1-1 By: Junell (Senate Sponsor - Fraser) H.B. No. 2529 1-2 (In the Senate - Received from the House April 23, 2001; 1-3 April 24, 2001, read first time and referred to Committee on 1-4 Natural Resources; May 11, 2001, reported favorably by the 1-5 following vote: Yeas 6, Nays 0; May 11, 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, taxing authority, and 1-10 financing of the Lone Wolf 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 Chapter 1-13 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 1-14 Bill No. 1911), of the Lone Wolf Groundwater Conservation District 1-15 in Mitchell County is ratified as required by Section 15(a) of that 1-16 Act, subject to approval at a confirmation election under Section 1-17 7 of this Act. 1-18 SECTION 2. DEFINITION. In this Act, "district" means the 1-19 Lone Wolf Groundwater Conservation District. 1-20 SECTION 3. GENERAL POWERS. (a) The district has all of the 1-21 rights, powers, privileges, authority, functions, and duties 1-22 provided by the general law of this state, including Chapter 36, 1-23 Water Code, applicable to groundwater conservation districts 1-24 created under Section 59, Article XVI, Texas Constitution. This 1-25 Act prevails over any provision of general law that is in conflict 1-26 or inconsistent with this Act, including any provision of Chapter 1-27 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 1-28 Bill No. 1911). 1-29 (b) Notwithstanding Subsection (a), the following provisions 1-30 prevail over a conflicting or inconsistent provision of this Act: 1-31 (1) Sections 36.1071-36.108, Water Code; 1-32 (2) Sections 36.159-36.161, Water Code; and 1-33 (3) Subchapter I, Chapter 36, Water Code. 1-34 SECTION 4. BOARD OF DIRECTORS. (a) The district is governed 1-35 by a board of five directors. 1-36 (b) Temporary directors serve until initial directors are 1-37 elected under Section 7 of this Act. 1-38 (c) Initial directors serve until permanent directors are 1-39 elected under Section 8 of this Act. 1-40 (d) Permanent directors serve staggered four-year terms. 1-41 (e) Each director must qualify to serve as director in the 1-42 manner provided by Section 36.055, Water Code. 1-43 (f) A director serves until the director's successor has 1-44 qualified. 1-45 SECTION 5. COMPENSATION OF DIRECTORS. A director is not 1-46 entitled to fees of office, but is entitled to reimbursement of 1-47 actual expenses reasonably and necessarily incurred while engaging 1-48 in activities on behalf of the district. 1-49 SECTION 6. METHOD OF ELECTING DIRECTORS: COMMISSIONERS 1-50 PRECINCTS. (a) The directors of the district shall be elected 1-51 according to the commissioners precincts method as provided by this 1-52 section. 1-53 (b) One director shall be elected by the voters of the 1-54 entire district, and one director shall be elected from each county 1-55 commissioners precinct by the voters of that precinct. 1-56 (c) To be eligible to be a candidate for or to serve as 1-57 director at large, a person must be a registered voter in the 1-58 district. To be eligible to be a candidate for or to serve as 1-59 director from a county commissioners precinct, a person must be a 1-60 registered voter of that precinct. 1-61 (d) A person shall indicate on the application for a place 1-62 on the ballot: 1-63 (1) the precinct that the person seeks to represent; 1-64 or 2-1 (2) that the person seeks to represent the district at 2-2 large. 2-3 (e) At the first election after the county commissioners 2-4 precincts are redrawn under Section 18, Article V, Texas 2-5 Constitution, four new directors shall be elected to represent the 2-6 precincts. The directors elected shall draw lots to determine 2-7 which two directors serve two-year terms and which two directors 2-8 serve four-year terms. 2-9 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 2-10 The temporary board of directors shall call and hold an election to 2-11 confirm establishment of the district and to elect initial 2-12 directors. 2-13 (b) At the confirmation and initial directors' election, the 2-14 temporary board of directors shall have placed on the ballot the 2-15 name of any candidate filing for an initial director's position and 2-16 blank spaces to write in the names of other persons. A temporary 2-17 director who is eligible to be a candidate under Section 6 of this 2-18 Act may file for an initial director's position. 2-19 (c) Section 41.001(a), Election Code, does not apply to a 2-20 confirmation and initial directors' election held as provided by 2-21 this section. 2-22 (d) Except as provided by this section, a confirmation and 2-23 initial directors' election must be conducted as provided by 2-24 Section 36.017(b)-(h), Water Code, and the Election Code. 2-25 SECTION 8. ELECTION OF DIRECTORS. (a) On the first Saturday 2-26 in May of the first even-numbered year after the year in which the 2-27 district is authorized to be created at a confirmation election, 2-28 an election shall be held in the district for the election of three 2-29 directors to serve four-year terms and two directors to serve 2-30 two-year terms. 2-31 (b) On the first Saturday in May of each subsequent second 2-32 year following the election, the appropriate number of directors 2-33 shall be elected. 2-34 SECTION 9. LIMITATION ON TAXATION. The district may levy 2-35 property taxes at a rate not to exceed 20 cents on each $100 of 2-36 assessed valuation to pay any part of the bonds or notes issued by 2-37 the district if the authority to impose property taxes under this 2-38 Act is approved by a majority of the voters voting at a 2-39 confirmation election under Section 7 of this Act or at a separate 2-40 election called for that purpose by the board of directors. 2-41 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a) 2-42 The proper and legal notice of the intention to introduce this Act, 2-43 setting forth the general substance of this Act, has been published 2-44 as provided by law, and the notice and a copy of this Act have been 2-45 furnished to all persons, agencies, officials, or entities to which 2-46 they are required to be furnished by the constitution and other 2-47 laws of this state, including the governor, who has submitted the 2-48 notice and Act to the Texas Natural Resource Conservation 2-49 Commission. 2-50 (b) The Texas Natural Resource Conservation Commission has 2-51 filed its recommendations relating to this Act with the governor, 2-52 lieutenant governor, and speaker of the house of representatives 2-53 within the required time. 2-54 (c) All requirements of the constitution and laws of this 2-55 state and the rules and procedures of the legislature with respect 2-56 to notice, introduction, and passage of this Act are fulfilled and 2-57 accomplished. 2-58 SECTION 11. VALIDATION. All past acts of the district are 2-59 validated and confirmed. 2-60 SECTION 12. APPLICABILITY. Section 11 of this Act does not 2-61 apply to any matter that is the subject of litigation on the 2-62 effective date of this Act. 2-63 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 2-64 takes effect September 1, 2001. 2-65 (b) If the creation of the district is not confirmed at a 2-66 confirmation election held under Section 7 of this Act before 2-67 September 1, 2003, this Act expires on that date. 2-68 * * * * *