1-1     By:  Morrison (Senate Sponsor - Armbrister)           H.B. No. 3652
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably, as amended, by the
 1-5     following vote:  Yeas 4, Nays 0; May 11, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                           By:  Barrientos
 1-7     Amend HB 3652
 1-8     By adding a new section on appropriate page, and line and
 1-9     renumbering subsequent sections.
1-10           SECTION___.  REGIONAL COOPERATION.  (a)  In recognition of
1-11     the need for uniform regional monitoring and regulation of common,
1-12     scientifically recognized groundwater sources, and within
1-13     designated management areas, the district shall establish rules:
1-14                 (1)  requiring the permitting of all water wells that
1-15     are:
1-16                       (A)  not exempted from permitting by Chapter 36,
1-17     Water Code; and
1-18                       (B)  capable of producing in excess of 25,000
1-19     gallons per day;
1-20                 (2)  providing for the prevention of waste, as defined
1-21     by Section 36.001, Water Code;
1-22                 (3)  providing for timely capping or plugging of
1-23     abandoned wells; and
1-24                 (4)  requiring reports to be filed with the district on
1-25     all new, nonexempt water wells.
1-26           (b)  Reports required under Subsection (a)(4) must include
1-27     the driller's log, a description of the casing and pumping
1-28     equipment installed, the capacity of the well so equipped, and the
1-29     intended use of the water.
1-30           (c)  To further regional continuity, the district shall:
1-31                 (1)  seek to participate in at least one coordination
1-32     meeting annually with each adjacent district that shares an aquifer
1-33     with the district;
1-34                 (2)  coordinate the collection of data with adjacent
1-35     districts in a manner designed to achieve uniformity of data
1-36     quality;
1-37                 (3)  coordinate efforts to monitor water quality with
1-38     adjacent districts, local governments, and state agencies;
1-39                 (4)  investigate any groundwater pollution with the
1-40     intention of locating its source and report its findings to
1-41     adjacent districts and appropriate state agencies;
1-42                 (5)  provide to adjacent districts annually an
1-43     inventory of new water wells in the district and an estimate of
1-44     groundwater production within the district; and
1-45                 (6)  include adjacent districts on the mailing lists
1-46     for district newsletters, seminars, public education events, news
1-47     articles, and field days.
1-48                            A BILL TO BE ENTITLED
1-49                                   AN ACT
1-50     relating to the creation, administration, powers, duties,
1-51     operation, and financing of the Lavaca County Groundwater
1-52     Conservation District.
1-53           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-54           SECTION 1.  CREATION.  (a)  A groundwater conservation
1-55     district, to be known as the Lavaca County Groundwater Conservation
1-56     District, is created in Lavaca County, subject to approval at a
1-57     confirmation election under Section 8 of this Act.  The district is
1-58     a governmental agency and a body politic and corporate.
1-59           (b)  The district is created under and is essential to
1-60     accomplish the purposes of Section 59, Article XVI, Texas
1-61     Constitution.
1-62           SECTION 2.  DEFINITIONS.  In this Act:
1-63                 (1)  "Board" means the board of directors of the Lavaca
 2-1     County Groundwater Conservation District.
 2-2                 (2)  "District" means the Lavaca County Groundwater
 2-3     Conservation District.
 2-4           SECTION 3.  BOUNDARIES.  The boundaries of the district are
 2-5     coextensive with the boundaries of Lavaca County, Texas.
 2-6           SECTION 4.  FINDING OF BENEFIT.  All of the land and other
 2-7     property included within the boundaries of the district will be
 2-8     benefited by the works and projects that are to be accomplished by
 2-9     the district under powers conferred by Section 59, Article XVI,
2-10     Texas Constitution. The district is created to serve a public use
2-11     and benefit.
2-12           SECTION 5.  GENERAL POWERS.  (a)  Except as otherwise
2-13     provided by this Act, the district has all of the rights, powers,
2-14     privileges, authority, functions, and duties provided by the
2-15     general law of this state, including Chapter 36, Water Code,
2-16     applicable to groundwater conservation districts created under
2-17     Section 59, Article XVI, Texas Constitution.  This Act prevails
2-18     over any provision of general law that is in conflict with or
2-19     inconsistent with this Act.
2-20           (b)  Notwithstanding Subsection (a) of this section, the
2-21     following provisions prevail over a conflicting or inconsistent
2-22     provision of this Act:
2-23                 (1)  Sections 36.1071-36.108, Water Code;
2-24                 (2)  Sections 36.159-36.161, Water Code; and
2-25                 (3)  Subchapter I, Chapter 36, Water Code.
2-26           SECTION 6.  DIRECTOR REQUIREMENTS.  (a)  To be eligible to
2-27     serve as a temporary, initial, or regular director of the district,
2-28     a person must be a resident of Lavaca County and must be at least
2-29     18 years of age.
2-30           (b)  A person who is an elected director from a county
2-31     commissioners precinct must be a resident of that precinct.
2-32           (c)  Each director must qualify to serve as director in the
2-33     manner provided by Section 36.055, Water Code.
2-34           SECTION 7.  TEMPORARY DIRECTORS.  (a)  The temporary board of
2-35     directors is composed of:
2-36                 (1)  Precinct 1--Sylva Schneider;
2-37                 (2)  Precinct 2--Bob Weiss;
2-38                 (3)  Precinct 3--Ervin Chumchal;
2-39                 (4)  Precinct 4--Gladney Harrell; and
2-40                 (5)  At large--Otto R. (Jimmy) Borchers.
2-41           (b)  If a temporary director fails to satisfy the
2-42     requirements of Section 6 of this Act or if a vacancy occurs in the
2-43     office of temporary director, the temporary directors who have
2-44     qualified shall appoint a person to fill the vacancy.  If at any
2-45     time there are fewer than three qualified temporary directors, the
2-46     Lavaca County Commissioners Court shall appoint the necessary
2-47     number of persons to fill all vacancies on the temporary board.
2-48           (c)  The temporary board shall select from its members
2-49     persons to serve as presiding officer, assistant presiding officer,
2-50     and secretary.
2-51           (d)  The temporary directors shall serve as temporary
2-52     directors until they declare the district created after a
2-53     confirmation election under Section 8 of this Act.
2-54           SECTION 8.  CONFIRMATION ELECTION.  (a)  The temporary board
2-55     shall call and hold an election to be held not later than December
2-56     31, 2001, to confirm establishment of the district.
2-57           (b)  Section 41.001(a), Election Code, does not apply to an
2-58     election held as provided by this section.
2-59           (c)  The ballot for the election shall be printed to provide
2-60     for voting for or against propositions on:
2-61                 (1)  the confirmation of the Lavaca County Groundwater
2-62     Conservation District; and
2-63                 (2)  the levy and collection of a property tax in the
2-64     district.
2-65           (d)  The temporary board may include on the ballot other
2-66     propositions the board considers necessary.
2-67           (e)  Except as provided by this section, a confirmation
2-68     election shall be conducted as provided by Sections 36.017(b)-(h),
2-69     Water Code, and the Election Code.
 3-1           (f)  If a majority of votes cast at the election favor the
 3-2     confirmation of the district, the temporary board shall declare the
 3-3     district confirmed.  If a majority of the votes cast at the
 3-4     election are against the confirmation of the district, the
 3-5     temporary board shall declare the district defeated.  The temporary
 3-6     board shall file a copy of the election results with the Texas
 3-7     Natural Resource Conservation Commission.
 3-8           (g)  If establishment of the district is not confirmed, the
 3-9     temporary board may call and hold additional confirmation
3-10     elections.  A confirmation election may not be held before the
3-11     first anniversary of the date of the previous confirmation
3-12     election.
3-13           SECTION 9.  INITIAL DIRECTORS.  (a)  On confirmation of
3-14     establishment of the district under Section 8 of this Act, the
3-15     temporary directors become the initial directors of the district.
3-16           (b)  An initial director for Precinct 1 or 3 serves a term
3-17     that expires on the date of the first regular meeting of the board
3-18     held after the date of the first regular directors' election for
3-19     Precincts 1 and 3.  An initial director for Precinct 2 or 4 or the
3-20     at-large position serves a term that expires on the date of the
3-21     first regular meeting of the board held after the date of the first
3-22     regular directors' election for Precincts 2 and 4 and for the
3-23     at-large position.
3-24           (c)  If an elected director does not satisfy the requirements
3-25     of Section 6 of this Act at the first regular meeting of the board
3-26     held after the date of the director's election, the previous
3-27     director for that precinct continues to serve until a successor is
3-28     appointed and qualifies.
3-29           SECTION 10.  BOARD OF DIRECTORS.  (a)  The district is
3-30     governed by a board of five directors.
3-31           (b)  The board shall select from its members a presiding
3-32     officer, assistant presiding officer, and secretary.
3-33           (c)  One director shall be elected from each county
3-34     commissioners precinct in Lavaca County by the voters of that
3-35     precinct, and one director shall be elected from Lavaca County at
3-36     large by the voters of the district.
3-37           SECTION 11.  TERM OF OFFICE.  (a)  Except for a temporary or
3-38     initial director of the district, a director serves a four-year
3-39     term.
3-40           (b)  If a vacancy occurs on the board, the remaining board
3-41     members shall appoint a person to fill the vacancy.
3-42           (c)  A director appointed to fill a vacancy serves for the
3-43     unexpired portion of the term.
3-44           SECTION 12.  ELECTION OF REGULAR DIRECTORS.  (a)  Beginning
3-45     in the second year following the confirmation election under
3-46     Section 8 of this Act, an election shall be held on the first
3-47     uniform election date in May every two years to elect the
3-48     appropriate number of directors to the board.  At the first
3-49     election, directors for Precincts 1 and 3 shall be elected.  At the
3-50     next election, directors for Precincts 2 and 4 and the at-large
3-51     director shall be elected.
3-52           (b)  At the first election after the county commissioners
3-53     precincts are redrawn under Section 18, Article V, Texas
3-54     Constitution, four new directors shall be elected to represent the
3-55     precincts.  The directors for Precincts 1 and 3 shall be elected
3-56     for two-year terms.  The directors for Precincts 2 and 4 shall be
3-57     elected for four-year terms.
3-58           SECTION 13.  LIMITATION ON TAXATION.  The district may not
3-59     impose an ad valorem tax at a rate that exceeds five cents on each
3-60     $100 valuation of taxable property in the district.
3-61           SECTION 14.  CHANGE OF DISTRICT NAME.  The board may change
3-62     the district's name if the district annexes territory.
3-63           SECTION 15.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
3-64     (a)  The proper and legal notice of the intention to introduce this
3-65     Act, setting forth the general substance of this Act, has been
3-66     published as provided by law, and the notice and a copy of this Act
3-67     have been furnished to all persons, agencies, officials, or
3-68     entities to which they are required to be furnished by the
3-69     constitution and other laws of this state, including the governor,
 4-1     who has submitted the notice and Act to the Texas Natural Resource
 4-2     Conservation Commission.
 4-3           (b)  The Texas Natural Resource Conservation Commission has
 4-4     filed its recommendations relating to this Act with the governor,
 4-5     lieutenant governor, and speaker of the house of representatives
 4-6     within the required time.
 4-7           (c)  All requirements of the constitution and laws of this
 4-8     state and the rules and procedures of the legislature with respect
 4-9     to the notice, introduction, and passage of this Act are fulfilled
4-10     and accomplished.
4-11           SECTION 16.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
4-12     takes effect September 1, 2001.
4-13           (b)  If the creation of the district is not confirmed at a
4-14     confirmation election held under Section 8 of this Act before
4-15     September 1, 2006, this Act expires on that date.
4-16                                  * * * * *