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