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.