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. 3-58 * * * * *