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. 3-59 * * * * *