By Uher H.B. No. 3640
77R4860 SGA-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 Coastal Plains Groundwater
1-4 Conservation District and the authorization of the district to
1-5 impose an ad valorem tax.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. CREATION. (a) A groundwater conservation
1-8 district, to be known as the Coastal Plains Groundwater
1-9 Conservation District, is created in Matagorda County, subject to
1-10 approval at a confirmation election under Section 10 of this Act.
1-11 The district is a governmental agency and a body politic and
1-12 corporate.
1-13 (b) The district is created under and is essential to
1-14 accomplish the purposes of Section 59, Article XVI, Texas
1-15 Constitution.
1-16 SECTION 2. DEFINITION. In this Act, "district" means the
1-17 Coastal Plains Groundwater Conservation District.
1-18 SECTION 3. BOUNDARIES. The boundaries of the district are
1-19 coextensive with the boundaries of Matagorda County, Texas.
1-20 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-21 property included within the boundaries of the district will be
1-22 benefitted by the works and projects that are to be accomplished by
1-23 the district under powers conferred by Section 59, Article XVI,
1-24 Texas Constitution. The district is created to serve a public use
2-1 and benefit.
2-2 SECTION 5. POWERS. (a) Except as otherwise provided by
2-3 this Act, the district has all of the rights, powers, privileges,
2-4 authority, functions, and duties provided by the general law of
2-5 this state, including Chapter 36, Water Code, applicable to
2-6 groundwater conservation districts created under Section 59,
2-7 Article XVI, Texas Constitution. This Act prevails over any
2-8 provision of general law that is in conflict with or inconsistent
2-9 with this Act.
2-10 (b) Notwithstanding Subsection (a) of this section, the
2-11 following provisions prevail over a conflicting or inconsistent
2-12 provision of this Act:
2-13 (1) Sections 36.1071-36.108, Water Code;
2-14 (2) Sections 36.159-36.161, Water Code; and
2-15 (3) Subchapter I, Chapter 36, Water Code.
2-16 SECTION 6. REGIONAL COOPERATION. To provide for uniformity
2-17 across districts in addressing the need to achieve a common
2-18 approach to managing the underlying aquifer and to ensure that
2-19 administration of the district will be cost effective, the district
2-20 shall:
2-21 (1) attempt to coordinate meetings with adjacent
2-22 districts;
2-23 (2) encourage sharing of personnel and resources to
2-24 achieve administrative cost savings;
2-25 (3) study a common approach for collecting and sharing
2-26 appropriate data to be used in managing the aquifer;
2-27 (4) support cooperation in the investigation of
3-1 aquifer contamination; and
3-2 (5) include adjacent districts on mailing lists for
3-3 district meeting announcements, newsletters, public meetings, and
3-4 other scheduled events.
3-5 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-6 governed by a board of seven directors.
3-7 (b) Temporary directors serve until initial directors are
3-8 elected under Section 10 of this Act.
3-9 (c) Initial directors serve until permanent directors are
3-10 elected under Section 11 of this Act.
3-11 (d) Permanent directors serve staggered four-year terms.
3-12 (e) Each director must qualify to serve as director in the
3-13 manner provided by Section 36.055, Water Code.
3-14 (f) A director serves until the director's successor has
3-15 qualified.
3-16 (g) A vacancy in the office of director shall be filled by
3-17 appointment of the board until the next election for directors. At
3-18 the next election for directors, a person shall be elected to fill
3-19 the position. If the position is not scheduled to be filled at the
3-20 election, the person elected to fill the position shall serve only
3-21 for the remainder of the unexpired term.
3-22 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-23 directors is composed of:
3-24 Position No: Name
3-25 (1) Haskell Simon;
3-26 (2) Herff Cornelius;
3-27 (3) Bruce Herlin;
4-1 (4) Wayne Ackerman;
4-2 (5) George Harrison;
4-3 (6) Billy Mann; and
4-4 (7) Bob Pennington
4-5 (b) If a temporary director fails to qualify for office, the
4-6 temporary directors who have qualified shall appoint a person to
4-7 fill the vacancy.
4-8 SECTION 9. METHOD OF ELECTING DIRECTORS. (a) Three
4-9 directors shall be elected by the qualified voters of the entire
4-10 district, and one director shall be elected from each county
4-11 commissioners precinct by the qualified voters of that precinct.
4-12 The directors elected from precincts 1-4 occupy positions 1-4,
4-13 respectively, on the board. The at-large directors occupy
4-14 positions 5-7, respectively, on the board.
4-15 (b) To be eligible to be a candidate for or to serve as a
4-16 director at large, a person must be a registered voter in the
4-17 district. To be eligible to be a candidate for or to serve as a
4-18 director from a county commissioners precinct, a person must be a
4-19 registered voter of that precinct.
4-20 (c) A person shall indicate the position on the board for
4-21 which the person is a candidate on the application for a place on
4-22 the ballot.
4-23 (d) At the first election after the county commissioners
4-24 precincts are redrawn under Section 18, Article V, Texas
4-25 Constitution, four new directors shall be elected to represent the
4-26 precincts. The directors elected shall draw lots to determine
4-27 which two directors serve two-year terms and which two directors
5-1 serve four-year terms.
5-2 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
5-3 (a) The temporary board of directors shall call and hold an
5-4 election to confirm establishment of the district and to elect
5-5 initial directors.
5-6 (b) At the confirmation and initial directors' election, the
5-7 temporary board of directors shall have placed on the ballot the
5-8 name of any candidate filing for an initial director's position and
5-9 blank spaces to write in the names of other persons. A temporary
5-10 director who is eligible to be a candidate under Section 9 may file
5-11 for an initial director's position.
5-12 (c) Section 41.001(a), Election Code, does not apply to a
5-13 confirmation and initial directors' election held as provided by
5-14 this section.
5-15 (d) Except as provided by this section, a confirmation and
5-16 initial directors' election must be conducted as provided by
5-17 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-18 (e) If a majority of the votes cast at the election are
5-19 against the creation of the district, the temporary directors may
5-20 call and hold subsequent elections to confirm establishment of the
5-21 district. A subsequent election may not be held earlier than the
5-22 first anniversary of the date on which the previous election was
5-23 held.
5-24 (f) The initial directors for positions 1, 3, 5, and 7 shall
5-25 serve until the first regular meeting of the board of directors
5-26 following the first permanent directors' election under Section 11
5-27 of this Act. The initial directors for positions 2, 4, and 6 shall
6-1 serve until the first regular meeting of the board of directors
6-2 following the second permanent directors' election under Section 11
6-3 of this Act.
6-4 SECTION 11. ELECTION OF PERMANENT DIRECTORS. Beginning in
6-5 the second year after the year in which the district is authorized
6-6 to be created at a confirmation election and every subsequent two
6-7 years, the board of directors of the district shall call an
6-8 election to be held in the district on any uniform election date
6-9 provided by Section 41.001(a), Election Code, to elect the
6-10 appropriate number of directors to the board. If the board changes
6-11 the uniform election date for directors' elections, the district
6-12 shall adjust the terms of office to conform to the new election
6-13 date.
6-14 SECTION 12. DISTRICT REVENUES. To pay the maintenance and
6-15 operating costs of the district and to pay any bonds issued by the
6-16 district, the district may:
6-17 (1) impose an ad valorem tax at a rate not to exceed
6-18 2-1/2 cents for each $100 of taxable value of property in the
6-19 district, subject to voter approval;
6-20 (2) assess fees for services or for water withdrawn
6-21 from wells; or
6-22 (3) solicit and accept grants from any public or
6-23 private source.
6-24 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
6-25 (a) The proper and legal notice of the intention to introduce this
6-26 Act, setting forth the general substance of this Act, has been
6-27 published as provided by law, and the notice and a copy of this Act
7-1 have been furnished to all persons, agencies, officials, or
7-2 entities to which they are required to be furnished by the
7-3 constitution and other laws of this state, including the governor,
7-4 who has submitted the notice and Act to the Texas Natural Resource
7-5 Conservation Commission.
7-6 (b) The Texas Natural Resource Conservation Commission has
7-7 filed its recommendations relating to this Act with the governor,
7-8 lieutenant governor, and speaker of the house of representatives
7-9 within the required time.
7-10 (c) All requirements of the constitution and laws of this
7-11 state and the rules and procedures of the legislature with respect
7-12 to the notice, introduction, and passage of this Act are fulfilled
7-13 and accomplished.
7-14 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
7-15 takes effect immediately if it receives a vote of two-thirds of all
7-16 the members elected to each house, as provided by Section 39,
7-17 Article III, Texas Constitution. If this Act does not receive the
7-18 vote necessary for immediate effect, this Act takes effect
7-19 September 1, 2001.
7-20 (b) If the creation of the district is not confirmed by a
7-21 confirmation election held under Section 10 of this Act before the
7-22 fifth anniversary of the effective date of this Act, this Act
7-23 expires on that date.