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. 3-12 * * * * *