1-1     By:  Cook (Senate Sponsor - Armbrister)               H.B. No. 1136
 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 Post Oak Groundwater Conservation
1-10     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 Post Oak Groundwater Conservation
1-14     District, is created in Colorado County, subject to approval at a
1-15     confirmation and initial directors' election under Section 10 of
1-16     this Act.  The district is a governmental agency and a body politic
1-17     and corporate.
1-18           (b)  The district is created under and is essential to
1-19     accomplish the purposes of Section 59, Article XVI, Texas
1-20     Constitution.
1-21           SECTION 2. DEFINITION.  In this Act, "district" means the
1-22     Post Oak Groundwater Conservation District.
1-23           SECTION 3. BOUNDARIES.  The boundaries of the district are
1-24     coextensive with the boundaries of Colorado County, Texas.
1-25           SECTION 4. FINDING OF BENEFIT.  All of the land and other
1-26     property included within the boundaries of the district will be
1-27     benefited by the works and projects that are to be accomplished by
1-28     the district under powers conferred by Section 59, Article XVI,
1-29     Texas Constitution. The district is created to serve a public use
1-30     and benefit.
1-31           SECTION 5. GENERAL POWERS. (a)  Except as otherwise provided
1-32     by this Act, the district has all of the rights, powers,
1-33     privileges, authority, functions, and duties provided by the
1-34     general law of this state, including Chapter 36, Water Code,
1-35     applicable to groundwater conservation districts created under
1-36     Section 59, Article XVI, Texas Constitution.  This Act prevails
1-37     over any provision of general law that is in conflict or
1-38     inconsistent with this Act.
1-39           (b)  Notwithstanding Subsection (a), the following provisions
1-40     prevail over a conflicting or inconsistent provision of this Act:
1-41                 (1)  Sections 36.1071-36.108, Water Code;
1-42                 (2)  Sections 36.159-36.161, Water Code; and
1-43                 (3)  Subchapter I, Chapter 36, Water Code.
1-44           SECTION 6. REGIONAL COOPERATION.    To provide for regional
1-45     cooperation and continuity, the district shall:
1-46                 (1)  participate as needed in coordination meetings
1-47     with adjacent districts that share one or more aquifers with the
1-48     district;
1-49                 (2)  adopt a management plan that describes this
1-50     cooperation;
1-51                 (3)  coordinate the collection of data with adjacent
1-52     districts in such a way as to achieve relative uniformity of data
1-53     type and quality;
1-54                 (4)  provide groundwater level data to adjacent
1-55     districts;
1-56                 (5)  investigate any aquifer pollution with the
1-57     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 seven 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 for those positions 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, in position number order, is composed of:
2-15                 (1)  Precinct 1:              Brad Engstrom;
2-16                 (2)  Precinct 2:              Gordon Mercer;
2-17                 (3)  Precinct 3:              Bob Pickens;
2-18                 (4)  Precinct 4:              Jack Johnson;
2-19                 (5)  City of Eagle Lake:      Ronald Holland;
2-20                 (6)  City of Columbus:        Leroy Sebesta; and
2-21                 (7)  City of Weimar:          Vince Slominski.
2-22           (b)  If a temporary director fails to qualify for office, the
2-23     temporary directors who have qualified shall appoint a person to
2-24     fill the vacancy.  If at any time there are fewer than four
2-25     qualified temporary directors, the Texas Natural Resource
2-26     Conservation Commission shall appoint the necessary number of
2-27     persons to fill all vacancies on the board.
2-28           SECTION 9. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
2-29     PRECINCTS. (a) The directors of the district shall be elected
2-30     according to the commissioners precinct method as provided by this
2-31     section.
2-32           (b)  Three at-large directors shall be elected by the voters
2-33     of the entire district, and one director shall be elected from each
2-34     county commissioners precinct by the voters of that precinct.
2-35           (c)  To be qualified to be a candidate for or to serve as
2-36     director from a county commissioners precinct, a person must be a
2-37     registered voter of that precinct.  To be qualified to be a
2-38     candidate for or to serve as a director at large, a person must be
2-39     a registered voter in the district and:
2-40                 (1)  for position 5, a registered voter in the city of
2-41     Eagle Lake;
2-42                 (2)  for position 6, a registered voter in the city of
2-43     Columbus; and
2-44                 (3)  for position 7, a registered voter in the city of
2-45     Weimar.
2-46           (d)  A person shall indicate on the application for a place
2-47     on the ballot:
2-48                 (1)  the precinct that the person seeks to represent;
2-49     or
2-50                 (2)  that the person seeks to represent the district at
2-51     large and the city in which the person resides.
2-52           (e)  At the first election after the county commissioners
2-53     precincts are redrawn under Section 18, Article V, Texas
2-54     Constitution, seven new directors shall be elected to represent the
2-55     district.  The directors elected to positions 2, 4, and 6 shall be
2-56     elected for two-year terms.  The directors elected to positions 1,
2-57     3, 5,  and 7 shall be elected for four-year terms.
2-58           SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
2-59     The temporary board of directors shall call and hold an election to
2-60     confirm establishment of the district and to elect initial
2-61     directors.
2-62           (b)  At the confirmation and initial directors' election, the
2-63     temporary board of directors shall have placed on the ballot the
2-64     name of any candidate for an initial director's position and blank
2-65     spaces to write in the names of other persons.  A temporary
2-66     director who is qualified to be a candidate under Section 9 may
2-67     file for an initial director's position.
2-68           (c)  Section 41.001(a), Election Code, does not apply to a
2-69     confirmation and initial directors' election held as provided by
 3-1     this section.
 3-2           (d)  Except as provided by this section, a confirmation and
 3-3     initial directors' election must be conducted as provided by
 3-4     Sections 36.017(b)-(h), Water Code, and the Election Code.
 3-5           (e)  If a majority of the votes cast at the election are
 3-6     against the creation of the district, the temporary directors may
 3-7     call and hold subsequent elections to confirm the establishment of
 3-8     the district.  A subsequent election may not be held earlier than
 3-9     the first anniversary of the date on which the previous election
3-10     was held.
3-11           SECTION 11. ELECTION OF PERMANENT DIRECTORS. (a)  On the
3-12     first Saturday in May of the first even-numbered year after the
3-13     year in which the district is authorized to  be created at a
3-14     confirmation election, an election shall be held in the district
3-15     for the election of directors for positions 2, 4, and 6 to serve
3-16     four-year terms.
3-17           (b)  On the first Saturday in  May of the second year after
3-18     the election held under Subsection (a), an election shall be held
3-19     in the district for the election of directors for positions 1, 3,
3-20     5, and 7 to serve four-year terms.
3-21           (c)  On the first Saturday in May of each subsequent second
3-22     year following the election held under Subsection (b), the
3-23     appropriate number of directors shall be elected.
3-24           SECTION 12. DISTRICT REVENUES.  To pay the maintenance and
3-25     operating costs of the district and to pay any bonds or notes
3-26     issued by the district the district may:
3-27                 (1)  subject to voter approval, impose an ad valorem
3-28     tax at a rate not to exceed five cents on each $100 valuation of
3-29     taxable property in the district;
3-30                 (2)  assess fees for services or for water withdrawn
3-31     from non-exempt wells;
3-32                 (3)  solicit and accept grants from any private or
3-33     public source; or
3-34                 (4)  assess a transfer fee on water exported from the
3-35     district.
3-36           SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
3-37     The proper and legal notice of the intention to introduce this Act,
3-38     setting forth the general substance of this Act, has been published
3-39     as provided by law, and the notice and a copy of this Act have been
3-40     furnished to all persons, agencies, officials, or entities to which
3-41     they are required to be furnished by the constitution and other
3-42     laws of this state, including the governor, who has submitted the
3-43     notice and Act to the Texas Natural Resource Conservation
3-44     Commission.
3-45           (b)  The Texas Natural Resource Conservation Commission has
3-46     filed its recommendations relating to this Act with the governor,
3-47     lieutenant governor, and speaker of the house of representatives
3-48     within the required time.
3-49           (c)  All requirements of the constitution and laws of this
3-50     state and the rules and procedures of the legislature with respect
3-51     to notice, introduction, and passage of this Act are fulfilled and
3-52     accomplished.
3-53           SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a)  This Act
3-54     takes effect September 1, 2001.
3-55           (b)  If the creation of the district is not confirmed at a
3-56     confirmation election held under Section 10 of this Act before
3-57     September 1, 2003, this Act expires on that date.
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