1-1     By:  Uher (Senate Sponsor - Armbrister)               H.B. No. 3640
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 10, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation, administration, powers, duties,
 1-9     operation, and financing of the Coastal Plains Groundwater
1-10     Conservation District and the authorization of the district to
1-11     impose an ad valorem tax.
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 Coastal Plains Groundwater
1-15     Conservation District, is created in Matagorda County, subject to
1-16     approval at a confirmation election under Section 10 of this Act.
1-17     The district is a governmental agency and a body politic and
1-18     corporate.
1-19           (b)  The district is created under and is essential to
1-20     accomplish the purposes of Section 59, Article XVI, Texas
1-21     Constitution.
1-22           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-23     Coastal Plains Groundwater Conservation District.
1-24           SECTION 3.  BOUNDARIES.  The boundaries of the district are
1-25     coextensive with the boundaries of Matagorda County, Texas.
1-26           SECTION 4.  FINDING OF BENEFIT.  All of the land and other
1-27     property included within the boundaries of the district will be
1-28     benefitted by the works and projects that are to be accomplished by
1-29     the district under powers conferred by Section 59, Article XVI,
1-30     Texas Constitution.  The district is created to serve a public use
1-31     and benefit.
1-32           SECTION 5.  POWERS.  (a)  Except as otherwise provided by
1-33     this Act, the district has all of the rights, powers, privileges,
1-34     authority, functions, and duties provided by the general law of
1-35     this state, including Chapter 36, Water Code, applicable to
1-36     groundwater conservation districts created under Section 59,
1-37     Article XVI, Texas Constitution.  This Act prevails over any
1-38     provision of general law that is in conflict with or inconsistent
1-39     with this Act.
1-40           (b)  Notwithstanding Subsection (a) of this section, the
1-41     following provisions prevail over a conflicting or inconsistent
1-42     provision of this Act:
1-43                 (1)  Sections 36.1071-36.108, Water Code;
1-44                 (2)  Sections 36.159-36.161, Water Code; and
1-45                 (3)  Subchapter I, Chapter 36, Water Code.
1-46           SECTION 6.  REGIONAL COOPERATION.  To provide for uniformity
1-47     across districts in addressing the need to achieve a common
1-48     approach to managing the underlying aquifer and to ensure that
1-49     administration of the district will be cost effective, the district
1-50     shall:
1-51                 (1)  attempt to coordinate meetings with adjacent
1-52     districts;
1-53                 (2)  encourage sharing of personnel and resources to
1-54     achieve administrative cost savings;
1-55                 (3)  study a common approach for collecting and sharing
1-56     appropriate data to be used in managing the aquifer;
1-57                 (4)  support cooperation in the investigation of
1-58     aquifer contamination; and
1-59                 (5)  include adjacent districts on mailing lists for
1-60     district meeting announcements, newsletters, public meetings, and
1-61     other scheduled events.
1-62           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
1-63     governed by a board of seven directors.
1-64           (b)  Temporary directors serve until initial directors are
 2-1     elected under Section 10 of this Act.
 2-2           (c)  Initial directors serve until permanent directors are
 2-3     elected under Section 11 of this Act.
 2-4           (d)  Permanent directors serve staggered four-year terms.
 2-5           (e)  Each director must qualify to serve as director in the
 2-6     manner provided by Section 36.055, Water Code.
 2-7           (f)  A director serves until the director's successor has
 2-8     qualified.
 2-9           (g)  A vacancy in the office of director shall be filled by
2-10     appointment of the board until the next election for directors.  At
2-11     the next election for directors, a person shall be elected to fill
2-12     the position.  If the position is not scheduled to be filled at the
2-13     election, the person elected to fill the position shall serve only
2-14     for the remainder of the unexpired term.
2-15           SECTION 8.  TEMPORARY DIRECTORS.  (a)  The temporary board of
2-16     directors is composed of:
2-17                 Position No:                  Name
2-18                     (1)                   Haskell Simon;
2-19                     (2)                   Herff Cornelius;
2-20                     (3)                   Bruce Herlin;
2-21                     (4)                   Wayne Ackerman;
2-22                     (5)                   George Harrison;
2-23                     (6)                   Billy Mann; and
2-24                     (7)                   Deedy Huffman
2-25           (b)  If a temporary director fails to qualify for office, the
2-26     temporary directors who have qualified shall appoint a person to
2-27     fill the vacancy.
2-28           SECTION 9.  METHOD OF ELECTING DIRECTORS.  (a)  Three
2-29     directors shall be elected by the qualified voters of the entire
2-30     district, and one director shall be elected from each county
2-31     commissioners precinct by the qualified voters of that precinct.
2-32     The directors elected from precincts 1-4 occupy positions 1-4,
2-33     respectively, on the board.  The at-large directors occupy
2-34     positions 5-7, respectively, on the board.
2-35           (b)  To be eligible to be a candidate for or to serve as a
2-36     director at large, a person must be a registered voter in the
2-37     district.  To be eligible to be a candidate for or to serve as a
2-38     director from a county commissioners precinct, a person must be a
2-39     registered voter of that precinct.
2-40           (c)  A person shall indicate the position on the board for
2-41     which the person is a candidate on the application for a place on
2-42     the ballot.
2-43           (d)  At the first election after the county commissioners
2-44     precincts are redrawn under Section 18, Article V, Texas
2-45     Constitution, each director in office on the effective date of the
2-46     change, or elected to a term of office beginning on or after the
2-47     effective date of the change, shall serve, unless otherwise removed
2-48     as provided by law, in the position to which each was elected for
2-49     the entire term to which elected, even though the change in
2-50     boundaries places the director's residence outside the precinct
2-51     from which the director was elected.
2-52           SECTION 10.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
2-53     (a)  The temporary board of directors shall call and hold an
2-54     election to confirm establishment of the district and to elect
2-55     initial directors.
2-56           (b)  At the confirmation and initial directors' election, the
2-57     temporary board of directors shall have placed on the ballot the
2-58     name of any candidate filing for an initial director's position and
2-59     blank spaces to write in the names of other persons.  A temporary
2-60     director who is eligible to be a candidate under Section 9 may file
2-61     for an initial director's position.
2-62           (c)  Section 41.001(a), Election Code, does not apply to a
2-63     confirmation and initial directors' election held as provided by
2-64     this section.
2-65           (d)  Except as provided by this section, a confirmation and
2-66     initial directors' election must be conducted as provided by
2-67     Sections 36.017(b)-(h), Water Code, and the Election Code.
2-68           (e)  If a majority of the votes cast at the election are
2-69     against the creation of the district, the temporary directors may
 3-1     call and hold subsequent elections to confirm establishment of the
 3-2     district.  A subsequent election may not be held earlier than the
 3-3     first anniversary of the date on which the previous election was
 3-4     held.
 3-5           (f)  The initial directors for positions 1, 3, 5, and 7 shall
 3-6     serve until the first regular meeting of the board of directors
 3-7     following the first permanent directors' election under Section 11
 3-8     of this Act.  The initial directors for positions 2, 4, and 6 shall
 3-9     serve until the first regular meeting of the board of directors
3-10     following the second permanent directors' election under Section 11
3-11     of this Act.
3-12           SECTION 11.  ELECTION OF PERMANENT DIRECTORS.  Beginning in
3-13     the second year after the year in which the district is authorized
3-14     to be created at a confirmation election and every subsequent two
3-15     years, the board of directors of the district shall call an
3-16     election to be held in the district on any uniform election date
3-17     provided by Section 41.001(a), Election Code, to elect the
3-18     appropriate number of directors to the board.  If the board changes
3-19     the uniform election date for directors' elections, the district
3-20     shall adjust the terms of office to conform to the new election
3-21     date.
3-22           SECTION 12.  DISTRICT REVENUES.  To pay the maintenance and
3-23     operating costs of the district and to pay any bonds issued by the
3-24     district, the district may:
3-25                 (1)  impose an ad valorem tax at a rate not to exceed
3-26     2-1/2 cents for each $100 of taxable value of property in the
3-27     district, subject to voter approval;
3-28                 (2)  assess fees for services or for water withdrawn
3-29     from wells; or
3-30                 (3)  solicit and accept grants from any public or
3-31     private source.
3-32           SECTION 13.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
3-33     (a)  The proper and legal notice of the intention to introduce this
3-34     Act, setting forth the general substance of this Act, has been
3-35     published as provided by law, and the notice and a copy of this Act
3-36     have been furnished to all persons, agencies, officials, or
3-37     entities to which they are required to be furnished by the
3-38     constitution and other laws of this state, including the governor,
3-39     who has submitted the notice and Act to the Texas Natural Resource
3-40     Conservation Commission.
3-41           (b)  The Texas Natural Resource Conservation Commission has
3-42     filed its recommendations relating to this Act with the governor,
3-43     lieutenant governor, and speaker of the house of representatives
3-44     within the required time.
3-45           (c)  All requirements of the constitution and laws of this
3-46     state and the rules and procedures of the legislature with respect
3-47     to the notice, introduction, and passage of this Act are fulfilled
3-48     and accomplished.
3-49           SECTION 14.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
3-50     takes effect immediately if it receives a vote of two-thirds of all
3-51     the members elected to each house, as provided by Section 39,
3-52     Article III, Texas Constitution.  If this Act does not receive the
3-53     vote necessary for immediate effect, this Act takes effect
3-54     September 1, 2001.
3-55           (b)  If the creation of the district is not confirmed by a
3-56     confirmation election held under Section 10 of this Act before the
3-57     fifth anniversary of the effective date of this Act, this Act
3-58     expires on that date.
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