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 (e) In addition to other fees assessed by the district, the
2-14 district may assess an additional fee on groundwater transferred
2-15 out of the district not to exceed 10 percent of the amount of the
2-16 fee assessed for the production of water for use within the
2-17 district.
2-18 (f) The district may not impose any additional rules or
2-19 regulations on the production of groundwater for use outside of the
2-20 district than imposed upon production for in-district use.
2-21 SECTION 5. BOARD OF DIRECTORS. (a) The district is governed
2-22 by a board of 11 directors.
2-23 (b) Temporary directors serve until initial directors are
2-24 elected under Section 7 of this Act.
2-25 (c) Initial directors serve until permanent directors are
2-26 elected under Section 8 of this Act.
2-27 (d) Permanent directors serve staggered four-year terms.
3-1 (e) Each director must qualify to serve as director in the
3-2 manner provided by Section 36.055, Water Code.
3-3 (f) A director serves until the director's successor has
3-4 qualified.
3-5 (g) If there is a vacancy on the board, the remaining
3-6 directors shall appoint a director to serve the remainder of the
3-7 term. If at any time there are fewer than three qualified
3-8 directors, the Pecos County Commissioners Court shall appoint the
3-9 necessary number of persons to fill all the vacancies on the board.
3-10 (h) A director may not receive a salary or other
3-11 compensation for service as a director but may be reimbursed for
3-12 actual expenses of attending meetings at the rate in effect for
3-13 employees of Pecos County.
3-14 SECTION 6. METHOD OF ELECTING DIRECTORS. (a) The directors
3-15 of the district shall be elected according to the method provided
3-16 by this section.
3-17 (b) One director shall be elected by the qualified voters of
3-18 the entire district, two directors shall be elected from each
3-19 county commissioners precinct by the qualified voters of that
3-20 precinct, one director shall be elected from the city of Iraan by
3-21 the qualified voters of that city, and one director shall be
3-22 elected from the city of Fort Stockton by the qualified voters of
3-23 that city.
3-24 (c) To be qualified to be a candidate for or to serve as a
3-25 director at large, a person must be a registered voter in the
3-26 district. To be a candidate for or to serve as director from a
3-27 county commissioners precinct or a city, a person must be a
4-1 registered voter of that precinct or city, as applicable.
4-2 (d) A person shall indicate on the application for a place
4-3 on the ballot:
4-4 (1) the precinct or city that the person seeks to
4-5 represent; or
4-6 (2) that the person seeks to represent the district at
4-7 large.
4-8 (e) At the first election after the county commissioners
4-9 precincts are redrawn under Section 18, Article V, Texas
4-10 Constitution, eight new directors shall be elected to represent the
4-11 precincts. The directors elected shall draw lots to determine
4-12 which four directors serve two-year terms and which four directors
4-13 serve four-year terms.
4-14 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
4-15 The temporary board of directors shall call and hold an election to
4-16 confirm establishment of the district and to elect initial
4-17 directors.
4-18 (b) At the confirmation and initial directors' election, the
4-19 temporary board of directors shall have placed on the ballot the
4-20 name of any candidate filing for an initial director's position and
4-21 blank spaces to write in the names of other persons. A temporary
4-22 director who is qualified to be a candidate under Sections 5 and 6
4-23 may file for an initial director's position.
4-24 (c) Section 41.001(a), Election Code, does not apply to a
4-25 confirmation and initial directors' election held as provided by
4-26 this section.
4-27 (d) Except as provided by this section, a confirmation and
5-1 initial directors' election must be conducted as provided by
5-2 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-3 (e) The elected initial directors shall draw lots to
5-4 determine their terms. One director from each county commissioners
5-5 precinct and the director from the district at large serve terms
5-6 that expire on the date of the first election held under Section 8
5-7 of this Act. The remaining directors serve terms that expire on the
5-8 date of the second election held under Section 8 of this Act.
5-9 (f) If the majority of the votes cast at an election held
5-10 under this section is against the confirmation of the district, the
5-11 temporary directors may call another election under this section
5-12 not later than August 31, 2003.
5-13 SECTION 8. ELECTION OF DIRECTORS. On the first Saturday in
5-14 May of the first even-numbered year after the year in which the
5-15 district is authorized to be created at a confirmation election and
5-16 on the first Saturday in May of each subsequent second year, an
5-17 election shall be held in the district to elect the appropriate
5-18 number of directors.
5-19 SECTION 9. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
5-20 The proper and legal notice of the intention to introduce this Act,
5-21 setting forth the general substance of this Act, has been published
5-22 as provided by law, and the notice and a copy of this Act have been
5-23 furnished to all persons, agencies, officials, or entities to which
5-24 they are required to be furnished by the constitution and other
5-25 laws of this state, including the governor, who has submitted the
5-26 notice and Act to the Texas Natural Resource Conservation
5-27 Commission.
6-1 (b) The Texas Natural Resource Conservation Commission has
6-2 filed its recommendations relating to this Act with the governor,
6-3 lieutenant governor, and speaker of the house of representatives
6-4 within the required time.
6-5 (c) All requirements of the constitution and laws of this
6-6 state and the rules and procedures of the legislature with respect
6-7 to the notice, introduction, and passage of this Act are fulfilled
6-8 and accomplished.
6-9 SECTION 10. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
6-10 takes effect September 1, 2001.
6-11 (b) If the creation of the district is not confirmed at a
6-12 confirmation election held under Section 7 of this Act before
6-13 September 1, 2003, the district is dissolved and this Act expires
6-14 on that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1258 was passed by the House on March
29, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1258 on May 24, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1258 was passed by the Senate, with
amendments, on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor