By Morrison H.B. No. 3651 77R9278 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 Goliad County Groundwater 1-4 Conservation District. 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 Goliad County Groundwater Conservation 1-8 District, is created in Goliad County, subject to approval at a 1-9 confirmation election under Section 8 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. DEFINITIONS. In this Act: 1-15 (1) "Board" means the board of directors of the Goliad 1-16 County Groundwater Conservation District. 1-17 (2) "District" means the Goliad County Groundwater 1-18 Conservation District. 1-19 SECTION 3. BOUNDARIES. The boundaries of the district are 1-20 coextensive with the boundaries of Goliad County, Texas. 1-21 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-22 property included within the boundaries of the district will be 1-23 benefited by the works and projects that are to be accomplished by 1-24 the district under powers conferred by Section 59, Article XVI, 2-1 Texas Constitution. The district is created to serve a public use 2-2 and benefit. 2-3 SECTION 5. GENERAL POWERS. (a) Except as otherwise provided 2-4 by this Act, the district has all of the rights, powers, 2-5 privileges, authority, functions, and duties provided by the 2-6 general law of this state, including Chapter 36, Water Code, 2-7 applicable to groundwater conservation districts created under 2-8 Section 59, Article XVI, Texas Constitution. This Act prevails 2-9 over any provision of general law that is in conflict with or 2-10 inconsistent with this Act. 2-11 (b) Notwithstanding Subsection (a) of this section, the 2-12 following provisions prevail over a conflicting or inconsistent 2-13 provision of this Act: 2-14 (1) Sections 36.1071-36.108, Water Code; 2-15 (2) Sections 36.159-36.161, Water Code; and 2-16 (3) Subchapter I, Chapter 36, Water Code. 2-17 SECTION 6. DIRECTOR REQUIREMENTS. (a) To be eligible to 2-18 serve as a temporary, initial, or regular director of the district, 2-19 a person must be a resident of Goliad County and must be at least 2-20 18 years of age. 2-21 (b) Each director must qualify to serve as director in the 2-22 manner provided by Section 36.055, Water Code. 2-23 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 2-24 directors is composed of: 2-25 (1) Place 1--Manuel Vela; 2-26 (2) Place 2--Joe Kozielski; 2-27 (3) Place 3--V. K. Malone; 3-1 (4) Place 4--John H. Drier; 3-2 (5) Place 5--Arthur L. Bluntzer; 3-3 (6) Place 6--Arthur Dohmann; and 3-4 (7) Place 7--Barbara Smith. 3-5 (b) If a temporary director fails to satisfy the 3-6 requirements of Section 6 of this Act or if a vacancy occurs in the 3-7 office of temporary director, the temporary directors who have 3-8 qualified shall appoint a person to fill the vacancy. If at any 3-9 time there are fewer than four qualified temporary directors, the 3-10 Goliad County Commissioners Court shall appoint the necessary 3-11 number of persons to fill all vacancies on the temporary board. 3-12 (c) The temporary board shall select from its members 3-13 persons to serve as presiding officer, assistant presiding officer, 3-14 and secretary. 3-15 (d) The temporary directors shall serve as temporary 3-16 directors until they declare the district created after a 3-17 confirmation election under Section 8 of this Act. 3-18 SECTION 8. CONFIRMATION ELECTION. (a) The temporary board 3-19 shall call and hold an election to be held not later than December 3-20 31, 2001, to confirm establishment of the district. 3-21 (b) Section 41.001(a), Election Code, does not apply to an 3-22 election held as provided by this section. 3-23 (c) The ballot for the election shall be printed to provide 3-24 for voting for or against propositions on: 3-25 (1) the confirmation of the Goliad County Groundwater 3-26 Conservation District; and 3-27 (2) the levy and collection of a property tax in the 4-1 district. 4-2 (d) The temporary board may include on the ballot other 4-3 propositions the board considers necessary. 4-4 (e) Except as provided by this section, a confirmation 4-5 election shall be conducted as provided by Sections 36.017(b)-(h), 4-6 Water Code, and the Election Code. 4-7 (f) If a majority of votes cast at the election favor the 4-8 confirmation of the district, the temporary board shall declare the 4-9 district confirmed. If a majority of the votes cast at the 4-10 election are against the confirmation of the district, the 4-11 temporary board shall declare the district defeated. The temporary 4-12 board shall file a copy of the election results with the Texas 4-13 Natural Resource Conservation Commission. 4-14 (g) If establishment of the district is not confirmed, the 4-15 temporary board may call and hold additional confirmation 4-16 elections. A confirmation election may not be held before the 4-17 first anniversary of the date of the previous confirmation 4-18 election. 4-19 SECTION 9. INITIAL DIRECTORS. (a) On confirmation of 4-20 establishment of the district under Section 8 of this Act, the 4-21 temporary directors become the initial directors of the district. 4-22 (b) An initial director in Place 1, 3, 5, or 7 serves a term 4-23 that expires on the date of the first regular meeting of the board 4-24 held after the date of the first regular directors' election for 4-25 Places 1, 3, 5, and 7. An initial director in Place 2, 4, or 6 4-26 serves a term that expires on the date of the first regular meeting 4-27 of the board held after the date of the first regular directors' 5-1 election for Places 2, 4, and 6. 5-2 (c) If an elected director does not satisfy the requirements 5-3 of Section 6 of this Act at the first regular meeting of the board 5-4 held after the date of the director's election, the previous 5-5 director for that place continues to serve until a successor is 5-6 appointed and qualifies. 5-7 SECTION 10. BOARD OF DIRECTORS. (a) The district is 5-8 governed by a board of seven directors. 5-9 (b) The board shall select from its members a presiding 5-10 officer, assistant presiding officer, and secretary. 5-11 (c) The members shall be elected from Goliad County at large 5-12 by the voters of the district. 5-13 SECTION 11. TERM OF OFFICE. (a) Except for a temporary or 5-14 initial director of the district, a director serves a four-year 5-15 term. 5-16 (b) If a vacancy occurs on the board, the remaining board 5-17 members shall appoint a person to fill the vacancy. 5-18 (c) A director appointed to fill a vacancy serves for the 5-19 unexpired portion of the term. 5-20 SECTION 12. ELECTION OF REGULAR DIRECTORS. Beginning in the 5-21 second year following the confirmation election under Section 8 of 5-22 this Act, an election shall be held on the first uniform election 5-23 date in May every two years to elect the appropriate number of 5-24 directors to the board. At the first election, directors for 5-25 Places 2, 4, and 6 shall be elected. At the next election, 5-26 directors for Places 1, 3, 5, and 7 shall be elected. 5-27 SECTION 13. LIMITATION ON TAXATION. The district may not 6-1 impose an ad valorem tax at a rate that exceeds five cents on each 6-2 $100 valuation of taxable property in the district. 6-3 SECTION 14. CHANGE OF DISTRICT NAME. The board may change 6-4 the district's name if the district annexes territory. 6-5 SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 6-6 (a) The proper and legal notice of the intention to introduce this 6-7 Act, setting forth the general substance of this Act, has been 6-8 published as provided by law, and the notice and a copy of this Act 6-9 have been furnished to all persons, agencies, officials, or 6-10 entities to which they are required to be furnished by the 6-11 constitution and other laws of this state, including the governor, 6-12 who has submitted the notice and Act to the Texas Natural Resource 6-13 Conservation Commission. 6-14 (b) The Texas Natural Resource Conservation Commission has 6-15 filed its recommendations relating to this Act with the governor, 6-16 lieutenant governor, and speaker of the house of representatives 6-17 within the required time. 6-18 (c) All requirements of the constitution and laws of this 6-19 state and the rules and procedures of the legislature with respect 6-20 to the notice, introduction, and passage of this Act are fulfilled 6-21 and accomplished. 6-22 SECTION 16. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 6-23 takes effect September 1, 2001. 6-24 (b) If the creation of the district is not confirmed at a 6-25 confirmation election held under Section 8 of this Act before 6-26 September 1, 2006, this Act expires on that date.