By Morrison H.B. No. 3231 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 operation, and financing of the Pecan Valley Groundwater 1-4 Conservation District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION. (a) A groundwater conservation 1-7 district, to be known as the Pecan Valley Groundwater Conservation 1-8 District, is created in DeWitt County, subject to approval at a 1-9 confirmation election under Section 9 of this Act. The district is 1-10 a governmental agency and a body politic and corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 SECTION 2. DEFINITION. In this Act, "district" means the 1-15 Pecan Valley Groundwater Conservation District. 1-16 SECTION 3. BOUNDARIES. The boundaries of the district are 1-17 coextensive with the boundaries of DeWitt County. 1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-19 property included within the boundaries of the district will be 1-20 benefited by the works and projects that are to be accomplished by 1-21 the district under powers conferred by Section 59, Article XVI, 1-22 Texas Constitution. The district is created to serve a public use 1-23 and benefit. 1-24 SECTION 5. GENERAL POWERS. (a) The district has all of the 2-1 rights, powers, privileges, authority, functions, and duties 2-2 provided by the general law of this state, including Chapter 36, 2-3 Water Code, applicable to groundwater conservation districts 2-4 created under Section 59, Article XVI, Texas Constitution. This 2-5 Act prevails over any provision of general law that is in conflict 2-6 or inconsistent with this Act. 2-7 (b) Notwithstanding Subsection (a) of this section, the 2-8 following provisions prevail over a conflicting or inconsistent 2-9 provision of this Act: 2-10 (1) Sections 36.1071-36.108, Water Code; 2-11 (2) Sections 36.159-36.161, Water Code; and 2-12 (3) Subchapter I, Chapter 36, Water Code. 2-13 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed 2-14 by a board of five directors. 2-15 (b) Temporary directors serve until the confirmation 2-16 election under Section 9 of this Act. If the district is confirmed 2-17 under Section 9 of this Act, the temporary directors serve until 2-18 permanent directors are elected under Section 11 of this Act. 2-19 (c) Permanent directors serve staggered four-year terms. 2-20 (d) Each director must qualify to serve as director in the 2-21 manner provided by Section 36.055, Water Code. 2-22 (e) A director serves until the director's successor has 2-23 qualified. 2-24 (f) A vacancy in the office of director shall be filled by 2-25 appointment of the board until the next election of directors. If 2-26 the position is not scheduled to be filled at the election, the 2-27 person elected to fill the position shall serve only for the 3-1 remainder of the unexpired term. 3-2 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 3-3 directors consists of: 3-4 (1) Lias B. Steen, Precinct One; 3-5 (2) Gary Colman, Precinct Two; 3-6 (3) Peggy Laging, Precinct Three; 3-7 (4) Bob McCurty, Precinct Four; and 3-8 (5) Errol J. Dietze, at large. 3-9 (b) If a temporary director fails to qualify for office or 3-10 if a vacancy occurs in the office of temporary director for any 3-11 reason, the temporary directors who have qualified shall appoint a 3-12 qualified person to fill the vacancy. If at any time there are 3-13 fewer than three qualified temporary directors, the DeWitt County 3-14 Commissioners Court shall appoint the necessary number of persons 3-15 to fill all vacancies on the board. 3-16 (c) The temporary directors shall select from their members 3-17 persons to serve as chairman, vice chairman, and secretary. 3-18 (d) To be qualified to serve as a temporary director, a 3-19 person must be a resident of DeWitt County and at least 18 years of 3-20 age. 3-21 SECTION 8. METHOD OF ELECTING DIRECTORS. (a) The directors 3-22 of the district shall be elected according to the commissioners 3-23 precinct method as provided by this section. 3-24 (b) One director shall be elected by the voters of the 3-25 entire district, and one director shall be elected from each county 3-26 commissioners precinct by the voters of that precinct. 3-27 (c) To be qualified to be a candidate for or to serve as 4-1 director at large, a person must be at least 18 years of age, a 4-2 resident of the district, and a registered voter in the district. 4-3 To be a candidate for or to serve as director from a county 4-4 commissioners precinct, a person must be at least 18 years of age, 4-5 a resident of that precinct, and a registered voter of that 4-6 precinct. 4-7 (d) A person shall indicate on the application for a place 4-8 on the ballot: 4-9 (1) the precinct that the person seeks to represent; 4-10 or 4-11 (2) that the person seeks to represent the district at 4-12 large. 4-13 (e) At the first election of the district after the county 4-14 commissioners precincts are redrawn under Section 18, Article V, 4-15 Texas Constitution, four new directors shall be elected to 4-16 represent the precincts. The directors elected shall draw lots to 4-17 determine which two directors serve four-year terms, and which two 4-18 directors serve two-year terms. 4-19 SECTION 9. CONFIRMATION ELECTION. (a) Not later than the 4-20 30th day after the effective date of this Act, the temporary board 4-21 of directors shall call an election to be held not later than the 4-22 120th day after the effective date of this Act within the 4-23 boundaries of the proposed district to confirm the establishment of 4-24 the district. 4-25 (b) The ballot for the election shall be printed to provide 4-26 for voting for or against the following propositions: 4-27 (1) the creation of the Pecan Valley Groundwater 5-1 Conservation District; and 5-2 (2) the imposition of a property tax in the district. 5-3 (c) The temporary board of directors may include other 5-4 propositions on the ballot that it considers necessary. 5-5 (d) Section 41.001(a), Election Code, does not apply to a 5-6 confirmation election held as provided by this section. 5-7 (e) Except as provided by this section, a confirmation 5-8 election must be held as provided by Sections 36.017(b)-(h), Water 5-9 Code, and the Election Code. 5-10 (f) If a majority of votes cast at the election favor 5-11 creation of the district, the temporary directors shall declare the 5-12 district created. If a majority of the votes cast at the election 5-13 are against the creation of the district, the temporary directors 5-14 shall declare the district defeated. The temporary directors shall 5-15 file a copy of the election results with the Texas Natural Resource 5-16 Conservation Commission. 5-17 (g) If the creation of the district is defeated, further 5-18 elections may be called and held after the first anniversary of the 5-19 most recent confirmation election. If the district is not created 5-20 within five years after the effective date of this Act, this Act 5-21 expires. 5-22 SECTION 10. SERVICE OF TEMPORARY DIRECTORS. (a) If the 5-23 creation of the district is confirmed under Section 9 of this Act: 5-24 (1) the temporary directors for Precincts One and 5-25 Three shall serve as directors until the first regular meeting of 5-26 the board following the first regular directors' election held as 5-27 provided by Section 11(a) of this Act; and 6-1 (2) the temporary directors for Precincts Two and Four 6-2 and the temporary director serving at large shall serve until the 6-3 first regular meeting of the board following the second regular 6-4 directors' election held as provided by Section 11(b) of this Act. 6-5 (b) If, for any reason, an elected director is not qualified 6-6 to take office at the first regular meeting of the board following 6-7 the election, the temporary director shall continue to serve until 6-8 a successor has been qualified. 6-9 SECTION 11. ELECTION OF DIRECTORS. (a) On the first Saturday 6-10 in May of the second year after the year in which the district is 6-11 authorized to be created at a confirmation election, an election 6-12 shall be held in the district for the election of directors for 6-13 Precincts One and Three. 6-14 (b) On the first Saturday in May of the fourth year after 6-15 the year in which the district is authorized to be created at a 6-16 confirmation election, an election shall be held in the district 6-17 for the election of directors for Precincts Two and Four and the 6-18 at-large director. 6-19 (c) On the first Saturday in May of each subsequent second 6-20 year following the election under Subsection (b) of this section, 6-21 the appropriate number of directors shall be elected. 6-22 SECTION 12. LIMITATION ON TAXATION. The board may not impose 6-23 an ad valorem tax at a rate that exceeds five cents on each $100 6-24 valuation of taxable property in the district. 6-25 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 6-26 (a) The proper and legal notice of the intention to introduce this 6-27 Act, setting forth the general substance of this Act, has been 7-1 published as provided by law, and the notice and a copy of this Act 7-2 have been furnished to all persons, agencies, officials, or 7-3 entities to which they are required to be furnished by the 7-4 constitution and other laws of this state, including the governor, 7-5 who has submitted the notice and this Act to the Texas Natural 7-6 Resource Conservation Commission. 7-7 (b) The Texas Natural Resource Conservation Commission has 7-8 filed its recommendations relating to this Act with the governor, 7-9 lieutenant governor, and speaker of the house of representatives 7-10 within the required time. 7-11 (c) All requirements of the constitution and laws of this 7-12 state and the rules and procedures of the legislature with respect 7-13 to the notice, introduction, and passage of this Act are fulfilled 7-14 and accomplished. 7-15 SECTION 14. EFFECTIVE DATE. This Act takes effect September 7-16 1, 2001.