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. 3-22 * * * * *