By Morrison H.B. No. 2643 77R8179 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, and financing of the 1-4 Crossroads 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 Crossroads Groundwater Conservation 1-9 District in Victoria County is ratified as required by Section 1-10 15(a) of that Act, subject to approval at a confirmation election 1-11 under Section 7 of this Act. 1-12 SECTION 2. DEFINITIONS. In this Act: 1-13 (1) "Board" means the board of directors of the 1-14 Crossroads Groundwater Conservation District. 1-15 (2) "City council" means the City Council of the City 1-16 of Victoria. 1-17 (3) "Commissioners court" means the Commissioners 1-18 Court of Victoria County. 1-19 (4) "District" means the Crossroads Groundwater 1-20 Conservation District. 1-21 SECTION 3. BOUNDARIES. The boundaries of the district are 1-22 coextensive with the boundaries of Victoria County, Texas. 1-23 SECTION 4. GENERAL POWERS. (a) The district has all of the 1-24 rights, powers, privileges, authority, functions, and duties 2-1 provided by the general law of this state, including Chapter 36, 2-2 Water Code, applicable to groundwater conservation districts 2-3 created under Section 59, Article XVI, Texas Constitution. This 2-4 Act prevails over any provision of general law that is in conflict 2-5 or inconsistent with this Act, including any provision of Chapter 2-6 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate 2-7 Bill No. 1911). 2-8 (b) Notwithstanding Subsection (a) of this section, the 2-9 following provisions prevail over a conflicting or inconsistent 2-10 provision of this Act: 2-11 (1) Sections 36.1071-36.108, Water Code; 2-12 (2) Sections 36.159-36.161, Water Code; and 2-13 (3) Subchapter I, Chapter 36, Water Code. 2-14 SECTION 5. DIRECTOR REQUIREMENTS. (a) To be eligible to 2-15 serve as a temporary, initial, or permanent director of the 2-16 district, a person must be a resident of Victoria County and must 2-17 be at least 18 years of age. 2-18 (b) Each director must qualify to serve as director in the 2-19 manner provided by Section 36.055, Water Code. 2-20 SECTION 6. TEMPORARY DIRECTORS. (a) The temporary board of 2-21 directors is composed of: 2-22 (1) Place 1--Mark Dierlam; 2-23 (2) Place 2--Rocky Sanders; 2-24 (3) Place 3--S. F. Ruschhaupt III; 2-25 (4) Place 4--Joseph Dial; 2-26 (5) Place 5--Stephen Diebel; 2-27 (6) Place 6--Jerry James; and 3-1 (7) Place 7--Denise McCue. 3-2 (b) If a temporary director fails to satisfy the 3-3 requirements of Section 5 of this Act or if a vacancy occurs in the 3-4 office of temporary director, the commissioners court shall appoint 3-5 persons to fill vacancies in places 1 through 4, and the city 3-6 council shall appoint persons to fill vacancies in places 5 through 3-7 7. 3-8 (c) The temporary directors shall select from their members 3-9 persons to serve as chair, vice chair, and secretary. 3-10 (d) The temporary directors shall serve as temporary 3-11 directors until they declare the district created after a 3-12 confirmation election under Section 7 of this Act. 3-13 SECTION 7. CONFIRMATION ELECTION. (a) The temporary 3-14 directors shall call and hold an election to be held not later than 3-15 December 31, 2001, to confirm establishment of the district. 3-16 (b) Section 41.001(a), Election Code, does not apply to an 3-17 election held as provided by this section. 3-18 (c) The ballot for the election shall be printed to provide 3-19 for voting for or against propositions on: 3-20 (1) the confirmation of the Crossroads Groundwater 3-21 Conservation District; and 3-22 (2) the levy and collection of a property tax in the 3-23 district. 3-24 (d) The temporary board may include on the ballot other 3-25 propositions the board considers necessary. 3-26 (e) Except as provided by this section, a confirmation 3-27 election must be conducted as provided by Sections 36.017(b)-(h), 4-1 Water Code, and the Election Code. 4-2 (f) If a majority of votes cast at the election favor the 4-3 confirmation of the district, the temporary directors shall declare 4-4 the district confirmed. If a majority of the votes cast at the 4-5 election are against the confirmation of the district, the 4-6 temporary directors shall declare the district defeated. The 4-7 temporary directors shall file a copy of the election results with 4-8 the Texas Natural Resource Conservation Commission. 4-9 (g) If establishment of the district is not confirmed, the 4-10 temporary directors may call and hold additional confirmation 4-11 elections. A confirmation election may not be held before the 4-12 first anniversary of the previous confirmation election. 4-13 SECTION 8. INITIAL DIRECTORS. (a) Except as provided by 4-14 this subsection, on confirmation of establishment of the district 4-15 under Section 7 of this Act, the temporary directors become the 4-16 initial directors of the district. Before the 61st day after the 4-17 date the district is confirmed, the commissioners court may replace 4-18 a director in places 1 through 4 with another appointee and the 4-19 city council may replace a director in places 5 through 7 with 4-20 another appointee. 4-21 (b) An initial director in place 1, 3, 5, or 7 serves a term 4-22 that expires on the fourth anniversary of the date the district is 4-23 confirmed. An initial director in place 2, 4, or 6 serves a term 4-24 that expires on the second anniversary of the date the district is 4-25 confirmed. 4-26 (c) If an appointed director does not satisfy the 4-27 requirements of Section 5 at the first regular meeting of the board 5-1 following the director's appointment, the previous director for 5-2 that place continues to serve until a successor is appointed and 5-3 qualifies. 5-4 SECTION 9. BOARD OF DIRECTORS. (a) The district is governed 5-5 by a board of seven directors. 5-6 (b) The board shall select from its members a chair, vice 5-7 chair, and secretary. 5-8 SECTION 10. TERM OF OFFICE. (a) Except for a temporary or 5-9 initial director of the district, a director serves a four-year 5-10 term. 5-11 (b) When a director's term expires or if a vacancy occurs on 5-12 the board: 5-13 (1) the commissioners court shall appoint a new 5-14 director to fill an opening in places 1 through 4; and 5-15 (2) the city council shall appoint a new director to 5-16 fill an opening in places 5 through 7. 5-17 (c) A director appointed to fill a vacancy serves for the 5-18 unexpired portion of the term. 5-19 SECTION 11. LIMITATION ON TAXATION. The district may not 5-20 levy or collect an ad valorem tax at a rate that exceeds two cents 5-21 on each $100 valuation of taxable property in the district. 5-22 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 5-23 (a) The proper and legal notice of the intention to introduce this 5-24 Act, setting forth the general substance of this Act, has been 5-25 published as provided by law, and the notice and a copy of this Act 5-26 have been furnished to all persons, agencies, officials, or 5-27 entities to which they are required to be furnished by the 6-1 constitution and other laws of this state, including the governor, 6-2 who has submitted the notice and Act to the Texas Natural Resource 6-3 Conservation Commission. 6-4 (b) The Texas Natural Resource Conservation Commission has 6-5 filed its recommendations relating to this Act with the governor, 6-6 lieutenant governor, and speaker of the house of representatives 6-7 within the required time. 6-8 (c) All requirements of the constitution and laws of this 6-9 state and the rules and procedures of the legislature with respect 6-10 to the notice, introduction, and passage of this Act are fulfilled 6-11 and accomplished. 6-12 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 6-13 takes effect September 1, 2001. 6-14 (b) If the creation of the district is not confirmed at a 6-15 confirmation election held under Section 7 of this Act before 6-16 September 1, 2006, this Act expires on that date.