By Gallego H.B. No. 1258
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ratification of the creation of and to the
1-3 administration, powers, duties, operation, and financing of the
1-4 Middle Pecos Groundwater Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. RATIFICATION OF CREATION. The creation by
1-7 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
1-8 (Senate Bill No. 1911), of the Middle Pecos Groundwater
1-9 Conservation District in Pecos County is ratified as required by
1-10 Section 15(a) of that Act, subject to approval at a confirmation
1-11 election under Section 7 of this Act.
1-12 SECTION 2. DEFINITION. In this Act, "district" means the
1-13 Middle Pecos Groundwater Conservation District.
1-14 SECTION 3. BOUNDARIES. The boundaries of the district are
1-15 coextensive with the boundaries of Pecos County, Texas.
1-16 SECTION 4. GENERAL POWERS. (a) The district has all of the
1-17 rights, powers, privileges, authority, functions, and duties
1-18 provided by the general law of this state, including Chapter 36,
1-19 Water Code, applicable to groundwater conservation districts
1-20 created under Section 59, Article XVI, Texas Constitution. This
1-21 Act prevails over any provision of general law that is in conflict
1-22 or inconsistent with this Act, including any provision of Chapter
1-23 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
1-24 Bill No. 1911).
2-1 (b) Notwithstanding Subsection (a) of this section, the
2-2 following provisions prevail over a conflicting or inconsistent
2-3 provision of this Act:
2-4 (1) Sections 36.1071-36.108, Water Code;
2-5 (2) Sections 36.159-36.161, Water Code; and
2-6 (3) Subchapter I, Chapter 36, Water Code.
2-7 (c) Section 36.121, Water Code, does not apply to the
2-8 district.
2-9 (d) The rights, powers, privileges, authority, functions,
2-10 and duties of the district are not subject to the continuing right
2-11 of supervision of the state through the Texas Natural Resource
2-12 Conservation Commission.
2-13 SECTION 5. BOARD OF DIRECTORS. (a) The district is governed
2-14 by a board of 11 directors.
2-15 (b) Temporary directors serve until initial directors are
2-16 elected under Section 7 of this Act.
2-17 (c) Initial directors serve until permanent directors are
2-18 elected under Section 8 of this Act.
2-19 (d) Permanent directors serve staggered four-year terms.
2-20 (e) Each director must qualify to serve as director in the
2-21 manner provided by Section 36.055, Water Code.
2-22 (f) A director serves until the director's successor has
2-23 qualified.
2-24 (g) If there is a vacancy on the board, the remaining
2-25 directors shall appoint a director to serve the remainder of the
2-26 term. If at any time there are fewer than three qualified
2-27 directors, the Pecos County Commissioners Court shall appoint the
3-1 necessary number of persons to fill all the vacancies on the board.
3-2 (h) A director may not receive a salary or other
3-3 compensation for service as a director but may be reimbursed for
3-4 actual expenses of attending meetings at the rate in effect for
3-5 employees of Pecos County.
3-6 SECTION 6. METHOD OF ELECTING DIRECTORS. (a) The directors
3-7 of the district shall be elected according to the method provided
3-8 by this section.
3-9 (b) One director shall be elected by the qualified voters of
3-10 the entire district, two directors shall be elected from each
3-11 county commissioners precinct by the qualified voters of that
3-12 precinct, one director shall be elected from the city of Iraan by
3-13 the qualified voters of that city, and one director shall be
3-14 elected from the city of Fort Stockton by the qualified voters of
3-15 that city.
3-16 (c) To be qualified to be a candidate for or to serve as a
3-17 director at large, a person must be a registered voter in the
3-18 district. To be a candidate for or to serve as director from a
3-19 county commissioners precinct or a city, a person must be a
3-20 registered voter of that precinct or city, as applicable.
3-21 (d) A person shall indicate on the application for a place
3-22 on the ballot:
3-23 (1) the precinct or city that the person seeks to
3-24 represent; or
3-25 (2) that the person seeks to represent the district at
3-26 large.
3-27 (e) At the first election after the county commissioners
4-1 precincts are redrawn under Section 18, Article V, Texas
4-2 Constitution, eight new directors shall be elected to represent the
4-3 precincts. The directors elected shall draw lots to determine
4-4 which four directors serve two-year terms and which four directors
4-5 serve four-year terms.
4-6 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
4-7 The temporary board of directors shall call and hold an election to
4-8 confirm establishment of the district and to elect initial
4-9 directors.
4-10 (b) At the confirmation and initial directors' election, the
4-11 temporary board of directors shall have placed on the ballot the
4-12 name of any candidate filing for an initial director's position and
4-13 blank spaces to write in the names of other persons. A temporary
4-14 director who is qualified to be a candidate under Sections 5 and 6
4-15 may file for an initial director's position.
4-16 (c) Section 41.001(a), Election Code, does not apply to a
4-17 confirmation and initial directors' election held as provided by
4-18 this section.
4-19 (d) Except as provided by this section, a confirmation and
4-20 initial directors' election must be conducted as provided by
4-21 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-22 (e) The elected initial directors shall draw lots to
4-23 determine their terms. One director from each county commissioners
4-24 precinct and the director from the district at large serve terms
4-25 that expire on the date of the first election held under Section 8
4-26 of this Act. The remaining directors serve terms that expire on the
4-27 date of the second election held under Section 8 of this Act.
5-1 (f) If the majority of the votes cast at an election held
5-2 under this section is against the confirmation of the district, the
5-3 temporary directors may call another election under this section
5-4 not later than August 31, 2003.
5-5 SECTION 8. ELECTION OF DIRECTORS. On the first Saturday in
5-6 May of the first even-numbered year after the year in which the
5-7 district is authorized to be created at a confirmation election and
5-8 on the first Saturday in May of each subsequent second year, an
5-9 election shall be held in the district to elect the appropriate
5-10 number of directors.
5-11 SECTION 9. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
5-12 The proper and legal notice of the intention to introduce this Act,
5-13 setting forth the general substance of this Act, has been published
5-14 as provided by law, and the notice and a copy of this Act have been
5-15 furnished to all persons, agencies, officials, or entities to which
5-16 they are required to be furnished by the constitution and other
5-17 laws of this state, including the governor, who has submitted the
5-18 notice and Act to the Texas Natural Resource Conservation
5-19 Commission.
5-20 (b) The Texas Natural Resource Conservation Commission has
5-21 filed its recommendations relating to this Act with the governor,
5-22 lieutenant governor, and speaker of the house of representatives
5-23 within the required time.
5-24 (c) All requirements of the constitution and laws of this
5-25 state and the rules and procedures of the legislature with respect
5-26 to the notice, introduction, and passage of this Act are fulfilled
5-27 and accomplished.
6-1 SECTION 10. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
6-2 takes effect September 1, 2001.
6-3 (b) If the creation of the district is not confirmed at a
6-4 confirmation election held under Section 7 of this Act before
6-5 September 1, 2003, the district is dissolved and this Act expires
6-6 on that date.