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