1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 operation, and financing of the Lavaca 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 Lavaca County Groundwater Conservation 1-8 District, is created in Lavaca 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. DEFINITIONS. In this Act: 1-15 (1) "Board" means the board of directors of the Lavaca 1-16 County Groundwater Conservation District. 1-17 (2) "District" means the Lavaca County Groundwater 1-18 Conservation District. 1-19 SECTION 3. BOUNDARIES. The boundaries of the district are 1-20 coextensive with the boundaries of Lavaca 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 2-4 provided 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. REGIONAL COOPERATION. (a) In recognition of the 2-18 need for uniform regional monitoring and regulation of common, 2-19 scientifically recognized groundwater sources, and within 2-20 designated management areas, the district shall establish rules: 2-21 (1) requiring the permitting of all water wells that 2-22 are: 2-23 (A) not exempted from permitting by Chapter 36, 2-24 Water Code; and 2-25 (B) capable of producing in excess of 25,000 2-26 gallons per day; 2-27 (2) providing for the prevention of waste, as defined 3-1 by Section 36.001, Water Code; 3-2 (3) providing for timely capping or plugging of 3-3 abandoned wells; and 3-4 (4) requiring reports to be filed with the district on 3-5 all new, nonexempt water wells. 3-6 (b) Reports required under Subsection (a)(4) must include 3-7 the driller's log, a description of the casing and pumping 3-8 equipment installed, the capacity of the well so equipped, and the 3-9 intended use of the water. 3-10 (c) To further regional continuity, the district shall: 3-11 (1) seek to participate in at least one coordination 3-12 meeting annually with each adjacent district that shares an aquifer 3-13 with the district; 3-14 (2) coordinate the collection of data with adjacent 3-15 districts in a manner designed to achieve uniformity of data 3-16 quality; 3-17 (3) coordinate efforts to monitor water quality with 3-18 adjacent districts, local governments, and state agencies; 3-19 (4) investigate any groundwater pollution with the 3-20 intention of locating its source and report its findings to 3-21 adjacent districts and appropriate state agencies; 3-22 (5) provide to adjacent districts annually an 3-23 inventory of new water wells in the district and an estimate of 3-24 groundwater production within the district; and 3-25 (6) include adjacent districts on the mailing lists 3-26 for district newsletters, seminars, public education events, news 3-27 articles, and field days. 4-1 SECTION 7. DIRECTOR REQUIREMENTS. (a) To be eligible to 4-2 serve as a temporary, initial, or regular director of the district, 4-3 a person must be a resident of Lavaca County and must be at least 4-4 18 years of age. 4-5 (b) A person who is an elected director from a county 4-6 commissioners precinct must be a resident of that precinct. 4-7 (c) Each director must qualify to serve as director in the 4-8 manner provided by Section 36.055, Water Code. 4-9 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of 4-10 directors is composed of: 4-11 (1) Precinct 1--Sylva Schneider; 4-12 (2) Precinct 2--Bob Weiss; 4-13 (3) Precinct 3--Ervin Chumchal; 4-14 (4) Precinct 4--Gladney Harrell; and 4-15 (5) At large--Otto R. (Jimmy) Borchers. 4-16 (b) If a temporary director fails to satisfy the 4-17 requirements of Section 7 of this Act or if a vacancy occurs in the 4-18 office of temporary director, the temporary directors who have 4-19 qualified shall appoint a person to fill the vacancy. If at any 4-20 time there are fewer than three qualified temporary directors, the 4-21 Lavaca County Commissioners Court shall appoint the necessary 4-22 number of persons to fill all vacancies on the temporary board. 4-23 (c) The temporary board shall select from its members 4-24 persons to serve as presiding officer, assistant presiding officer, 4-25 and secretary. 4-26 (d) The temporary directors shall serve as temporary 4-27 directors until they declare the district created after a 5-1 confirmation election under Section 9 of this Act. 5-2 SECTION 9. CONFIRMATION ELECTION. (a) The temporary board 5-3 shall call and hold an election to be held not later than December 5-4 31, 2001, to confirm establishment of the district. 5-5 (b) Section 41.001(a), Election Code, does not apply to an 5-6 election held as provided by this section. 5-7 (c) The ballot for the election shall be printed to provide 5-8 for voting for or against propositions on: 5-9 (1) the confirmation of the Lavaca County Groundwater 5-10 Conservation District; and 5-11 (2) the levy and collection of a property tax in the 5-12 district. 5-13 (d) The temporary board may include on the ballot other 5-14 propositions the board considers necessary. 5-15 (e) Except as provided by this section, a confirmation 5-16 election shall be conducted as provided by Sections 36.017(b)-(h), 5-17 Water Code, and the Election Code. 5-18 (f) If a majority of votes cast at the election favor the 5-19 confirmation of the district, the temporary board shall declare the 5-20 district confirmed. If a majority of the votes cast at the 5-21 election are against the confirmation of the district, the 5-22 temporary board shall declare the district defeated. The temporary 5-23 board shall file a copy of the election results with the Texas 5-24 Natural Resource Conservation Commission. 5-25 (g) If establishment of the district is not confirmed, the 5-26 temporary board may call and hold additional confirmation 5-27 elections. A confirmation election may not be held before the 6-1 first anniversary of the date of the previous confirmation 6-2 election. 6-3 SECTION 10. INITIAL DIRECTORS. (a) On confirmation of 6-4 establishment of the district under Section 9 of this Act, the 6-5 temporary directors become the initial directors of the district. 6-6 (b) An initial director for Precinct 1 or 3 serves a term 6-7 that expires on the date of the first regular meeting of the board 6-8 held after the date of the first regular directors' election for 6-9 Precincts 1 and 3. An initial director for Precinct 2 or 4 or the 6-10 at-large position serves a term that expires on the date of the 6-11 first regular meeting of the board held after the date of the first 6-12 regular directors' election for Precincts 2 and 4 and for the 6-13 at-large position. 6-14 (c) If an elected director does not satisfy the requirements 6-15 of Section 7 of this Act at the first regular meeting of the board 6-16 held after the date of the director's election, the previous 6-17 director for that precinct continues to serve until a successor is 6-18 appointed and qualifies. 6-19 SECTION 11. BOARD OF DIRECTORS. (a) The district is 6-20 governed by a board of five directors. 6-21 (b) The board shall select from its members a presiding 6-22 officer, assistant presiding officer, and secretary. 6-23 (c) One director shall be elected from each county 6-24 commissioners precinct in Lavaca County by the voters of that 6-25 precinct, and one director shall be elected from Lavaca County at 6-26 large by the voters of the district. 6-27 SECTION 12. TERM OF OFFICE. (a) Except for a temporary or 7-1 initial director of the district, a director serves a four-year 7-2 term. 7-3 (b) If a vacancy occurs on the board, the remaining board 7-4 members shall appoint a person to fill the vacancy. 7-5 (c) A director appointed to fill a vacancy serves for the 7-6 unexpired portion of the term. 7-7 SECTION 13. ELECTION OF REGULAR DIRECTORS. (a) Beginning 7-8 in the second year following the confirmation election under 7-9 Section 9 of this Act, an election shall be held on the first 7-10 uniform election date in May every two years to elect the 7-11 appropriate number of directors to the board. At the first 7-12 election, directors for Precincts 1 and 3 shall be elected. At the 7-13 next election, directors for Precincts 2 and 4 and the at-large 7-14 director shall be elected. 7-15 (b) At the first election after the county commissioners 7-16 precincts are redrawn under Section 18, Article V, Texas 7-17 Constitution, four new directors shall be elected to represent the 7-18 precincts. The directors for Precincts 1 and 3 shall be elected 7-19 for two-year terms. The directors for Precincts 2 and 4 shall be 7-20 elected for four-year terms. 7-21 SECTION 14. LIMITATION ON TAXATION. The district may not 7-22 impose an ad valorem tax at a rate that exceeds five cents on each 7-23 $100 valuation of taxable property in the district. 7-24 SECTION 15. CHANGE OF DISTRICT NAME. The board may change 7-25 the district's name if the district annexes territory. 7-26 SECTION 16. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 7-27 (a) The proper and legal notice of the intention to introduce this 8-1 Act, setting forth the general substance of this Act, has been 8-2 published as provided by law, and the notice and a copy of this Act 8-3 have been furnished to all persons, agencies, officials, or 8-4 entities to which they are required to be furnished by the 8-5 constitution and other laws of this state, including the governor, 8-6 who has submitted the notice and Act to the Texas Natural Resource 8-7 Conservation Commission. 8-8 (b) The Texas Natural Resource Conservation Commission has 8-9 filed its recommendations relating to this Act with the governor, 8-10 lieutenant governor, and speaker of the house of representatives 8-11 within the required time. 8-12 (c) All requirements of the constitution and laws of this 8-13 state and the rules and procedures of the legislature with respect 8-14 to the notice, introduction, and passage of this Act are fulfilled 8-15 and accomplished. 8-16 SECTION 17. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 8-17 takes effect September 1, 2001. 8-18 (b) If the creation of the district is not confirmed at a 8-19 confirmation election held under Section 9 of this Act before 8-20 September 1, 2006, this Act expires on that date. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3652 was passed by the House on April 27, 2001, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 3652 on May 25, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 3652 was passed by the Senate, with amendments, on May 17, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor