By Morrison H.B. No. 3652 77R9078 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 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 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 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. 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 Lavaca County and must be at least 2-20 18 years of age. 2-21 (b) A person who is an elected director from a county 2-22 commissioners precinct must be a resident of that precinct. 2-23 (c) Each director must qualify to serve as director in the 2-24 manner provided by Section 36.055, Water Code. 2-25 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 2-26 directors is composed of: 2-27 (1) Precinct 1--Sylva Schneider; 3-1 (2) Precinct 2--Bob Weiss; 3-2 (3) Precinct 3--Ervin Chumchal; 3-3 (4) Precinct 4--Gladney Harrell; and 3-4 (5) At large--Otto R. (Jimmy) Borchers. 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 three qualified temporary directors, the 3-10 Lavaca 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 Lavaca 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 for Precinct 1 or 3 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 Precincts 1 and 3. An initial director for Precinct 2 or 4 or the 4-26 at-large position serves a term that expires on the date of the 4-27 first regular meeting of the board held after the date of the first 5-1 regular directors' election for Precincts 2 and 4 and for the 5-2 at-large position. 5-3 (c) If an elected director does not satisfy the requirements 5-4 of Section 6 of this Act at the first regular meeting of the board 5-5 held after the date of the director's election, the previous 5-6 director for that precinct continues to serve until a successor is 5-7 appointed and qualifies. 5-8 SECTION 10. BOARD OF DIRECTORS. (a) The district is 5-9 governed by a board of five directors. 5-10 (b) The board shall select from its members a presiding 5-11 officer, assistant presiding officer, and secretary. 5-12 (c) One director shall be elected from each county 5-13 commissioners precinct in Lavaca County by the voters of that 5-14 precinct, and one director shall be elected from Lavaca County at 5-15 large by the voters of the district. 5-16 SECTION 11. TERM OF OFFICE. (a) Except for a temporary or 5-17 initial director of the district, a director serves a four-year 5-18 term. 5-19 (b) If a vacancy occurs on the board, the remaining board 5-20 members shall appoint a person to fill the vacancy. 5-21 (c) A director appointed to fill a vacancy serves for the 5-22 unexpired portion of the term. 5-23 SECTION 12. ELECTION OF REGULAR DIRECTORS. (a) Beginning 5-24 in the second year following the confirmation election under 5-25 Section 8 of this Act, an election shall be held on the first 5-26 uniform election date in May every two years to elect the 5-27 appropriate number of directors to the board. At the first 6-1 election, directors for Precincts 1 and 3 shall be elected. At the 6-2 next election, directors for Precincts 2 and 4 and the at-large 6-3 director shall be elected. 6-4 (b) At the first election after the county commissioners 6-5 precincts are redrawn under Section 18, Article V, Texas 6-6 Constitution, four new directors shall be elected to represent the 6-7 precincts. The directors for Precincts 1 and 3 shall be elected 6-8 for two-year terms. The directors for Precincts 2 and 4 shall be 6-9 elected for four-year terms. 6-10 SECTION 13. LIMITATION ON TAXATION. The district may not 6-11 impose an ad valorem tax at a rate that exceeds five cents on each 6-12 $100 valuation of taxable property in the district. 6-13 SECTION 14. CHANGE OF DISTRICT NAME. The board may change 6-14 the district's name if the district annexes territory. 6-15 SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 6-16 (a) The proper and legal notice of the intention to introduce this 6-17 Act, setting forth the general substance of this Act, has been 6-18 published as provided by law, and the notice and a copy of this Act 6-19 have been furnished to all persons, agencies, officials, or 6-20 entities to which they are required to be furnished by the 6-21 constitution and other laws of this state, including the governor, 6-22 who has submitted the notice and Act to the Texas Natural Resource 6-23 Conservation Commission. 6-24 (b) The Texas Natural Resource Conservation Commission has 6-25 filed its recommendations relating to this Act with the governor, 6-26 lieutenant governor, and speaker of the house of representatives 6-27 within the required time. 7-1 (c) All requirements of the constitution and laws of this 7-2 state and the rules and procedures of the legislature with respect 7-3 to the notice, introduction, and passage of this Act are fulfilled 7-4 and accomplished. 7-5 SECTION 16. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 7-6 takes effect September 1, 2001. 7-7 (b) If the creation of the district is not confirmed at a 7-8 confirmation election held under Section 8 of this Act before 7-9 September 1, 2006, this Act expires on that date.