1-1     By:  Gallego (Senate Sponsor - Madla)                 H.B. No. 1258
 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; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the ratification of the creation of and to the
 1-9     administration, powers, duties, operation, and financing of the
1-10     Middle Pecos Groundwater Conservation District.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  RATIFICATION OF CREATION.  The creation by
1-13     Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
1-14     (Senate Bill No. 1911), of the Middle Pecos Groundwater
1-15     Conservation District in Pecos County is ratified as required by
1-16     Section 15(a) of that Act, subject to approval at a confirmation
1-17     election under Section 7 of this Act.
1-18           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-19     Middle Pecos Groundwater Conservation District.
1-20           SECTION 3.  BOUNDARIES. The boundaries of the district are
1-21     coextensive with the boundaries of Pecos County, Texas.
1-22           SECTION 4.  GENERAL POWERS.  (a)  The district has all of the
1-23     rights, powers, privileges, authority, functions, and duties
1-24     provided by the general law of this state, including Chapter 36,
1-25     Water Code, applicable to groundwater conservation districts
1-26     created under Section 59, Article XVI, Texas Constitution.  This
1-27     Act prevails over any provision of general law that is in conflict
1-28     or inconsistent with this Act, including any provision of Chapter
1-29     1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
1-30     Bill No. 1911).
1-31           (b)  Notwithstanding Subsection (a) of this section, the
1-32     following provisions prevail over a conflicting or inconsistent
1-33     provision of this Act:
1-34                 (1)  Sections 36.1071-36.108, Water Code;
1-35                 (2)  Sections 36.159-36.161, Water Code; and
1-36                 (3)  Subchapter I, Chapter 36, Water Code.
1-37           (c)  Section 36.121, Water Code, does not apply to the
1-38     district.
1-39           (d)  The rights, powers, privileges, authority, functions,
1-40     and duties of the district are not subject to the continuing right
1-41     of supervision of the  state through the Texas Natural Resource
1-42     Conservation Commission.
1-43           SECTION 5.  BOARD OF DIRECTORS. (a)  The district is governed
1-44     by a board of 11 directors.
1-45           (b)  Temporary directors serve until initial directors are
1-46     elected under Section 7 of this Act.
1-47           (c)  Initial directors serve until permanent directors are
1-48     elected under Section 8 of this Act.
1-49           (d)  Permanent directors serve staggered four-year terms.
1-50           (e)  Each director must qualify to serve as director in the
1-51     manner provided by Section 36.055, Water Code.
1-52           (f)  A director serves until the director's successor has
1-53     qualified.
1-54           (g)  If there is a vacancy on the board, the remaining
1-55     directors shall appoint a director to serve the remainder of the
1-56     term. If at any time there are fewer than three qualified
1-57     directors, the Pecos County Commissioners Court shall appoint the
1-58     necessary number of persons to fill all the vacancies on the board.
1-59           (h)  A director may not receive a salary or other
1-60     compensation for service as a director but may be reimbursed for
1-61     actual expenses of attending meetings at the rate in effect for
1-62     employees of Pecos County.
1-63           SECTION 6.  METHOD OF ELECTING DIRECTORS.  (a)  The directors
1-64     of the district shall be elected according to the method provided
 2-1     by this section.
 2-2           (b)  One director shall be elected by the qualified voters of
 2-3     the entire district, two directors shall be elected from each
 2-4     county commissioners precinct by the qualified voters of that
 2-5     precinct, one director shall be elected from the city of Iraan by
 2-6     the qualified voters of that city, and one director shall be
 2-7     elected from the city of Fort Stockton by the qualified voters of
 2-8     that city.
 2-9           (c)  To be qualified to be a candidate for or to serve as a
2-10     director at large, a person must be a registered voter in the
2-11     district.  To be a candidate for or to serve as director from a
2-12     county commissioners precinct or a city, a person must be a
2-13     registered voter of that precinct or city, as applicable.
2-14           (d)  A person shall indicate on the application for a place
2-15     on the ballot:
2-16                 (1)  the precinct or city that the person seeks to
2-17     represent; or
2-18                 (2)  that the person seeks to represent the district at
2-19     large.
2-20           (e)  At the first election after the county commissioners
2-21     precincts are redrawn under Section 18, Article V, Texas
2-22     Constitution, eight new directors shall be elected to represent the
2-23     precincts.  The directors elected shall draw lots to determine
2-24     which four directors serve two-year terms and which four directors
2-25     serve four-year terms.
2-26           SECTION 7.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
2-27     The temporary board of directors shall call and hold an election to
2-28     confirm establishment of the district and to elect initial
2-29     directors.
2-30           (b)  At the confirmation and initial directors' election, the
2-31     temporary board of directors shall have placed on the ballot the
2-32     name of any candidate filing for an initial director's position and
2-33     blank spaces to write in the names of other persons.  A temporary
2-34     director who is qualified to be a candidate under Sections 5 and 6
2-35     may file for an initial director's position.
2-36           (c)  Section 41.001(a), Election Code, does not apply to a
2-37     confirmation and initial directors' election held as provided by
2-38     this section.
2-39           (d)  Except as provided by this section, a confirmation and
2-40     initial directors' election must be conducted as provided by
2-41     Sections 36.017(b)-(h), Water Code, and the Election Code.
2-42           (e)  The elected initial directors shall draw lots to
2-43     determine their terms.  One director from each county commissioners
2-44     precinct and the director from the district at large serve terms
2-45     that expire on the date of the first election held under Section 8
2-46     of this Act. The remaining directors serve terms that expire on the
2-47     date of the second election held under Section 8 of this Act.
2-48           (f)  If the majority of the votes cast at an election held
2-49     under this section is against the confirmation of the district, the
2-50     temporary directors may call another election under this section
2-51     not later than August 31, 2003.
2-52           SECTION 8.  ELECTION OF DIRECTORS.  On the first Saturday in
2-53     May of the first even-numbered year after the year in which the
2-54     district is authorized to be created at a confirmation election and
2-55     on the first Saturday in May of each subsequent second year, an
2-56     election shall be held in the district to elect the appropriate
2-57     number of directors.
2-58           SECTION 9.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  (a)
2-59     The proper and legal notice of the intention to introduce this Act,
2-60     setting forth the general substance of this Act, has been published
2-61     as provided by law, and the notice and a copy of this Act have been
2-62     furnished to all persons, agencies, officials, or entities to which
2-63     they are required to be furnished by the constitution and other
2-64     laws of this state, including the governor, who has submitted the
2-65     notice and Act to the Texas Natural Resource Conservation
2-66     Commission.
2-67           (b)  The Texas Natural Resource Conservation Commission has
2-68     filed its recommendations relating to this Act with the governor,
2-69     lieutenant governor, and speaker of the house of representatives
 3-1     within the required time.
 3-2           (c)  All requirements of the constitution and laws of this
 3-3     state and the rules and procedures of the legislature with respect
 3-4     to the notice, introduction, and passage of this Act are fulfilled
 3-5     and accomplished.
 3-6           SECTION 10.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
 3-7     takes effect September 1, 2001.
 3-8           (b)  If the creation of the district is not confirmed at a
 3-9     confirmation election held under Section 7 of this Act before
3-10     September 1, 2003, the district is dissolved and this Act expires
3-11     on that date.
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