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.