By Morrison H.B. No. 3231
77R8178 QS-F
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 DeWitt County 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 DeWitt County 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 DeWitt County 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 Coleman, Precinct Two;
3-6 (3) Peggy Loggin, 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 after the county commissioners
4-14 precincts are redrawn under Section 18, Article V, Texas
4-15 Constitution, four new directors shall be elected to represent the
4-16 precincts. The directors elected shall draw lots to determine
4-17 which two directors serve four-year terms, and which two directors
4-18 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 DeWitt County 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.
7-17 COMMITTEE AMENDMENT NO. 1
7-18 H.B. 3231 is amended by striking the language on page 3, lines 5-6
7-19 of the bill and substituting the following:
7-20 (2) Gary Colman, Precinct Two
7-21 (3) Peggy Laging, Precinct Three
7-22 King of Uvalde
7-23 COMMITTEE AMENDMENT NO. 2
7-24 Amend H.B. No. 3231 as follows:
7-25 On page 4, line 13, insert "of the district" after the word
7-26 "election" and before the word "after".
7-27 King of Uvalde