict with or 1-39 inconsistent with this Act. 1-40 (b) Notwithstanding Subsection (a), the following provisions 1-41 prevail over a conflicting or inconsistent provision of this Act: 1-42 (1) Sections 36.1071-36.108, Water Code; 1-43 (2) Sections 36.159-36.161, Water Code; and 1-44 (3) Subchapter I, Chapter 36, Water Code. 1-45 SECTION 6. REGIONAL COOPERATION. To provide for regional 1-46 continuity, the district shall: 1-47 (1) participate in coordination meetings with adjacent 1-48 districts on an as-needed basis; 1-49 (2) coordinate the collection of data with adjacent 1-50 districts in such a way as to achieve relative uniformity of data 1-51 type and quality; 1-52 (3) coordinate efforts to monitor water quality with 1-53 adjacent districts, local governments, and state agencies; 1-54 (4) provide groundwater level data to adjacent 1-55 districts; 1-56 (5) investigate any groundwater and aquifer pollution 1-57 with the intention of locating its source; 1-58 (6) notify adjacent districts and all appropriate 1-59 agencies of any detected groundwater pollution; 1-60 (7) annually provide to adjacent districts an 1-61 inventory of water wells and an estimate of groundwater production 1-62 within the district; and 1-63 (8) include adjacent districts on the mailing lists 1-64 for district newsletters, seminars, public education events, news 2-1 articles, and field days. 2-2 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed 2-3 by a board of five directors. 2-4 (b) Temporary directors serve until initial directors are 2-5 elected under Section 10 of this Act. 2-6 (c) Initial directors serve until permanent directors are 2-7 elected under Section 11 of this Act. 2-8 (d) Permanent directors serve staggered four-year terms. 2-9 (e) Each director must qualify to serve as director in the 2-10 manner provided by Section 36.055, Water Code. 2-11 (f) A director serves until the director's successor has 2-12 qualified. 2-13 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 2-14 directors is composed of: 2-15 Precinct 1: Mr. Clinton Buschacker 2-16 1024 South Raymond 2-17 La Grange, Texas 78945; 2-18 Precinct 2: Mr. Rodney H. Willis 2-19 3647 Schulle Road 2-20 Round Top, Texas 78954; 2-21 Precinct 3: Mr. Ernest Bartek 2-22 937 West Parker 2-23 Flatonia, Texas 78941; 2-24 Precinct 4: Mr. William P. Kohlleppel 2-25 3340 North U.S. Highway 77 2-26 Schulenburg, Texas 78956; and 2-27 At Large: Mr. Shawn Raborn 2-28 155 East Colorado Street 2-29 La Grange, Texas 78945. 2-30 (b) If a temporary director fails to qualify for office, the 2-31 temporary directors who have qualified shall appoint a person to 2-32 fill the vacancy. If at any time there are fewer than three 2-33 qualified temporary directors, the Texas Natural Resource 2-34 Conservation Commission shall appoint the necessary number of 2-35 persons to fill all vacancies on the board. 2-36 SECTION 9. METHOD OF ELECTING DIRECTORS: COMMISSIONERS 2-37 PRECINCTS. (a) The directors of the district shall be elected 2-38 according to the commissioners precinct method as provided by this 2-39 section. 2-40 (b) One director shall be elected by the qualified voters of 2-41 the entire district, and one director shall be elected from each 2-42 county commissioners precinct by the qualified voters of that 2-43 precinct. 2-44 (c) To be qualified to be a candidate for or to serve as 2-45 director at large, a person must be a registered voter in the 2-46 district. To be qualified to be a candidate for or to serve as 2-47 director from a county commissioners precinct, a person must be a 2-48 registered voter of that precinct. 2-49 (d) A person shall indicate on the application for a place 2-50 on the ballot: 2-51 (1) the precinct that the person seeks to represent; 2-52 or 2-53 (2) that the person seeks to represent the district at 2-54 large. 2-55 (e) At the first election after the county commissioners 2-56 precincts are redrawn under Section 18, Article V, Texas 2-57 Constitution, four new directors shall be elected to represent the 2-58 precincts. The directors from Precincts 1 and 3 shall be elected 2-59 for two-year terms. The directors from Precincts 2 and 4 shall be 2-60 elected for four-year terms. 2-61 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 2-62 The temporary board of directors shall call and hold an election to 2-63 confirm establishment of the district and to elect initial 2-64 directors. The election must be held concurrently with another 2-65 election held by a political subdivision. 2-66 (b) A person, including a temporary director, who desires to 2-67 be a candidate for the office of initial director may file an 2-68 application with the temporary board of directors to have the 2-69 candidate's name printed on the ballot as provided by Chapter 144, 3-1 Election Code. 3-2 (c) At the confirmation and initial directors' election, the 3-3 temporary board of directors shall have placed on the ballot the 3-4 names of the persons serving as temporary directors who intend to 3-5 run for an initial director's position together with the name of 3-6 any candidate filing for an initial director's position and blank 3-7 spaces to write in the names of other persons. 3-8 (d) If the district is created at the election, the 3-9 temporary board of directors, at the time the vote is canvassed, 3-10 shall: 3-11 (1) declare the qualified person who receives the most 3-12 votes for each position to be elected as the initial director for 3-13 that position; and 3-14 (2) include the results of the initial directors' 3-15 election in the district's election report to the Texas Natural 3-16 Resource Conservation Commission. 3-17 (e) Section 41.001(a), Election Code, does not apply to a 3-18 confirmation and initial directors' election held as provided by 3-19 this section. 3-20 (f) Except as provided by this section, a confirmation and 3-21 initial directors' election must be conducted as provided by 3-22 Sections 36.017(b)-(h), Water Code, and the Election Code. 3-23 (g) If a majority of the votes cast at the election are 3-24 against the creation of the district, the temporary directors may 3-25 call and hold a subsequent election to confirm the establishment of 3-26 the district. A subsequent election may not be held earlier than 3-27 the first anniversary of the date on which the previous election 3-28 was held. 3-29 SECTION 11. ELECTION OF PERMANENT DIRECTORS. (a) On the 3-30 first Saturday in May of the first even-numbered year after the 3-31 year in which the district is authorized to be created at a 3-32 confirmation election, an election shall be held in the district 3-33 for the election of directors from Precincts 1 and 3, to serve 3-34 two-year terms, and of directors from Precincts 2 and 4 and from 3-35 the district at large, to serve four-year terms. 3-36 (b) On the first Saturday in May of each subsequent second 3-37 year following the election, the appropriate number of directors 3-38 shall be elected. 3-39 SECTION 12. DISTRICT REVENUES. To pay the maintenance and 3-40 operating costs of the district and to pay any bonds or notes 3-41 issued by the district the district may: 3-42 (1) subject to voter approval, impose an ad valorem 3-43 tax at a rate not to exceed two cents on each $100 valuation of 3-44 taxable property in the district; 3-45 (2) assess fees for services or for water withdrawn 3-46 from non-exempt wells; or 3-47 (3) solicit and accept grants from any private or 3-48 public source. 3-49 SECTION 13. ELECTION TO APPROVE BONDS OR NOTES. The district 3-50 may not issue or sell bonds or notes payable from any source unless 3-51 the action is approved by a majority of the voters of the district 3-52 voting at an election called and held for that purpose. 3-53 SECTION 14. DISTRICT NAME. The board of directors of the 3-54 district by resolution may change the district's name. 3-55 SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 3-56 The proper and legal notice of the intention to introduce this Act, 3-57 setting forth the general substance of this Act, has been published 3-58 as provided by law, and the notice and a copy of this Act have been 3-59 furnished to all persons, agencies, officials, or entities to which 3-60 they are required to be furnished by the constitution and other 3-61 laws of this state, including the governor, who has submitted the 3-62 notice and Act to the Texas Natural Resource Conservation 3-63 Commission. 3-64 (b) The Texas Natural Resource Conservation Commission has 3-65 filed its recommendations relating to this Act with the governor, 3-66 lieutenant governor, and speaker of the house of representatives 3-67 within the required time. 3-68 (c) All requirements of the constitution and laws of this 3-69 state and the rules and procedures of the legislature with respect 4-1 to notice, introduction, and passage of this Act are fulfilled and 4-2 accomplished. 4-3 SECTION 16. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 4-4 takes effect September 1, 2001. 4-5 (b) If the creation of the district is not confirmed at a 4-6 confirmation election held under Section 10 of this Act before 4-7 September 1, 2003, this Act expires on that date. 4-8 * * * * *