1-1     By:  Morrison (Senate Sponsor - Armbrister)           H.B. No. 2643
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     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, and financing of the
1-10     Crossroads 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
1-13     Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
1-14     (Senate Bill No. 1911), of the Crossroads Groundwater Conservation
1-15     District in Victoria County is ratified as required by Section
1-16     15(a) of that Act, subject to approval at a confirmation election
1-17     under Section 7 of this Act.
1-18           SECTION 2.  DEFINITIONS.  In this Act:
1-19                 (1)  "Board" means the board of directors of the
1-20     Crossroads Groundwater Conservation District.
1-21                 (2)  "City council" means the City Council of the City
1-22     of Victoria.
1-23                 (3)  "Commissioners court" means the Commissioners
1-24     Court of Victoria County.
1-25                 (4)  "District" means the Crossroads Groundwater
1-26     Conservation District.
1-27           SECTION 3.  BOUNDARIES. The boundaries of the district are
1-28     coextensive with the boundaries of Victoria County, Texas.
1-29           SECTION 4.  GENERAL POWERS.  (a)  The district has all of the
1-30     rights, powers, privileges, authority, functions, and duties
1-31     provided by the general law of this state, including Chapter 36,
1-32     Water Code, applicable to groundwater conservation districts
1-33     created under Section 59, Article XVI, Texas Constitution.  This
1-34     Act prevails over any provision of general law that is in conflict
1-35     or inconsistent with this Act, including any provision of Chapter
1-36     1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
1-37     Bill No. 1911).
1-38           (b)  Notwithstanding Subsection (a) of this section, the
1-39     following provisions prevail over a conflicting or inconsistent
1-40     provision of this Act:
1-41                 (1)  Sections 36.1071-36.108, Water Code;
1-42                 (2)  Sections 36.159-36.161, Water Code; and
1-43                 (3)  Subchapter I, Chapter 36, Water Code.
1-44           SECTION 5. DIRECTOR REQUIREMENTS. (a)  To be eligible to
1-45     serve as a temporary, initial, or permanent director of the
1-46     district, a person must be a resident of Victoria County and must
1-47     be at least 18 years of age.
1-48           (b)  Each director must qualify to serve as director in the
1-49     manner provided by Section 36.055, Water Code.
1-50           SECTION 6. TEMPORARY DIRECTORS. (a)  The temporary board of
1-51     directors is composed of:
1-52                 (1)  Place 1--Mark Dierlam;
1-53                 (2)  Place 2--Rocky Sanders;
1-54                 (3)  Place 3--S. F. Ruschhaupt III;
1-55                 (4)  Place 4--Joseph Dial;
1-56                 (5)  Place 5--Stephen Diebel;
1-57                 (6)  Place 6--Jerry James; and
1-58                 (7)  Place 7--Denise McCue.
1-59           (b)  If a temporary director fails to satisfy the
1-60     requirements of Section 5 of this Act or if a vacancy occurs in the
1-61     office of temporary director, the commissioners court shall appoint
1-62     persons to fill vacancies in places 1 through 4, and the city
1-63     council shall appoint persons to fill vacancies in places 5 through
1-64     7.
 2-1           (c)  The temporary directors shall select from their members
 2-2     persons to serve as chair, vice chair, and secretary.
 2-3           (d)  The temporary directors shall serve as temporary
 2-4     directors until they declare the district created after a
 2-5     confirmation election under Section 7 of this Act.
 2-6           SECTION 7. CONFIRMATION ELECTION. (a)  The temporary
 2-7     directors shall call and hold an election to be held not later than
 2-8     December 31, 2001, to confirm establishment of the district.
 2-9           (b)  Section 41.001(a), Election Code, does not apply to an
2-10     election held as provided by this section.
2-11           (c)  The ballot for the election shall be printed to provide
2-12     for voting for or against propositions on:
2-13                 (1)  the confirmation of the Crossroads Groundwater
2-14     Conservation District; and
2-15                 (2)  the levy and collection of a property tax in the
2-16     district.
2-17           (d)  The temporary board may include on the ballot other
2-18     propositions the board considers necessary.
2-19           (e)  Except as provided by this section, a confirmation
2-20     election must be conducted as provided by Sections 36.017(b)-(h),
2-21     Water Code, and the Election Code.
2-22           (f)  If a majority of votes cast at the election favor the
2-23     confirmation of the district, the temporary directors shall declare
2-24     the district confirmed.  If a majority of the votes cast at the
2-25     election are against the confirmation of the district, the
2-26     temporary directors shall declare the district defeated.  The
2-27     temporary directors shall file a copy of the election results with
2-28     the Texas Natural Resource Conservation Commission.
2-29           (g)  If establishment of the district is not confirmed, the
2-30     temporary directors may call and hold additional confirmation
2-31     elections.  A confirmation election may not be held before the
2-32     first anniversary of the previous confirmation election.
2-33           SECTION 8. INITIAL DIRECTORS.  (a)  Except as provided by
2-34     this subsection, on confirmation of establishment of the district
2-35     under Section 7 of this Act, the temporary directors become the
2-36     initial directors of the district.  Before the 61st day after the
2-37     date the district is confirmed, the commissioners court may replace
2-38     a director in places 1 through 4 with another appointee and the
2-39     city council may replace a director in places 5 through 7 with
2-40     another appointee.
2-41           (b)  An initial director in place 1, 3, 5, or 7 serves a term
2-42     that expires on the fourth anniversary of the date the district is
2-43     confirmed.  An initial director in place 2, 4, or 6 serves a term
2-44     that expires on the second anniversary of the date the district is
2-45     confirmed.
2-46           (c)  If an appointed director does not satisfy the
2-47     requirements of Section 5 at the first regular meeting of the board
2-48     following the director's appointment, the previous director for
2-49     that place continues to serve until a successor is appointed and
2-50     qualifies.
2-51           SECTION 9. BOARD OF DIRECTORS. (a)  The district is governed
2-52     by a board of seven directors.
2-53           (b)  The board shall select from its members a chair, vice
2-54     chair, and secretary.
2-55           SECTION 10. TERM OF OFFICE.  (a)  Except for a temporary or
2-56     initial director of the district, a director serves a four-year
2-57     term.       
2-58           (b)  When a director's term expires or if a vacancy occurs on
2-59     the board:
2-60                 (1)  the commissioners court shall appoint a new
2-61     director to fill an opening in places 1 through 4; and
2-62                 (2)  the city council shall appoint a new director to
2-63     fill an opening in places 5 through 7.
2-64           (c)  A director appointed to fill a vacancy serves for the
2-65     unexpired portion of the term.
2-66           SECTION 11.  LIMITATION ON TAXATION.  The district may not
2-67     levy or collect an ad valorem tax at a rate that exceeds two cents
2-68     on each $100 valuation of taxable property in the district.
2-69           SECTION 12.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
 3-1     (a)  The proper and legal notice of the intention to introduce this
 3-2     Act, setting forth the general substance of this Act, has been
 3-3     published as provided by law, and the notice and a copy of this Act
 3-4     have been furnished to all persons, agencies, officials, or
 3-5     entities to which they are required to be furnished by the
 3-6     constitution and other laws of this state, including the governor,
 3-7     who has submitted the notice and Act to the Texas Natural Resource
 3-8     Conservation Commission.
 3-9           (b)  The Texas Natural Resource Conservation Commission has
3-10     filed its recommendations relating to this Act with the governor,
3-11     lieutenant governor, and speaker of the house of representatives
3-12     within the required time.
3-13           (c)  All requirements of the constitution and laws of this
3-14     state and the rules and procedures of the legislature with respect
3-15     to the notice, introduction, and passage of this Act are fulfilled
3-16     and accomplished.
3-17           SECTION 13.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
3-18     takes effect September 1, 2001.
3-19           (b)  If the creation of the district is not confirmed at a
3-20     confirmation election held under Section 7 of this Act before
3-21     September 1, 2006, this Act expires on that date.
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