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                                  * * * * *