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 * * * * *