1-1     By:  Morrison (Senate Sponsor - Armbrister)           H.B. No. 3231
 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 5, Nays 0, 1 present, not voting; May 11, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the creation, administration, powers, duties,
1-10     operation, and financing of the Pecan Valley Groundwater
1-11     Conservation District.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  CREATION. (a)  A groundwater conservation
1-14     district, to be known as the Pecan Valley Groundwater Conservation
1-15     District, is created in DeWitt County, subject to approval at a
1-16     confirmation election under Section 9 of this Act.  The district is
1-17     a governmental agency and a body politic and corporate.
1-18           (b)  The district is created under and is essential to
1-19     accomplish the purposes of Section 59, Article XVI, Texas
1-20     Constitution.
1-21           SECTION 2.  DEFINITION. In this Act, "district" means the
1-22     Pecan Valley Groundwater Conservation District.
1-23           SECTION 3.  BOUNDARIES. The boundaries of the district are
1-24     coextensive with the boundaries of DeWitt County.
1-25           SECTION 4.  FINDING OF BENEFIT. All of the land and other
1-26     property included within the boundaries of the district will be
1-27     benefited by the works and projects that are to be accomplished by
1-28     the district under powers conferred by Section 59, Article XVI,
1-29     Texas Constitution.  The district is created to serve a public use
1-30     and benefit.
1-31           SECTION 5.  GENERAL POWERS. (a)  The district has all of the
1-32     rights, powers, privileges, authority, functions, and duties
1-33     provided by the general law of this state, including Chapter 36,
1-34     Water Code, applicable to groundwater conservation districts
1-35     created under Section 59, Article XVI, Texas Constitution.  This
1-36     Act prevails over any provision of general law that is in conflict
1-37     or inconsistent with this Act.
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 6.  BOARD OF DIRECTORS. (a)  The district is governed
1-45     by a board of five directors.
1-46           (b)  Temporary directors serve until the confirmation
1-47     election under Section 9 of this Act.  If the district is confirmed
1-48     under Section 9 of this Act, the temporary directors serve until
1-49     permanent directors are elected under Section 11 of this Act.
1-50           (c)  Permanent directors serve staggered four-year terms.
1-51           (d)  Each director must qualify to serve as director in the
1-52     manner provided by Section 36.055, Water Code.
1-53           (e)  A director serves until the director's successor has
1-54     qualified.
1-55           (f)  A vacancy in the office of director shall be filled by
1-56     appointment of the board until the next election of directors.  If
1-57     the position is not scheduled to be filled at the election, the
1-58     person elected to fill the position shall serve only for the
1-59     remainder of the unexpired term.
1-60           SECTION 7.  TEMPORARY DIRECTORS. (a)  The temporary board of
1-61     directors consists of:
1-62                 (1)  Lias B. Steen, Precinct One;
1-63                 (2)  Gary Colman, Precinct Two;
1-64                 (3)  Peggy Laging, Precinct Three;
 2-1                 (4)  Bob McCurty, Precinct Four; and
 2-2                 (5)  Errol J. Dietze, at large.
 2-3           (b)  If a temporary director fails to qualify for office or
 2-4     if a vacancy occurs in the office of temporary director for any
 2-5     reason, the temporary directors who have qualified shall appoint a
 2-6     qualified person to fill the vacancy.  If at any time there are
 2-7     fewer than three qualified temporary directors, the DeWitt County
 2-8     Commissioners Court shall appoint the necessary number of persons
 2-9     to fill all vacancies on the board.
2-10           (c)  The temporary directors shall select from their members
2-11     persons to serve as chairman, vice chairman, and secretary.
2-12           (d)  To be qualified to serve as a temporary director, a
2-13     person must be a resident of DeWitt County and at least 18 years of
2-14     age.
2-15           SECTION 8.  METHOD OF ELECTING DIRECTORS. (a)  The directors
2-16     of the district shall be elected according to the commissioners
2-17     precinct method as provided by this section.
2-18           (b)  One director shall be elected by the voters of the
2-19     entire district, and one director shall be elected from each county
2-20     commissioners precinct by the voters of that precinct.
2-21           (c)  To be qualified to be a candidate for or to serve as
2-22     director at large, a person must be at least 18 years of age, a
2-23     resident of the district, and a registered voter in the district.
2-24     To be a candidate for or to serve as director from a county
2-25     commissioners precinct, a person must be at least 18 years of age,
2-26     a resident of that precinct, and a registered voter of that
2-27     precinct.
2-28           (d)  A person shall indicate on the application for a place
2-29     on the ballot:
2-30                 (1)  the precinct that the person seeks to represent;
2-31     or
2-32                 (2)  that the person seeks to represent the district at
2-33     large.
2-34           (e)  At the first election of the district after the county
2-35     commissioners precincts are redrawn under Section 18, Article V,
2-36     Texas Constitution, four new directors shall be elected to
2-37     represent the precincts.  The directors elected shall draw lots to
2-38     determine which two directors serve four-year terms, and which two
2-39     directors serve two-year terms.
2-40           SECTION 9.  CONFIRMATION ELECTION. (a)  Not later than the
2-41     30th day after the effective date of this Act, the temporary board
2-42     of directors shall call an election to be held not later than the
2-43     120th day after the effective date of this Act within the
2-44     boundaries of the proposed district to confirm the establishment of
2-45     the district.
2-46           (b)  The ballot for the election shall be printed to provide
2-47     for voting for or against the following propositions:
2-48                 (1)  the creation of the Pecan Valley Groundwater
2-49     Conservation District; and
2-50                 (2)  the imposition of a property tax in the district.
2-51           (c)  The temporary board of directors may include other
2-52     propositions on the ballot that it considers necessary.
2-53           (d)  Section 41.001(a), Election Code, does not apply to a
2-54     confirmation election held as provided by this section.
2-55           (e)  Except as provided by this section, a confirmation
2-56     election must be held as provided by Sections 36.017(b)-(h), Water
2-57     Code, and the Election Code.
2-58           (f)  If a majority of votes cast at the election favor
2-59     creation of the district, the temporary directors shall declare the
2-60     district created.  If a majority of the votes cast at the election
2-61     are against the creation of the district, the temporary directors
2-62     shall declare the district defeated.  The temporary directors shall
2-63     file a copy of the election results with the Texas Natural Resource
2-64     Conservation Commission.
2-65           (g)  If the creation of the district is defeated, further
2-66     elections may be called and held after the first anniversary of the
2-67     most recent confirmation election.  If the district is not created
2-68     within five years after the effective date of this Act, this Act
2-69     expires.
 3-1           SECTION 10.  SERVICE OF TEMPORARY DIRECTORS. (a)  If the
 3-2     creation of the district is confirmed under Section 9 of this Act:
 3-3                 (1)  the temporary directors for Precincts One and
 3-4     Three shall serve as directors until the first regular meeting of
 3-5     the board following the first regular directors' election held as
 3-6     provided by Section 11(a) of this Act; and
 3-7                 (2)  the temporary directors for Precincts Two and Four
 3-8     and the temporary director serving at large shall serve until the
 3-9     first regular meeting of the board following the second regular
3-10     directors' election held as provided by Section 11(b) of this Act.
3-11           (b)  If, for any reason, an elected director is not qualified
3-12     to take office at the first regular meeting of the board following
3-13     the election, the temporary director shall continue to serve until
3-14     a successor has been qualified.
3-15           SECTION 11. ELECTION OF DIRECTORS. (a)  On the first Saturday
3-16     in May of the second year after the year in which the district is
3-17     authorized to be created at a confirmation election, an election
3-18     shall be held in the district for the election of directors for
3-19     Precincts One and Three.
3-20           (b)  On the first Saturday in May of the fourth year after
3-21     the year in which the district is authorized to be created at a
3-22     confirmation election, an election shall be held in the district
3-23     for the election of directors for Precincts Two and Four and the
3-24     at-large director.
3-25           (c)  On the first Saturday in May of each subsequent second
3-26     year following the election under Subsection (b) of this section,
3-27     the appropriate number of directors shall be elected.
3-28           SECTION 12.  LIMITATION ON TAXATION. The board may not impose
3-29     an ad valorem tax at a rate that exceeds five cents on each $100
3-30     valuation of taxable property in the district.
3-31           SECTION 13.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-32     (a)  The proper and legal notice of the intention to introduce this
3-33     Act, setting forth the general substance of this Act, has been
3-34     published as provided by law, and the notice and a copy of this Act
3-35     have been furnished to all persons, agencies, officials, or
3-36     entities to which they are required to be furnished by the
3-37     constitution and other laws of this state, including the governor,
3-38     who has submitted the notice and this Act to the Texas Natural
3-39     Resource Conservation Commission.
3-40           (b)  The Texas Natural Resource Conservation Commission has
3-41     filed its recommendations relating to this Act with the governor,
3-42     lieutenant governor, and speaker of the house of representatives
3-43     within the required time.
3-44           (c)  All requirements of the constitution and laws of this
3-45     state and the rules and procedures of the legislature with respect
3-46     to the notice, introduction, and passage of this Act are fulfilled
3-47     and accomplished.
3-48           SECTION 14.  EFFECTIVE DATE. This Act takes effect September
3-49     1, 2001.
3-50                                  * * * * *