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.