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.