By Counts H.B. No. 3659
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 Wes-Tex Groundwater Conservation
1-4 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 Wes-Tex Groundwater Conservation
1-8 District, is created in Nolan County, subject to approval at a
1-9 confirmation election under Section 10 of this Act. The district
1-10 is 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. DEFINITION. In this Act, "district" means the
1-15 Wes-Tex Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Nolan County.
1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-19 property included within the boundaries of the district will be
1-20 benefited by the works and projects that are to be accomplished by
1-21 the district under powers conferred by Section 59, Article XVI,
1-22 Texas Constitution. The district is created to serve a public use
1-23 and benefit.
1-24 SECTION 5. GENERAL POWERS. (a) The district has all of the
2-1 rights, powers, privileges, authority, functions, and duties
2-2 provided by the general law of this state, including Chapter 36,
2-3 Water Code, applicable to groundwater conservation districts
2-4 created under Section 59, Article XVI, Texas Constitution. This
2-5 Act prevails over any provision of general law that is in conflict
2-6 or inconsistent with this Act.
2-7 (b) Notwithstanding Subsection (a), the following provisions
2-8 prevail over a conflicting or inconsistent provision of this Act:
2-9 (1) Sections 36.1071-36.108, Water Code;
2-10 (2) Sections 36.159-36.161, Water Code; and
2-11 (3) Subchapter I, Chapter 36, Water Code.
2-12 SECTION 6. LIMITATION ON POWERS. Notwithstanding Section 5,
2-13 the district does not have the power to:
2-14 (1) acquire land;
2-15 (2) purchase, sell, transport, or distribute surface
2-16 water or groundwater;
2-17 (3) issue bonds; or
2-18 (4) exercise eminent domain authority.
2-19 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
2-20 by a board of nine directors that consists of one at-large director
2-21 and two directors from each county commissioners precinct. One
2-22 director from each precinct must reside in an incorporated area of
2-23 the precinct and one director from each precinct must reside in an
2-24 unincorporated area of the precinct.
2-25 (b) Temporary directors serve until initial directors are
2-26 elected under Section 10 of this Act.
2-27 (c) Initial directors serve until permanent directors are
3-1 elected under Section 11 of this Act.
3-2 (d) Permanent directors serve staggered four-year terms with
3-3 four or five members' terms expiring in each even-numbered year.
3-4 (e) Each director must qualify to serve as director in the
3-5 manner provided by Section 36.055, Water Code.
3-6 (f) A director serves until the director's successor has
3-7 qualified.
3-8 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-9 directors consists of:
3-10 (1) John Adams;
3-11 (2) Jim Boston;
3-12 (3) J. B. Cooper;
3-13 (4) Mike Ensminger; and
3-14 (5) Glenn Wortham.
3-15 (b) If a temporary director fails to qualify for office, the
3-16 temporary directors who have qualified shall appoint a person to
3-17 fill the vacancy. If at any time there are fewer than three
3-18 qualified temporary directors, the Texas Natural Resource
3-19 Conservation Commission shall appoint the necessary number of
3-20 persons to fill all vacancies on the board.
3-21 SECTION 9. METHOD OF ELECTING DIRECTORS. (a) The directors
3-22 of the district shall be elected according to the commissioners
3-23 precinct method as provided by this section.
3-24 (b) One director shall be elected by the voters of the
3-25 entire district, and two directors shall be elected from each
3-26 county commissioners precinct by the voters of that precinct. Of
3-27 the two directors elected from each precinct, one must reside
4-1 inside an incorporated area and one must reside outside an
4-2 incorporated area.
4-3 (c) To be qualified to be a candidate for or to serve as
4-4 director at large, a person must reside in and be a registered
4-5 voter in the district. To be a candidate for or to serve as
4-6 director from an incorporated area of a county commissioners
4-7 precinct, a person must reside in an incorporated area of and be a
4-8 registered voter of that precinct. To be a candidate for or to
4-9 serve as director from an unincorporated area of a county
4-10 commissioners precinct, a person must reside in an unincorporated
4-11 area of and be a registered voter of that precinct.
4-12 (d) A person shall indicate on the application for a place
4-13 on the ballot:
4-14 (1) the precinct that the person seeks to represent
4-15 and whether that person resides in an incorporated or in an
4-16 unincorporated area; or
4-17 (2) that the person seeks to represent the district at
4-18 large.
4-19 (e) At the first election of the district after the county
4-20 commissioners precincts are redrawn under Section 18, Article V,
4-21 Texas Constitution, eight new directors shall be elected to
4-22 represent the precincts. The directors elected shall draw lots to
4-23 determine which director from each precinct serves a two-year term
4-24 and which director from each precinct serves a four-year term.
4-25 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-26 (a) The temporary board of directors shall call and hold an
4-27 election to confirm the establishment of the district and to elect
5-1 initial directors.
5-2 (b) At the confirmation and initial directors' election, the
5-3 temporary board of directors shall have placed on the ballot the
5-4 name of any candidate filing for an initial director's position and
5-5 blank spaces to write in the names of other persons. A temporary
5-6 director who is qualified to be a candidate under Section 9 may
5-7 file for an initial director's position.
5-8 (c) Section 41.001(a), Election Code, does not apply to a
5-9 confirmation and initial directors' election held as provided by
5-10 this section.
5-11 (d) Except as provided by this section, a confirmation and
5-12 initial directors' election must be held as provided by Sections
5-13 36.017(b)-(h), Water Code, and the Election Code.
5-14 SECTION 11. ELECTION OF DIRECTORS. (a) On the first
5-15 Saturday in May of the second year after the year in which the
5-16 district is authorized to be created at a confirmation election, an
5-17 election shall be held in the district for the election of:
5-18 (1) the at-large director and the director from each
5-19 precinct representing an incorporated area of the precinct to serve
5-20 four-year terms; and
5-21 (2) one director from each precinct representing an
5-22 unincorporated area of the precinct to serve two-year terms.
5-23 (b) On the first Saturday in May of each subsequent second
5-24 year following the election, the appropriate number of directors
5-25 shall be elected.
5-26 SECTION 12. DISTRICT REVENUES. The board may impose taxes
5-27 annually to pay the maintenance and operating expenses of the
6-1 district at a rate not to exceed three cents on each $100 of
6-2 assessed valuation.
6-3 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a)
6-4 The proper and legal notice of the intention to introduce this Act,
6-5 setting forth the general substance of this Act, has been published
6-6 as provided by law, and the notice and a copy of this Act have been
6-7 furnished to all persons, agencies, officials, or entities to which
6-8 they are required to be furnished by the constitution and other
6-9 laws of this state, including the governor, who has submitted the
6-10 notice and Act to the Texas Natural Resource Conservation
6-11 Commission.
6-12 (b) The Texas Natural Resource Conservation Commission has
6-13 filed its recommendations relating to this Act with the governor,
6-14 lieutenant governor, and speaker of the house of representatives
6-15 within the required time.
6-16 (c) All requirements of the constitution and laws of this
6-17 state and the rules and procedures of the legislature with respect
6-18 to the notice, introduction, and passage of this Act are fulfilled
6-19 and accomplished.
6-20 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
6-21 takes effect September 1, 2001.
6-22 (b) If the creation of this district is not confirmed at a
6-23 confirmation election held under Section 10 of this Act before
6-24 September 1, 2003, this Act expires on that date.