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 Texana 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 Texana Groundwater Conservation
1-9 District in Jackson County is ratified as required by Section 15(a)
1-10 of that Act, subject to approval at a confirmation election under
1-11 Section 7 of this Act.
1-12 SECTION 2. DEFINITION. In this Act, "district" means the
1-13 Texana Groundwater Conservation District.
1-14 SECTION 3. BOUNDARIES. The boundaries of the district are
1-15 coextensive with the boundaries of Jackson 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), the following provisions
2-2 prevail over a conflicting or inconsistent provision of this Act:
2-3 (1) Sections 36.1071-36.108, Water Code;
2-4 (2) Sections 36.159-36.161, Water Code; and
2-5 (3) Subchapter I, Chapter 36, Water Code.
2-6 SECTION 5. BOARD OF DIRECTORS. (a) The district is governed
2-7 by a board of seven directors.
2-8 (b) Temporary directors serve until initial directors are
2-9 elected under Section 7 of this Act.
2-10 (c) Initial directors serve until permanent directors are
2-11 elected under Section 8 of this Act.
2-12 (d) Permanent directors serve staggered four-year terms.
2-13 (e) Each director must qualify to serve as director in the
2-14 manner provided by Section 36.055, Water Code.
2-15 (f) A director serves until the director's successor has
2-16 qualified.
2-17 (g) If there is a vacancy on the board, the remaining
2-18 directors shall appoint a director to serve the remainder of the
2-19 term.
2-20 (h) A director may not receive a salary or other
2-21 compensation for service as a director but may be reimbursed for
2-22 actual expenses of attending meetings at the rate in effect for
2-23 employees of Jackson County.
2-24 SECTION 6. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
2-25 PRECINCTS. (a) The directors of the district shall be elected
2-26 according to the commissioners precinct method as provided by this
2-27 section.
3-1 (b) Three directors shall be elected by the electors of the
3-2 entire district, and one director shall be elected from each county
3-3 commissioners precinct by the electors of that precinct.
3-4 (c) To be qualified to be a candidate for or to serve as a
3-5 director at large, a person must be a registered voter in the
3-6 district. To be a candidate for or to serve as director from a
3-7 county commissioners precinct, a person must be a registered voter
3-8 of that precinct.
3-9 (d) A person shall indicate on the application for a place
3-10 on the ballot:
3-11 (1) the precinct that the person seeks to represent;
3-12 or
3-13 (2) that the person seeks to represent the district at
3-14 large.
3-15 (e) At the first election after the county commissioners
3-16 precincts are redrawn under Section 18, Article V, Texas
3-17 Constitution, four new directors shall be elected to represent the
3-18 precincts. The directors elected shall draw lots to determine
3-19 which two directors serve two-year terms and which two directors
3-20 serve four-year terms.
3-21 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
3-22 The temporary board of directors shall call and hold an election to
3-23 confirm establishment of the district and to elect initial
3-24 directors.
3-25 (b) At the confirmation and initial directors' election, the
3-26 temporary board of directors shall have placed on the ballot the
3-27 name of any candidate filing for an initial director's position and
4-1 blank spaces to write in the names of other persons. A temporary
4-2 director who is qualified to be a candidate under Sections 5 and 6
4-3 may file for an initial director's position.
4-4 (c) Section 41.001(a), Election Code, does not apply to a
4-5 confirmation and initial directors' election held as provided by
4-6 this section.
4-7 (d) Except as provided by this section, a confirmation and
4-8 initial directors' election must be conducted as provided by
4-9 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-10 (e) If the majority of the votes cast at an election held
4-11 under this section is against the confirmation of the district, the
4-12 temporary directors may not call another election under this
4-13 section before the first anniversary of that election.
4-14 SECTION 8. ELECTION OF DIRECTORS. (a) On the first
4-15 Saturday in May of the first even-numbered year after the year in
4-16 which the district is authorized to be created at a confirmation
4-17 election, an election shall be held in the district for the
4-18 election of two directors at large and two directors representing
4-19 precincts to serve four-year terms and one director at large and
4-20 two directors representing precincts to serve two-year terms.
4-21 (b) On the first Saturday in May of each subsequent second
4-22 year following the election, the appropriate number of directors
4-23 shall be elected.
4-24 SECTION 9. LIMITATION ON TAXATION. The district may not
4-25 levy or collect an ad valorem tax at a rate that exceeds two cents
4-26 on each $100 valuation of taxable property in the district.
4-27 SECTION 10. CONTRACTS WITH GOVERNMENT ENTITIES. (a) The
5-1 district may contract with other government entities.
5-2 (b) The district may contract with other governmental
5-3 entities, including river authorities located in the district, for
5-4 the performance of any or all district functions. A river
5-5 authority with which the district contracts under this section may
5-6 perform district functions as provided by the contract.
5-7 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
5-8 (a) The proper and legal notice of the intention to introduce this
5-9 Act, setting forth the general substance of this Act, has been
5-10 published as provided by law, and the notice and a copy of this Act
5-11 have been furnished to all persons, agencies, officials, or
5-12 entities to which they are required to be furnished by the
5-13 constitution and other laws of this state, including the governor,
5-14 who has submitted the notice and Act to the Texas Natural Resource
5-15 Conservation Commission.
5-16 (b) The Texas Natural Resource Conservation Commission has
5-17 filed its recommendations relating to this Act with the governor,
5-18 lieutenant governor, and speaker of the house of representatives
5-19 within the required time.
5-20 (c) All requirements of the constitution and laws of this
5-21 state and the rules and procedures of the legislature with respect
5-22 to the notice, introduction, and passage of this Act are fulfilled
5-23 and accomplished.
5-24 SECTION 12. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
5-25 takes effect September 1, 2001.
5-26 (b) If the creation of the district is not confirmed at a
5-27 confirmation election held under Section 7 of this Act before
6-1 September 1, 2003, this Act expires on that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1274 was passed by the House on March
29, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1274 was passed by the Senate on May
10, 2001, by the following vote: Yeas 29, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor