1-1 By: Seaman (Senate Sponsor - Armbrister) H.B. No. 1274 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; April 30, 2001, reported favorably by the following 1-5 vote: Yeas 4, Nays 0; April 30, 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 Texana 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 Texana Groundwater Conservation 1-15 District in Jackson County is ratified as required by Section 15(a) 1-16 of that Act, subject to approval at a confirmation election under 1-17 Section 7 of this Act. 1-18 SECTION 2. DEFINITION. In this Act, "district" means the 1-19 Texana Groundwater Conservation District. 1-20 SECTION 3. BOUNDARIES. The boundaries of the district are 1-21 coextensive with the boundaries of Jackson 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), the following provisions 1-32 prevail over a conflicting or inconsistent provision of this Act: 1-33 (1) Sections 36.1071-36.108, Water Code; 1-34 (2) Sections 36.159-36.161, Water Code; and 1-35 (3) Subchapter I, Chapter 36, Water Code. 1-36 SECTION 5. BOARD OF DIRECTORS. (a) The district is governed 1-37 by a board of seven directors. 1-38 (b) Temporary directors serve until initial directors are 1-39 elected under Section 7 of this Act. 1-40 (c) Initial directors serve until permanent directors are 1-41 elected under Section 8 of this Act. 1-42 (d) Permanent directors serve staggered four-year terms. 1-43 (e) Each director must qualify to serve as director in the 1-44 manner provided by Section 36.055, Water Code. 1-45 (f) A director serves until the director's successor has 1-46 qualified. 1-47 (g) If there is a vacancy on the board, the remaining 1-48 directors shall appoint a director to serve the remainder of the 1-49 term. 1-50 (h) A director may not receive a salary or other 1-51 compensation for service as a director but may be reimbursed for 1-52 actual expenses of attending meetings at the rate in effect for 1-53 employees of Jackson County. 1-54 SECTION 6. METHOD OF ELECTING DIRECTORS: COMMISSIONERS 1-55 PRECINCTS. (a) The directors of the district shall be elected 1-56 according to the commissioners precinct method as provided by this 1-57 section. 1-58 (b) Three directors shall be elected by the electors of the 1-59 entire district, and one director shall be elected from each county 1-60 commissioners precinct by the electors of that precinct. 1-61 (c) To be qualified to be a candidate for or to serve as a 1-62 director at large, a person must be a registered voter in the 1-63 district. To be a candidate for or to serve as director from a 1-64 county commissioners precinct, a person must be a registered voter 2-1 of that precinct. 2-2 (d) A person shall indicate on the application for a place 2-3 on the ballot: 2-4 (1) the precinct that the person seeks to represent; 2-5 or 2-6 (2) that the person seeks to represent the district at 2-7 large. 2-8 (e) At the first election after the county commissioners 2-9 precincts are redrawn under Section 18, Article V, Texas 2-10 Constitution, four new directors shall be elected to represent the 2-11 precincts. The directors elected shall draw lots to determine 2-12 which two directors serve two-year terms and which two directors 2-13 serve four-year terms. 2-14 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 2-15 The temporary board of directors shall call and hold an election to 2-16 confirm establishment of the district and to elect initial 2-17 directors. 2-18 (b) At the confirmation and initial directors' election, the 2-19 temporary board of directors shall have placed on the ballot the 2-20 name of any candidate filing for an initial director's position and 2-21 blank spaces to write in the names of other persons. A temporary 2-22 director who is qualified to be a candidate under Sections 5 and 6 2-23 may file for an initial director's position. 2-24 (c) Section 41.001(a), Election Code, does not apply to a 2-25 confirmation and initial directors' election held as provided by 2-26 this section. 2-27 (d) Except as provided by this section, a confirmation and 2-28 initial directors' election must be conducted as provided by 2-29 Sections 36.017(b)-(h), Water Code, and the Election Code. 2-30 (e) If the majority of the votes cast at an election held 2-31 under this section is against the confirmation of the district, the 2-32 temporary directors may not call another election under this 2-33 section before the first anniversary of that election. 2-34 SECTION 8. ELECTION OF DIRECTORS. (a) On the first 2-35 Saturday in May of the first even-numbered year after the year in 2-36 which the district is authorized to be created at a confirmation 2-37 election, an election shall be held in the district for the 2-38 election of two directors at large and two directors representing 2-39 precincts to serve four-year terms and one director at large and 2-40 two directors representing precincts to serve two-year terms. 2-41 (b) On the first Saturday in May of each subsequent second 2-42 year following the election, the appropriate number of directors 2-43 shall be elected. 2-44 SECTION 9. LIMITATION ON TAXATION. The district may not 2-45 levy or collect an ad valorem tax at a rate that exceeds two cents 2-46 on each $100 valuation of taxable property in the district. 2-47 SECTION 10. CONTRACTS WITH GOVERNMENT ENTITIES. (a) The 2-48 district may contract with other government entities. 2-49 (b) The district may contract with other governmental 2-50 entities, including river authorities located in the district, for 2-51 the performance of any or all district functions. A river 2-52 authority with which the district contracts under this section may 2-53 perform district functions as provided by the contract. 2-54 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 2-55 (a) The proper and legal notice of the intention to introduce this 2-56 Act, setting forth the general substance of this Act, has been 2-57 published as provided by law, and the notice and a copy of this Act 2-58 have been furnished to all persons, agencies, officials, or 2-59 entities to which they are required to be furnished by the 2-60 constitution and other laws of this state, including the governor, 2-61 who has submitted the notice and Act to the Texas Natural Resource 2-62 Conservation Commission. 2-63 (b) The Texas Natural Resource Conservation Commission has 2-64 filed its recommendations relating to this Act with the governor, 2-65 lieutenant governor, and speaker of the house of representatives 2-66 within the required time. 2-67 (c) All requirements of the constitution and laws of this 2-68 state and the rules and procedures of the legislature with respect 2-69 to the notice, introduction, and passage of this Act are fulfilled 3-1 and accomplished. 3-2 SECTION 12. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 3-3 takes effect September 1, 2001. 3-4 (b) If the creation of the district is not confirmed at a 3-5 confirmation election held under Section 7 of this Act before 3-6 September 1, 2003, this Act expires on that date. 3-7 * * * * *