By Hilderbran H.B. No. 3543
77R7930 SGA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the name, elections, duties, powers, operation, and
1-3 financing of the Headwaters Underground Water Conservation
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1(a), Chapter 693, Acts of the 72nd
1-7 Legislature, Regular Session, 1991, is amended to read as follows:
1-8 (a) A groundwater [An underground water] conservation
1-9 district, to be known as the Headwaters Groundwater [Underground
1-10 Water] Conservation District, is created in Kerr County, subject to
1-11 approval at a confirmation election under Section 8 of this Act.
1-12 The district is a governmental agency and a body politic and
1-13 corporate.
1-14 SECTION 2. Section 2, Chapter 693, Acts of the 72nd
1-15 Legislature, Regular Session, 1991, is amended to read as follows:
1-16 Sec. 2. DEFINITION [DEFINITIONS]. In this Act, "district"
1-17 means the Headwaters Groundwater [Underground Water] Conservation
1-18 District.
1-19 SECTION 3. Chapter 693, Acts of the 72nd Legislature,
1-20 Regular Session, 1991, is amended by adding Section 2A to read as
1-21 follows:
1-22 Sec. 2A. NAME CHANGE. A reference in law to the Headwaters
1-23 Underground Water Conservation District means the Headwaters
1-24 Groundwater Conservation District.
2-1 SECTION 4. Section 5, Chapter 693, Acts of the 72nd
2-2 Legislature, Regular Session, 1991, is amended to read as follows:
2-3 Sec. 5. POWERS. (a) The district has all of the rights,
2-4 powers, privileges, authority, functions, and duties provided by
2-5 the general law of this state, including Chapter 36 [Chapters 50
2-6 and 52], Water Code, applicable to groundwater [underground water]
2-7 conservation districts created under Article XVI, Section 59, of
2-8 the Texas Constitution. This Act prevails over any provision of
2-9 general law that is in conflict or inconsistent with this Act.
2-10 (b) The rights, powers, privileges, authority, functions,
2-11 and duties of the district are subject to the continuing right of
2-12 supervision of the state to be exercised by and through the Texas
2-13 Natural Resource Conservation [Water] Commission.
2-14 (c) Notwithstanding Subsection (a), the following provisions
2-15 prevail over a conflicting or inconsistent provision of this Act:
2-16 (1) Sections 36.1071-36.108, Water Code;
2-17 (2) Sections 36.159-36.161, Water Code; and
2-18 (3) Subchapter I, Chapter 36, Water Code.
2-19 SECTION 5. Section 6(e), Chapter 693, Acts of the 72nd
2-20 Legislature, Regular Session, 1991, is amended to read as follows:
2-21 (e) Each director must qualify to serve as director in the
2-22 manner provided by Section 36.055 [Sections 51.078 and 51.079],
2-23 Water Code.
2-24 SECTION 6. Section 9, Chapter 693, Acts of the 72nd
2-25 Legislature, Regular Session, 1991, is amended to read as follows:
2-26 Sec. 9. ELECTION OF DIRECTORS. (a) The directors of the
2-27 district shall be elected according to the commissioners precinct
3-1 method as provided by this section.
3-2 (b) Directors' elections shall occur on the general election
3-3 dates for the election of county commissioners, except that if
3-4 directors' elections may not lawfully be held on the general
3-5 election dates for the election of county commissioners, directors'
3-6 elections shall occur on the first Saturday in May of odd-numbered
3-7 years. [On the first Saturday in May of the second year after the
3-8 year in which the district is authorized to be created at a
3-9 confirmation election, an election shall be held in the district
3-10 for the election of two directors who shall each serve two-year
3-11 terms and three directors who shall each serve four-year terms.
3-12 Thereafter, on the same date in each subsequent second year, the
3-13 appropriate number of directors shall be elected to the board.]
3-14 (c) One director shall be elected by the electors of the
3-15 entire district, and one director shall be elected from each county
3-16 commissioners precinct by the electors of that precinct.
3-17 (d) To be qualified to be a candidate for or to serve as
3-18 director at large, a person must be a registered voter in the
3-19 district. To be a candidate for or to serve as director from a
3-20 county commissioners precinct, a person must be a registered voter
3-21 of that precinct.
3-22 (e) A person shall indicate on the application for a place
3-23 on the ballot:
3-24 (1) the precinct that the person seeks to represent;
3-25 or
3-26 (2) that the person seeks to represent the district at
3-27 large.
4-1 (f) At the first election after the county commissioners
4-2 precincts are redrawn under Section 18, Article V, Texas
4-3 Constitution, four new directors shall be elected to represent the
4-4 precincts. The directors elected shall draw lots to determine
4-5 which two directors serve two-year terms and which two directors
4-6 serve four-year terms.
4-7 SECTION 7. Section 10, Chapter 693, Acts of the 72nd
4-8 Legislature, Regular Session, 1991, is amended by amending
4-9 Subsection (a) and by adding Subsection (c) to read as follows:
4-10 (a) The district may [shall] contract with Kerr County or a
4-11 river authority whose boundaries are coextensive with the
4-12 district's boundaries for services available from the county or
4-13 river authority that directly relate to the district's activities.
4-14 Any party to a contract required by this subsection may petition
4-15 the commission to resolve any dispute arising out of the contract.
4-16 (c) The district may charge a production fee for water
4-17 transported out of the district, based on local aquifer storage and
4-18 recovery project costs, for the introduction of water into the
4-19 local aquifers, or for other conservation programs, as defined by
4-20 the district.
4-21 SECTION 8. Section 11, Chapter 693, Acts of the 72nd
4-22 Legislature, Regular Session, 1991, is amended to read as follows:
4-23 Sec. 11. REPRESENTATION BY ATTORNEY GENERAL. (a) At the
4-24 request of the district, the attorney general shall represent the
4-25 district in any suit brought against the district in a state court
4-26 or any court of the United States.
4-27 (b) The attorney general shall also provide legal assistance
5-1 as required by the district. [PROHIBITED ACTS. The district may not
5-2 sell, donate, lease, or otherwise grant rights in or to underground
5-3 water located in the district.]
5-4 SECTION 9. Notwithstanding Section 9, Chapter 693, Acts of
5-5 the 72nd Legislature, Regular Session, 1991, as amended by this
5-6 Act:
5-7 (1) the three directors of the Headwaters Groundwater
5-8 Conservation District elected at the directors' election in May
5-9 2001 shall continue to serve until their successors take office
5-10 following an election in November 2004, except that if the district
5-11 is prohibited from holding a directors' election on the same date
5-12 as the general election for county commissioners, those three
5-13 directors shall continue to serve until their successors take
5-14 office following an election in May 2005;
5-15 (2) at the district directors' election in November
5-16 2004, or alternatively, in May 2005, one director shall be elected
5-17 at large, one director shall be elected from Commissioners Precinct
5-18 No. 2 of Kerr County, and one director shall be elected from
5-19 Commissioners Precinct No. 4 of that county;
5-20 (3) the two district directors elected in May 2003
5-21 shall continue to serve until their successors take office
5-22 following an election in November 2006, except that if the district
5-23 is prohibited from holding a directors' election on the same date
5-24 as the general election for county commissioners, those two
5-25 directors shall continue to serve until their successors take
5-26 office following an election in May 2007; and
5-27 (4) at the district directors' election in November
6-1 2006, or if necessary, in May 2007, one director shall be elected
6-2 from Commissioners Precinct No. 1 of Kerr County, and one director
6-3 shall be elected from Commissioners Precinct No. 3 of that county.
6-4 SECTION 10. This Act takes effect immediately if it receives
6-5 a vote of two-thirds of all the members elected to each house, as
6-6 provided by Section 39, Article III, Texas Constitution. If this
6-7 Act does not receive the vote necessary for immediate effect, this
6-8 Act takes effect September 1, 2001.