By Cook H.B. No. 1136 77R2952 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 Post Oak Groundwater Conservation 1-4 District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION. (a) A groundwater conservation 1-7 district, to be known as the Post Oak Groundwater Conservation 1-8 District, is created in Colorado County, subject to approval at a 1-9 confirmation and initial directors' election under Section 10 of 1-10 this Act. The district is a governmental agency and a body politic 1-11 and corporate. 1-12 (b) The district is created under and is essential to 1-13 accomplish the purposes of Section 59, Article XVI, Texas 1-14 Constitution. 1-15 SECTION 2. DEFINITION. In this Act, "district" means the 1-16 Post Oak Groundwater Conservation District. 1-17 SECTION 3. BOUNDARIES. The boundaries of the district are 1-18 coextensive with the boundaries of Colorado County, Texas. 1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-20 property included within the boundaries of the district will be 1-21 benefited by the works and projects that are to be accomplished by 1-22 the district under powers conferred by Section 59, Article XVI, 1-23 Texas Constitution. The district is created to serve a public use 1-24 and benefit. 2-1 SECTION 5. GENERAL POWERS. (a) Except as otherwise provided 2-2 by this Act, the district has all of the rights, powers, 2-3 privileges, authority, functions, and duties provided by the 2-4 general law of this state, including Chapter 36, Water Code, 2-5 applicable to groundwater conservation districts created under 2-6 Section 59, Article XVI, Texas Constitution. This Act prevails 2-7 over any provision of general law that is in conflict or 2-8 inconsistent with this Act. 2-9 (b) Notwithstanding Subsection (a), the following provisions 2-10 prevail over a conflicting or inconsistent provision of this Act: 2-11 (1) Sections 36.1071-36.108, Water Code; 2-12 (2) Sections 36.159-36.161, Water Code; and 2-13 (3) Subchapter I, Chapter 36, Water Code. 2-14 SECTION 6. REGIONAL COOPERATION. To provide for regional 2-15 cooperation and continuity, the district shall: 2-16 (1) participate as needed in coordination meetings 2-17 with adjacent districts that share one or more aquifers with the 2-18 district; 2-19 (2) adopt a management plan that describes this 2-20 cooperation; 2-21 (3) coordinate the collection of data with adjacent 2-22 districts in such a way as to achieve relative uniformity of data 2-23 type and quality; 2-24 (4) provide groundwater level data to adjacent 2-25 districts; 2-26 (5) investigate any aquifer pollution with the 2-27 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 seven 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 for those positions 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, in position number order, is composed of: 3-22 (1) Precinct 1: Brad Engstrom; 3-23 (2) Precinct 2: Gordon Mercer; 3-24 (3) Precinct 3: Bob Pickens; 3-25 (4) Precinct 4: Jack Johnson; 3-26 (5) City of Eagle Lake: Ronald Holland; 3-27 (6) City of Columbus: Leroy Sebesta; and 4-1 (7) City of Weimar: Vince Slominski. 4-2 (b) If a temporary director fails to qualify for office, the 4-3 temporary directors who have qualified shall appoint a person to 4-4 fill the vacancy. If at any time there are fewer than four 4-5 qualified temporary directors, the Texas Natural Resource 4-6 Conservation Commission shall appoint the necessary number of 4-7 persons to fill all vacancies on the board. 4-8 SECTION 9. METHOD OF ELECTING DIRECTORS: COMMISSIONERS 4-9 PRECINCTS. (a) The directors of the district shall be elected 4-10 according to the commissioners precinct method as provided by this 4-11 section. 4-12 (b) Three at-large directors shall be elected by the voters 4-13 of the entire district, and one director shall be elected from each 4-14 county commissioners precinct by the voters of that precinct. 4-15 (c) To be qualified to be a candidate for or to serve as 4-16 director from a county commissioners precinct, a person must be a 4-17 registered voter of that precinct. To be qualified to be a 4-18 candidate for or to serve as a director at large, a person must be 4-19 a registered voter in the district and: 4-20 (1) for position 5, a registered voter in the city of 4-21 Eagle Lake; 4-22 (2) for position 6, a registered voter in the city of 4-23 Columbus; and 4-24 (3) for position 7, a registered voter in the city of 4-25 Weimar. 4-26 (d) A person shall indicate on the application for a place 4-27 on the ballot: 5-1 (1) the precinct that the person seeks to represent; 5-2 or 5-3 (2) that the person seeks to represent the district at 5-4 large and the city in which the person resides. 5-5 (e) At the first election after the county commissioners 5-6 precincts are redrawn under Section 18, Article V, Texas 5-7 Constitution, seven new directors shall be elected to represent the 5-8 district. The directors elected to positions 2, 4, and 6 shall be 5-9 elected for two-year terms. The directors elected to positions 1, 5-10 3, 5, and 7 shall be elected for four-year terms. 5-11 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 5-12 The temporary board of directors shall call and hold an election to 5-13 confirm establishment of the district and to elect initial 5-14 directors. 5-15 (b) At the confirmation and initial directors' election, the 5-16 temporary board of directors shall have placed on the ballot the 5-17 name of any candidate for an initial director's position and blank 5-18 spaces to write in the names of other persons. A temporary 5-19 director who is qualified to be a candidate under Section 9 may 5-20 file for an initial director's position. 5-21 (c) Section 41.001(a), Election Code, does not apply to a 5-22 confirmation and initial directors' election held as provided by 5-23 this section. 5-24 (d) Except as provided by this section, a confirmation and 5-25 initial directors' election must be conducted as provided by 5-26 Sections 36.017(b)-(h), Water Code, and the Election Code. 5-27 (e) If a majority of the votes cast at the election are 6-1 against the creation of the district, the temporary directors may 6-2 call and hold subsequent elections to confirm the establishment of 6-3 the district. A subsequent election may not be held earlier than 6-4 the first anniversary of the date on which the previous election 6-5 was held. 6-6 SECTION 11. ELECTION OF PERMANENT DIRECTORS. (a) On the 6-7 first Saturday in May of the first even-numbered year after the 6-8 year in which the district is authorized to be created at a 6-9 confirmation election, an election shall be held in the district 6-10 for the election of directors for positions 2, 4, and 6 to serve 6-11 four-year terms. 6-12 (b) On the first Saturday in May of the second year after 6-13 the election held under Subsection (a), an election shall be held 6-14 in the district for the election of directors for positions 1, 3, 6-15 5, and 7 to serve four-year terms. 6-16 (c) On the first Saturday in May of each subsequent second 6-17 year following the election held under Subsection (b), the 6-18 appropriate number of directors shall be elected. 6-19 SECTION 12. DISTRICT REVENUES. To pay the maintenance and 6-20 operating costs of the district and to pay any bonds or notes 6-21 issued by the district the district may: 6-22 (1) subject to voter approval, impose an ad valorem 6-23 tax at a rate not to exceed five cents on each $100 valuation of 6-24 taxable property in the district; 6-25 (2) assess fees for services or for water withdrawn 6-26 from non-exempt wells; 6-27 (3) solicit and accept grants from any private or 7-1 public source; or 7-2 (4) assess a transfer fee on water exported from the 7-3 district. 7-4 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 7-5 The proper and legal notice of the intention to introduce this Act, 7-6 setting forth the general substance of this Act, has been published 7-7 as provided by law, and the notice and a copy of this Act have been 7-8 furnished to all persons, agencies, officials, or entities to which 7-9 they are required to be furnished by the constitution and other 7-10 laws of this state, including the governor, who has submitted the 7-11 notice and Act to the Texas Natural Resource Conservation 7-12 Commission. 7-13 (b) The Texas Natural Resource Conservation Commission has 7-14 filed its recommendations relating to this Act with the governor, 7-15 lieutenant governor, and speaker of the house of representatives 7-16 within the required time. 7-17 (c) All requirements of the constitution and laws of this 7-18 state and the rules and procedures of the legislature with respect 7-19 to notice, introduction, and passage of this Act are fulfilled and 7-20 accomplished. 7-21 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 7-22 takes effect September 1, 2001. 7-23 (b) If the creation of the district is not confirmed at a 7-24 confirmation election held under Section 10 of this Act before 7-25 September 1, 2003, this Act expires on that date.