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.