By Gallego H.B. No. 1258
77R3103 MI-D
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 district may restrict or prohibit the transfer of
2-10 groundwater from the district.
2-11 (e) The rights, powers, privileges, authority, functions,
2-12 and duties of the district are not subject to the continuing right
2-13 of supervision of the state through the Texas Natural Resource
2-14 Conservation Commission.
2-15 SECTION 5. BOARD OF DIRECTORS. (a) The district is governed
2-16 by a board of 11 directors.
2-17 (b) Temporary directors serve until initial directors are
2-18 elected under Section 7 of this Act.
2-19 (c) Initial directors serve until permanent directors are
2-20 elected under Section 8 of this Act.
2-21 (d) Permanent directors serve staggered four-year terms.
2-22 (e) Each director must qualify to serve as director in the
2-23 manner provided by Section 36.055, Water Code.
2-24 (f) A director serves until the director's successor has
2-25 qualified.
2-26 (g) If there is a vacancy on the board, the remaining
2-27 directors shall appoint a director to serve the remainder of the
3-1 term. If at any time there are fewer than three qualified
3-2 directors, the Pecos County Commissioners Court shall appoint the
3-3 necessary number of persons to fill all the vacancies on the board.
3-4 (h) A director may not receive a salary or other
3-5 compensation for service as a director but may be reimbursed for
3-6 actual expenses of attending meetings at the rate in effect for
3-7 employees of Pecos County.
3-8 SECTION 6. METHOD OF ELECTING DIRECTORS. (a) The directors
3-9 of the district shall be elected according to the method provided
3-10 by this section.
3-11 (b) One director shall be elected by the qualified voters of
3-12 the entire district, two directors shall be elected from each
3-13 county commissioners precinct by the qualified voters of that
3-14 precinct, one director shall be elected from the city of Iraan by
3-15 the qualified voters of that city, and one director shall be
3-16 elected from the city of Fort Stockton by the qualified voters of
3-17 that city.
3-18 (c) To be qualified to be a candidate for or to serve as a
3-19 director at large, a person must be a registered voter in the
3-20 district. To be a candidate for or to serve as director from a
3-21 county commissioners precinct or a city, a person must be a
3-22 registered voter of that precinct or city, as applicable.
3-23 (d) A person shall indicate on the application for a place
3-24 on the ballot:
3-25 (1) the precinct or city that the person seeks to
3-26 represent; or
3-27 (2) that the person seeks to represent the district at
4-1 large.
4-2 (e) At the first election after the county commissioners
4-3 precincts are redrawn under Section 18, Article V, Texas
4-4 Constitution, eight new directors shall be elected to represent the
4-5 precincts. The directors elected shall draw lots to determine
4-6 which four directors serve two-year terms and which four directors
4-7 serve four-year terms.
4-8 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
4-9 The temporary board of directors shall call and hold an election to
4-10 confirm establishment of the district and to elect initial
4-11 directors.
4-12 (b) At the confirmation and initial directors' election, the
4-13 temporary board of directors shall have placed on the ballot the
4-14 name of any candidate filing for an initial director's position and
4-15 blank spaces to write in the names of other persons. A temporary
4-16 director who is qualified to be a candidate under Sections 5 and 6
4-17 may file for an initial director's position.
4-18 (c) Section 41.001(a), Election Code, does not apply to a
4-19 confirmation and initial directors' election held as provided by
4-20 this section.
4-21 (d) Except as provided by this section, a confirmation and
4-22 initial directors' election must be conducted as provided by
4-23 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-24 (e) The elected initial directors shall draw lots to
4-25 determine their terms. One director from each county commissioners
4-26 precinct and the director from the district at large serve terms
4-27 that expire on the date of the first election held under Section 8
5-1 of this Act. The remaining directors serve terms that expire on the
5-2 date of the second election held under Section 8 of this Act.
5-3 (f) If the majority of the votes cast at an election held
5-4 under this section is against the confirmation of the district, the
5-5 temporary directors may call another election under this section
5-6 not later than August 31, 2003.
5-7 SECTION 8. ELECTION OF DIRECTORS. On the first Saturday in
5-8 May of the first even-numbered year after the year in which the
5-9 district is authorized to be created at a confirmation election and
5-10 on the first Saturday in May of each subsequent second year, an
5-11 election shall be held in the district to elect the appropriate
5-12 number of directors.
5-13 SECTION 9. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
5-14 The proper and legal notice of the intention to introduce this Act,
5-15 setting forth the general substance of this Act, has been published
5-16 as provided by law, and the notice and a copy of this Act have been
5-17 furnished to all persons, agencies, officials, or entities to which
5-18 they are required to be furnished by the constitution and other
5-19 laws of this state, including the governor, who has submitted the
5-20 notice and Act to the Texas Natural Resource Conservation
5-21 Commission.
5-22 (b) The Texas Natural Resource Conservation Commission has
5-23 filed its recommendations relating to this Act with the governor,
5-24 lieutenant governor, and speaker of the house of representatives
5-25 within the required time.
5-26 (c) All requirements of the constitution and laws of this
5-27 state and the rules and procedures of the legislature with respect
6-1 to the notice, introduction, and passage of this Act are fulfilled
6-2 and accomplished.
6-3 SECTION 10. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
6-4 takes effect September 1, 2001.
6-5 (b) If the creation of the district is not confirmed at a
6-6 confirmation election held under Section 7 of this Act before
6-7 September 1, 2003, the district is dissolved and this Act expires
6-8 on that date.