By Junell H.B. No. 2529 77R5007 SGA-F 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, taxing authority, and 1-4 financing of the Lone Wolf 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 Chapter 1-7 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 1-8 Bill No. 1911), of the Lone Wolf Groundwater Conservation District 1-9 in Mitchell County is ratified as required by Section 15(a) of that 1-10 Act, subject to approval at a confirmation election under Section 1-11 7 of this Act. 1-12 SECTION 2. DEFINITION. In this Act, "district" means the 1-13 Lone Wolf Groundwater Conservation District. 1-14 SECTION 3. GENERAL POWERS. (a) The district has all of the 1-15 rights, powers, privileges, authority, functions, and duties 1-16 provided by the general law of this state, including Chapter 36, 1-17 Water Code, applicable to groundwater conservation districts 1-18 created under Section 59, Article XVI, Texas Constitution. This 1-19 Act prevails over any provision of general law that is in conflict 1-20 or inconsistent with this Act, including any provision of Chapter 1-21 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 1-22 Bill No. 1911). 1-23 (b) Notwithstanding Subsection (a), the following provisions 1-24 prevail over a conflicting or inconsistent provision of this Act: 2-1 (1) Sections 36.1071-36.108, Water Code; 2-2 (2) Sections 36.159-36.161, Water Code; and 2-3 (3) Subchapter I, Chapter 36, Water Code. 2-4 SECTION 4. BOARD OF DIRECTORS. (a) The district is governed 2-5 by a board of five directors. 2-6 (b) Temporary directors serve until initial directors are 2-7 elected under Section 7 of this Act. 2-8 (c) Initial directors serve until permanent directors are 2-9 elected under Section 8 of this Act. 2-10 (d) Permanent directors serve staggered four-year terms. 2-11 (e) Each director must qualify to serve as director in the 2-12 manner provided by Section 36.055, Water Code. 2-13 (f) A director serves until the director's successor has 2-14 qualified. 2-15 SECTION 5. COMPENSATION OF DIRECTORS. A director is not 2-16 entitled to fees of office, but is entitled to reimbursement of 2-17 actual expenses reasonably and necessarily incurred while engaging 2-18 in activities on behalf of the district. 2-19 SECTION 6. METHOD OF ELECTING DIRECTORS: COMMISSIONERS 2-20 PRECINCTS. (a) The directors of the district shall be elected 2-21 according to the commissioners precincts method as provided by this 2-22 section. 2-23 (b) One director shall be elected by the voters of the 2-24 entire district, and one director shall be elected from each county 2-25 commissioners precinct by the voters of that precinct. 2-26 (c) To be eligible to be a candidate for or to serve as 2-27 director at large, a person must be a registered voter in the 3-1 district. To be eligible to be a candidate for or to serve as 3-2 director from a county commissioners precinct, a person must be a 3-3 registered voter of that precinct. 3-4 (d) A person shall indicate on the application for a place 3-5 on the ballot: 3-6 (1) the precinct that the person seeks to represent; 3-7 or 3-8 (2) that the person seeks to represent the district at 3-9 large. 3-10 (e) At the first election after the county commissioners 3-11 precincts are redrawn under Section 18, Article V, Texas 3-12 Constitution, four new directors shall be elected to represent the 3-13 precincts. The directors elected shall draw lots to determine 3-14 which two directors serve two-year terms and which two directors 3-15 serve four-year terms. 3-16 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 3-17 The temporary board of directors shall call and hold an election to 3-18 confirm establishment of the district and to elect initial 3-19 directors. 3-20 (b) At the confirmation and initial directors' election, the 3-21 temporary board of directors shall have placed on the ballot the 3-22 name of any candidate filing for an initial director's position and 3-23 blank spaces to write in the names of other persons. A temporary 3-24 director who is eligible to be a candidate under Section 6 of this 3-25 Act may file for an initial director's position. 3-26 (c) Section 41.001(a), Election Code, does not apply to a 3-27 confirmation and initial directors' election held as provided by 4-1 this section. 4-2 (d) Except as provided by this section, a confirmation and 4-3 initial directors' election must be conducted as provided by 4-4 Section 36.017(b)-(h), Water Code, and the Election Code. 4-5 SECTION 8. ELECTION OF DIRECTORS. (a) On the first Saturday 4-6 in May of the first even-numbered year after the year in which the 4-7 district is authorized to be created at a confirmation election, 4-8 an election shall be held in the district for the election of three 4-9 directors to serve four-year terms and two directors to serve 4-10 two-year terms. 4-11 (b) On the first Saturday in May of each subsequent second 4-12 year following the election, the appropriate number of directors 4-13 shall be elected. 4-14 SECTION 9. LIMITATION ON TAXATION. The district may levy 4-15 property taxes at a rate not to exceed 20 cents on each $100 of 4-16 assessed valuation to pay any part of the bonds or notes issued by 4-17 the district if the authority to impose property taxes under this 4-18 Act is approved by a majority of the voters voting at a 4-19 confirmation election under Section 7 of this Act or at a separate 4-20 election called for that purpose by the board of directors. 4-21 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 4-22 The proper and legal notice of the intention to introduce this Act, 4-23 setting forth the general substance of this Act, has been published 4-24 as provided by law, and the notice and a copy of this Act have been 4-25 furnished to all persons, agencies, officials, or entities to which 4-26 they are required to be furnished by the constitution and other 4-27 laws of this state, including the governor, who has submitted the 5-1 notice and Act to the Texas Natural Resource Conservation 5-2 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 notice, introduction, and passage of this Act are fulfilled and 5-10 accomplished. 5-11 SECTION 11. VALIDATION. All past acts of the district are 5-12 validated and confirmed. 5-13 SECTION 12. APPLICABILITY. Section 11 of this Act does not 5-14 apply to any matter that is the subject of litigation on the 5-15 effective date of this Act. 5-16 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 5-17 takes effect September 1, 2001. 5-18 (b) If the creation of the district is not confirmed at a 5-19 confirmation election held under Section 7 of this Act before 5-20 September 1, 2003, this Act expires on that date.