By Counts H.B. No. 3659 77R9390 QS-D 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 after the county commissioners 4-20 precincts are redrawn under Section 18, Article V, Texas 4-21 Constitution, eight new directors shall be elected to represent the 4-22 precincts. The directors elected shall draw lots to determine 4-23 which director from each precinct serves a two-year term and which 4-24 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 first even-numbered year after the year in 5-16 which the district is authorized to be created at a confirmation 5-17 election, an election shall be held in the district for the 5-18 election of: 5-19 (1) the at-large director and the director from each 5-20 precinct representing an incorporated area of the precinct to serve 5-21 four-year terms; and 5-22 (2) one director from each precinct representing an 5-23 unincorporated area of the precinct to serve two-year terms. 5-24 (b) On the first Saturday in May of each subsequent second 5-25 year following the election, the appropriate number of directors 5-26 shall be elected. 5-27 SECTION 12. DISTRICT REVENUES. The board may impose taxes 6-1 annually to pay the maintenance and operating expenses of the 6-2 district at a rate not to exceed three cents on each $100 of 6-3 assessed valuation. 6-4 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a) 6-5 The proper and legal notice of the intention to introduce this Act, 6-6 setting forth the general substance of this Act, has been published 6-7 as provided by law, and the notice and a copy of this Act have been 6-8 furnished to all persons, agencies, officials, or entities to which 6-9 they are required to be furnished by the constitution and other 6-10 laws of this state, including the governor, who has submitted the 6-11 notice and Act to the Texas Natural Resource Conservation 6-12 Commission. 6-13 (b) The Texas Natural Resource Conservation Commission has 6-14 filed its recommendations relating to this Act with the governor, 6-15 lieutenant governor, and speaker of the house of representatives 6-16 within the required time. 6-17 (c) All requirements of the constitution and laws of this 6-18 state and the rules and procedures of the legislature with respect 6-19 to the notice, introduction, and passage of this Act are fulfilled 6-20 and accomplished. 6-21 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 6-22 takes effect September 1, 2001. 6-23 (b) If the creation of this district is not confirmed at a 6-24 confirmation election held under Section 10 of this Act before 6-25 September 1, 2003, this Act expires on that date. 6-26 COMMITTEE AMENDMENT NO. 1 6-27 Amend H.B. 3659 as follows: 7-1 (a) On page 4, line 19, insert "of the district" after the 7-2 word "election" and before the word "after". 7-3 (b) On page 5, line 15, strike "first even-numbered" and 7-4 insert "second". 7-5 Counts