By Hawley H.B. No. 2046
77R3119 MI-D
A BILL TO BE ENTITLED
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 Refugio 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 Refugio Groundwater Conservation
1-9 District in Refugio 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 Refugio Groundwater Conservation District.
1-14 SECTION 3. BOUNDARIES. The boundaries of the district are
1-15 coextensive with the boundaries of Refugio 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
2-7 governed by a board of five 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 a director fails to qualify for office or if there is
2-18 at any time a vacancy on the temporary board of directors, the
2-19 commissioners court shall appoint a person to fill the vacancy.
2-20 SECTION 6. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
2-21 PRECINCTS. (a) The directors of the district shall be elected
2-22 according to the commissioners precinct method as provided by this
2-23 section.
2-24 (b) One director shall be elected by the qualified voters of
2-25 the entire district, and one director shall be elected from each
2-26 county commissioners precinct by the qualified voters of that
2-27 precinct.
3-1 (c) To be qualified to be a candidate for or to serve as
3-2 director at large, a person must be a registered voter in the
3-3 district. To be a candidate for or to serve as director from a
3-4 county commissioners precinct, a person must be a registered voter
3-5 of that precinct.
3-6 (d) A person shall indicate on the application for a place
3-7 on the ballot:
3-8 (1) the precinct that the person seeks to represent;
3-9 or
3-10 (2) that the person seeks to represent the district at
3-11 large.
3-12 (e) At the first election after the county commissioners
3-13 precincts are redrawn under Section 18, Article V, Texas
3-14 Constitution, four new directors shall be elected to represent the
3-15 precincts. The directors elected shall draw lots to determine
3-16 which two directors serve two-year terms and which two directors
3-17 serve four-year terms.
3-18 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
3-19 The temporary board of directors shall call and hold an election to
3-20 confirm establishment of the district and to elect initial
3-21 directors.
3-22 (b) At the confirmation and initial directors' election, the
3-23 temporary board of directors shall have placed on the ballot the
3-24 name of any candidate filing for an initial director's position and
3-25 blank spaces to write in the names of other persons. A temporary
3-26 director who is qualified to be a candidate under Sections 5 and 6
3-27 may file for an initial director's position.
4-1 (c) Section 41.001(a), Election Code, does not apply to a
4-2 confirmation and initial directors' election held as provided by
4-3 this section.
4-4 (d) Except as provided by this section, a confirmation and
4-5 initial directors' election must be conducted as provided by
4-6 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-7 SECTION 8. ELECTION OF DIRECTORS. (a) On the first Saturday
4-8 in May of the first even-numbered year after the year in which the
4-9 district is authorized to be created at a confirmation election, an
4-10 election shall be held in the district for the election of three
4-11 directors to serve four-year terms and two directors to serve
4-12 two-year terms.
4-13 (b) On the first Saturday in May of each subsequent second
4-14 year following the election, the appropriate number of directors
4-15 shall be elected.
4-16 SECTION 9. ADDITIONAL POWERS. (a) Except as provided by
4-17 Subsection (b) of this section, the district by rule shall prohibit
4-18 the sale of groundwater outside the district.
4-19 (b) The district may not prohibit the sale of groundwater
4-20 outside the district by Refugio County.
4-21 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
4-22 (a) The proper and legal notice of the intention to introduce this
4-23 Act, setting forth the general substance of this Act, has been
4-24 published as provided by law, and the notice and a copy of this Act
4-25 have been furnished to all persons, agencies, officials, or
4-26 entities to which they are required to be furnished by the
4-27 constitution and other laws of this state, including the governor,
5-1 who has submitted the notice and Act to the Texas Natural Resource
5-2 Conservation Commission.
5-3 (b) The Texas Natural Resource Conservation Commission has
5-4 filed its recommendations relating to this Act with the governor,
5-5 lieutenant governor, and speaker of the house of representatives
5-6 within the required time.
5-7 (c) All requirements of the constitution and laws of this
5-8 state and the rules and procedures of the legislature with respect
5-9 to the notice, introduction, and passage of this Act are fulfilled
5-10 and accomplished.
5-11 SECTION 11. EXPIRATION OF ACT IF DISTRICT NOT CONFIRMED.
5-12 This Act expires on September 1, 2003, if, before that date, the
5-13 establishment of the district has not been confirmed at a
5-14 confirmation election held under Section 7 of this Act.
5-15 SECTION 12. EFFECTIVE DATE. This Act takes effect September
5-16 1, 2001.