By Counts H.B. No. 3642 77R8215 QS-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 Lower Seymour Groundwater 1-4 Conservation District; authorizing a tax. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION. (a) A groundwater conservation 1-7 district, to be known as the Lower Seymour Groundwater Conservation 1-8 District, is created in Jones County, subject to approval at a 1-9 confirmation election under Section 9 of this Act. The district is 1-10 a governmental agency and a body politic and corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 SECTION 2. DEFINITION. In this Act, "district" means the 1-15 Lower Seymour Groundwater Conservation District. 1-16 SECTION 3. BOUNDARIES. The boundaries of the district are 1-17 coextensive with the boundaries of Jones County, Texas. 1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-19 property included within the boundaries of the district will be 1-20 benefited by the works and projects that are to be accomplished by 1-21 the district under powers conferred by Section 59, Article XVI, 1-22 Texas Constitution. The district is created to serve a public use 1-23 and benefit. 1-24 SECTION 5. POWERS. Except as provided by this Act, the 2-1 district has all of the rights, powers, privileges, authority, 2-2 functions, and duties provided by the general law of this state, 2-3 including Chapter 36, Water Code, applicable to groundwater 2-4 conservation districts created under Section 59, Article XVI, Texas 2-5 Constitution. This Act prevails over any provision of general law 2-6 that is in conflict or inconsistent with this Act. 2-7 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed 2-8 by a board of five directors. 2-9 (b) Temporary directors serve until initial directors are 2-10 elected under Section 9 of this Act. 2-11 (c) Initial directors serve until permanent directors are 2-12 elected under Section 10 of this Act. 2-13 (d) Permanent directors serve staggered four-year terms. 2-14 (e) Each director must qualify to serve as director in the 2-15 manner provided by Section 36.055, Water Code. 2-16 (f) A director serves until the director's successor has 2-17 qualified. 2-18 (g) A vacancy in the office of director shall be filled by 2-19 appointment of the board until the next election for directors. If 2-20 the position is not scheduled to be filled at the next election, 2-21 the person elected in that election to fill the position shall 2-22 serve only for the remainder of the unexpired term. 2-23 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 2-24 directors consists of: 2-25 (1) Dale Spurgin, at large; 2-26 (2) Larry Green, Precinct 1; 2-27 (3) Jackie Buske, Precinct 2; 3-1 (4) Vonay Davis, Precinct 3; and 3-2 (5) Jim Leonard, Precinct 4. 3-3 (b) If a temporary director fails to qualify for office, the 3-4 temporary directors who have qualified shall appoint a person to 3-5 fill the vacancy. If at any time there are fewer than three 3-6 qualified temporary directors, the Texas Natural Resource 3-7 Conservation Commission shall appoint the necessary number of 3-8 persons to fill all vacancies on the board. 3-9 SECTION 8. METHOD OF ELECTING DIRECTORS. (a) The directors 3-10 of the district shall be elected according to the commissioners 3-11 precinct method as provided by this section. 3-12 (b) One director shall be elected by the electors of the 3-13 entire district, and one director shall be elected from each county 3-14 commissioners precinct by the electors of that precinct. 3-15 (c) To be qualified to be a candidate for or to serve as 3-16 director at large, a person must be a registered voter in the 3-17 district. To be a candidate for or to serve as director from a 3-18 county commissioners precinct, a person must be a registered voter 3-19 of that precinct. 3-20 (d) A person shall indicate on the application for a place 3-21 on the ballot: 3-22 (1) the precinct that the person seeks to represent; 3-23 or 3-24 (2) that the person seeks to represent the district at 3-25 large. 3-26 (e) At the first election after the county commissioners 3-27 precincts are redrawn under Section 18, Article V, Texas 4-1 Constitution, four new directors shall be elected to represent the 4-2 precincts. The directors elected shall draw lots to determine 4-3 which two directors serve two-year terms and which two directors 4-4 serve four-year terms. 4-5 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) 4-6 The temporary board of directors shall call and hold an election to 4-7 confirm establishment of the district, to confirm the district's 4-8 taxing authority, and to elect initial directors. The initial 4-9 confirmation election must be held: 4-10 (1) before the second anniversary of the effective 4-11 date of this Act; and 4-12 (2) concurrently with another election held by a 4-13 political subdivision. 4-14 (b) At the confirmation and initial directors' election, the 4-15 temporary board of directors shall have placed on the ballot the 4-16 name of any candidate filing for an initial director's position and 4-17 blank spaces to write in the names of other persons. A temporary 4-18 director who is qualified to be a candidate under Section 8 of this 4-19 Act may file for an initial director's position. 4-20 (c) If the district is created at the election, the 4-21 temporary board of directors, at the time the vote is canvassed, 4-22 shall: 4-23 (1) declare the qualified person who receives the most 4-24 votes for each position to be elected as the initial director for 4-25 that position; and 4-26 (2) include the results of the initial directors' 4-27 election in the district's election report to the Texas Natural 5-1 Resource Conservation Commission. 5-2 (d) Section 41.001(a), Election Code, does not apply to a 5-3 confirmation and initial directors' election held as provided by 5-4 this section. 5-5 (e) Except as provided by this section, a confirmation and 5-6 initial directors' election must be conducted as provided by 5-7 Sections 36.017(b)-(h), Water Code, and the Election Code. 5-8 (f) If the initial confirmation election fails to confirm 5-9 the district, the temporary board of directors may hold additional 5-10 confirmation elections as it deems necessary no less than one year 5-11 apart and in accordance with other provisions of this section. 5-12 (g) If the creation of the district is not confirmed at a 5-13 confirmation election held under this section before the fourth 5-14 anniversary of the effective date of this Act, this Act expires on 5-15 that date. 5-16 SECTION 10. ELECTION OF DIRECTORS. (a) On the first 5-17 Saturday in May of the first even-numbered year after the year in 5-18 which the district is authorized to be created at a confirmation 5-19 election, an election shall be held in the district for the 5-20 election of directors for Precincts 1 and 3 to serve two-year terms 5-21 and directors for Precincts 2 and 4 and for the district at large 5-22 to serve four-year terms. 5-23 (b) On the first Saturday in May of each subsequent second 5-24 year following the election, the appropriate number of directors 5-25 shall be elected. 5-26 SECTION 11. DISTRICT REVENUES. To pay for the maintenance 5-27 and operating costs of the district, the district may: 6-1 (1) impose an ad valorem tax at a rate not to exceed 6-2 five cents for each $100 of taxable value of property in the 6-3 district; 6-4 (2) assess general production fees; 6-5 (3) solicit and accept grants from any public or 6-6 private source; and 6-7 (4) assess a transfer fee on water exported from the 6-8 district. 6-9 SECTION 12. STATUTORY INTERPRETATION. Except as otherwise 6-10 provided by this Act, if there is a conflict between this Act and 6-11 Chapter 36 or 49, Water Code, this Act controls. If there is a 6-12 conflict between Chapters 36 and 49, Water Code, Chapter 36 6-13 controls. 6-14 SECTION 13. CHANGE OF DISTRICT NAME. The board of directors 6-15 may change the district's name when the district annexes territory. 6-16 SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 6-17 (a) The proper and legal notice of the intention to introduce this 6-18 Act, setting forth the general substance of this Act, has been 6-19 published as provided by law, and the notice and a copy of this Act 6-20 have been furnished to all persons, agencies, officials, or 6-21 entities to which they are required to be furnished by the 6-22 constitution and other laws of this state, including the governor, 6-23 who has submitted the notice and Act to the Texas Natural Resource 6-24 Conservation Commission. 6-25 (b) The Texas Natural Resource Conservation Commission has 6-26 filed its recommendations relating to this Act with the governor, 6-27 lieutenant governor, and speaker of the house of representatives 7-1 within the required time. 7-2 (c) All requirements of the constitution and laws of this 7-3 state and the rules and procedures of the legislature with respect 7-4 to the notice, introduction, and passage of this Act are fulfilled 7-5 and accomplished. 7-6 SECTION 15. EFFECTIVE DATE. This Act takes effect immediately 7-7 if it receives a vote of two-thirds of all the members elected to 7-8 each house, as provided by Section 39, Article III, Texas 7-9 Constitution. If this Act does not receive the vote necessary for 7-10 immediate effect, this Act takes effect September 1, 2001. 7-11 COMMITTEE AMENDMENT NO. 1 7-12 Amend H.B. 3642 as follows: 7-13 (a) On page 3, line 26, insert "of the district" after the 7-14 word "election" and before the word "after". 7-15 (b) On page 5, line 17, strike "first even-numbered" and 7-16 insert "second". 7-17 Counts