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.
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