1-1     By:  Counts (Senate Sponsor - Haywood)                H.B. No. 3642
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 10, 2001, reported favorably by the
 1-5     following vote:  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 Lower Seymour Groundwater
1-10     Conservation District; authorizing a tax.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. CREATION. (a)  A groundwater conservation
1-13     district, to be known as the Lower Seymour Groundwater Conservation
1-14     District, is created in Jones County, subject to approval at a
1-15     confirmation election under Section 9 of this Act.  The district is
1-16     a governmental agency and a body politic and corporate.
1-17           (b)  The district is created under and is essential to
1-18     accomplish the purposes of Section 59, Article XVI, Texas
1-19     Constitution.
1-20           SECTION 2.  DEFINITION. In this Act, "district" means the
1-21     Lower Seymour Groundwater Conservation District.
1-22           SECTION 3.  BOUNDARIES. The boundaries of the district are
1-23     coextensive with the boundaries of Jones County, Texas.
1-24           SECTION 4.  FINDING OF BENEFIT. All of the land and other
1-25     property included within the boundaries of the district will be
1-26     benefited by the works and projects that are to be accomplished by
1-27     the district under powers conferred by Section 59, Article XVI,
1-28     Texas Constitution.  The district is created to serve a public use
1-29     and benefit.
1-30           SECTION 5.  POWERS. Except as provided by this Act, the
1-31     district has all of the rights, powers, privileges, authority,
1-32     functions, and duties provided by the general law of this state,
1-33     including Chapter 36, Water Code, applicable to groundwater
1-34     conservation districts created under Section 59, Article XVI, Texas
1-35     Constitution.  This Act prevails over any provision of general law
1-36     that is in conflict or inconsistent with this Act.
1-37           SECTION 6.  BOARD OF DIRECTORS. (a)  The district is governed
1-38     by a board of five directors.
1-39           (b)  Temporary directors serve until initial directors are
1-40     elected under Section 9 of this Act.
1-41           (c)  Initial directors serve until permanent directors are
1-42     elected under Section 10 of this Act.
1-43           (d)  Permanent directors serve staggered four-year terms.
1-44           (e)  Each director must qualify to serve as director in the
1-45     manner provided by Section 36.055, Water Code.
1-46           (f)  A director serves until the director's successor has
1-47     qualified.
1-48           (g)  A vacancy in the office of director shall be filled by
1-49     appointment of the board until the next election for directors. If
1-50     the position is not scheduled to be filled at the next election,
1-51     the person elected in that election to fill the position shall
1-52     serve only for the remainder of the unexpired term.
1-53           SECTION 7.  TEMPORARY DIRECTORS. (a)  The temporary board of
1-54     directors consists of:
1-55                 (1)  Dale Spurgin, at large;
1-56                 (2)  Larry Green, Precinct 1;
1-57                 (3)  Jackie Buske, Precinct 2;
1-58                 (4)  Vonay Davis, Precinct 3; and
1-59                 (5)  Jim Leonard, Precinct 4.
1-60           (b)  If a temporary director fails to qualify for office, the
1-61     temporary directors who have qualified shall appoint a person to
1-62     fill the vacancy.  If at any time there are fewer than three
1-63     qualified temporary directors, the Texas Natural Resource
1-64     Conservation Commission shall appoint the necessary number of
 2-1     persons to fill all vacancies on the board.
 2-2           SECTION 8.  METHOD OF ELECTING DIRECTORS. (a)  The directors
 2-3     of the district shall be elected according to the commissioners
 2-4     precinct method as provided by this section.
 2-5           (b)  One director shall be elected by the electors of the
 2-6     entire district, and one director shall be elected from each county
 2-7     commissioners precinct by the electors of that precinct.
 2-8           (c)  To be qualified to be a candidate for or to serve as
 2-9     director at large, a person must be a registered voter in the
2-10     district.  To be a candidate for or to serve as director from a
2-11     county commissioners precinct,  a person must be a registered voter
2-12     of that precinct.
2-13           (d)  A person shall indicate on the application for a place
2-14     on the ballot:
2-15                 (1)  the precinct that the person seeks to represent;
2-16     or
2-17                 (2)  that the person seeks to represent the district at
2-18     large.
2-19           (e)  At the first election of the district after the county
2-20     commissioners precincts are redrawn under Section 18, Article V,
2-21     Texas Constitution, four new directors shall be elected to
2-22     represent the precincts.  The directors elected shall draw lots to
2-23     determine which two directors serve two-year terms and which two
2-24     directors serve four-year terms.
2-25           SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
2-26     The temporary board of directors shall call and hold an election to
2-27     confirm establishment of the district, to confirm the district's
2-28     taxing authority, and to elect initial directors.  The initial
2-29     confirmation election must be held:
2-30                 (1)  before the second anniversary of the effective
2-31     date of this Act; and
2-32                 (2)  concurrently with another election held by a
2-33     political subdivision.
2-34           (b)  At the confirmation and initial directors' election, the
2-35     temporary board of directors shall have placed on the ballot the
2-36     name of any candidate filing for an initial director's position and
2-37     blank spaces to write in the names of other persons.  A temporary
2-38     director who is qualified to be a candidate under Section 8 of this
2-39     Act may file for an initial director's position.
2-40           (c)  If the district is created at the election, the
2-41     temporary board of directors, at the time the vote is canvassed,
2-42     shall:
2-43                 (1)  declare the qualified person who receives the most
2-44     votes for each position to be elected as the initial director for
2-45     that position; and
2-46                 (2)  include the results of the initial directors'
2-47     election in the district's election report to the Texas Natural
2-48     Resource Conservation Commission.
2-49           (d)  Section 41.001(a), Election Code, does not apply to a
2-50     confirmation and initial directors' election held as provided by
2-51     this section.
2-52           (e)  Except as provided by this section, a confirmation and
2-53     initial directors' election must be conducted as provided by
2-54     Sections 36.017(b)-(h), Water Code, and the Election Code.
2-55           (f)  If the initial confirmation election fails to confirm
2-56     the district, the temporary board of directors may hold additional
2-57     confirmation elections as it deems necessary no less than one year
2-58     apart and in accordance with other provisions of this section.
2-59           (g)  If the creation of the district is not confirmed at a
2-60     confirmation election held under this section before the fourth
2-61     anniversary of the effective date of this Act, this Act expires on
2-62     that date.
2-63           SECTION 10.  ELECTION OF DIRECTORS. (a)  On the first
2-64     Saturday in May of the second year after the year in which the
2-65     district is authorized to be created at a confirmation election, an
2-66     election shall be held in the district for the election of
2-67     directors for Precincts 1 and 3 to serve two-year terms and
2-68     directors for Precincts 2 and 4 and for the district at large to
2-69     serve four-year terms.
 3-1           (b)  On the first Saturday in May of each subsequent second
 3-2     year following the election, the appropriate number of directors
 3-3     shall be elected.
 3-4           SECTION 11.  DISTRICT REVENUES.  To pay for the maintenance
 3-5     and operating costs of the district, the district may:
 3-6                 (1)  impose an ad valorem tax at a rate not to exceed
 3-7     five cents for each $100 of taxable value of property in the
 3-8     district;
 3-9                 (2)  assess general production fees;
3-10                 (3)  solicit and accept grants from any public or
3-11     private source; and
3-12                 (4)  assess a transfer fee on water exported from the
3-13     district.
3-14           SECTION 12.  STATUTORY INTERPRETATION. Except as otherwise
3-15     provided by this Act, if there is a conflict between this Act and
3-16     Chapter 36 or 49, Water Code, this Act controls.  If there is a
3-17     conflict between Chapters 36 and 49, Water Code, Chapter 36
3-18     controls.
3-19           SECTION 13.  CHANGE OF DISTRICT NAME. The board of directors
3-20     may change the district's name when the district annexes territory.
3-21           SECTION 14.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-22     (a)  The proper and legal notice of the intention to introduce this
3-23     Act, setting forth the general substance of this Act, has been
3-24     published as provided by law, and the notice and a copy of this Act
3-25     have been furnished to all persons, agencies, officials, or
3-26     entities to which they are required to be furnished by the
3-27     constitution and other laws of this state, including the governor,
3-28     who has submitted the notice and Act to the Texas Natural Resource
3-29     Conservation Commission.
3-30           (b)  The Texas Natural Resource Conservation Commission has
3-31     filed its recommendations relating to this Act with the governor,
3-32     lieutenant governor, and speaker of the house of representatives
3-33     within the required time.
3-34           (c)  All requirements of the constitution and laws of this
3-35     state and the rules and procedures of the legislature with respect
3-36     to the notice, introduction, and passage of this Act are fulfilled
3-37     and accomplished.
3-38           SECTION 15. EFFECTIVE DATE. This Act takes effect immediately
3-39     if it receives a vote of two-thirds of all the members elected to
3-40     each house, as provided by Section 39, Article III, Texas
3-41     Constitution.  If this Act does not receive the vote necessary for
3-42     immediate effect, this Act takes effect September 1, 2001.
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