1-1     By:  Counts (Senate Sponsor - Fraser)                 H.B. No. 3659
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation, administration, powers, duties,
 1-9     operation, and financing of the Wes-Tex Groundwater Conservation
1-10     District.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. CREATION. (a)  A groundwater conservation
1-13     district, to be known as the Wes-Tex Groundwater Conservation
1-14     District, is created in Nolan County, subject to approval at a
1-15     confirmation election under Section 10 of this Act.  The district
1-16     is a governmental agency and a body politic and corporate.
1-17           (b)  The district is created under and is essential to
1-18     accomplish the purposes of Section 59, Article XVI, Texas
1-19     Constitution.
1-20           SECTION 2. DEFINITION.  In this Act, "district" means the
1-21     Wes-Tex Groundwater Conservation District.
1-22           SECTION 3. BOUNDARIES.  The boundaries of the district are
1-23     coextensive with the boundaries of Nolan County.
1-24           SECTION 4. FINDING OF BENEFIT.  All of the land and other
1-25     property included within the boundaries of the district will be
1-26     benefited by the works and projects that are to be accomplished by
1-27     the district under powers conferred by Section 59, Article XVI,
1-28     Texas Constitution.  The district is created to serve a public use
1-29     and benefit.
1-30           SECTION 5. GENERAL POWERS.  (a)  The district has all of the
1-31     rights, powers, privileges, authority, functions, and duties
1-32     provided by the general law of this state, including Chapter 36,
1-33     Water Code, applicable to groundwater conservation districts
1-34     created under Section 59, Article XVI, Texas Constitution.  This
1-35     Act prevails over any provision of general law that is in conflict
1-36     or inconsistent with this Act.
1-37           (b)  Notwithstanding Subsection (a), the following provisions
1-38     prevail over a conflicting or inconsistent provision of this Act:
1-39                 (1)  Sections 36.1071-36.108, Water Code;
1-40                 (2)  Sections 36.159-36.161, Water Code; and
1-41                 (3)  Subchapter I, Chapter 36, Water Code.
1-42           SECTION 6. LIMITATION ON POWERS.  Notwithstanding Section 5,
1-43     the district does not have the power to:
1-44                 (1)  acquire land;
1-45                 (2)  purchase, sell, transport, or distribute surface
1-46     water or groundwater;
1-47                 (3)  issue bonds; or
1-48                 (4)  exercise eminent domain authority.
1-49           SECTION 7. BOARD OF DIRECTORS.  (a)  The district is governed
1-50     by a board of nine directors that consists of one at-large director
1-51     and two directors from each county commissioners precinct.  One
1-52     director from each precinct must reside in an incorporated area of
1-53     the precinct and one director from each precinct must reside in an
1-54     unincorporated area of the precinct.
1-55           (b)  Temporary directors serve until initial directors are
1-56     elected under Section 10 of this Act.
1-57           (c)  Initial directors serve until permanent directors are
1-58     elected under Section 11 of this Act.
1-59           (d)  Permanent directors serve staggered four-year terms with
1-60     four or five members' terms expiring in each even-numbered year.
1-61           (e)  Each director must qualify to serve as director in the
1-62     manner provided by Section 36.055, Water Code.
1-63           (f)  A director serves until the director's successor has
1-64     qualified.
 2-1           SECTION 8. TEMPORARY DIRECTORS. (a)  The temporary board of
 2-2     directors consists of:
 2-3                 (1)  John Adams;
 2-4                 (2)  Jim Boston;
 2-5                 (3)  J. B. Cooper;
 2-6                 (4)  Mike Ensminger; and
 2-7                 (5)  Glenn Wortham.
 2-8           (b)  If a temporary director fails to qualify for office, the
 2-9     temporary directors who have qualified shall appoint a person to
2-10     fill the vacancy.  If at any time there are fewer than three
2-11     qualified temporary directors, the Texas Natural Resource
2-12     Conservation Commission shall appoint the necessary number of
2-13     persons to fill all vacancies on the board.
2-14           SECTION 9. METHOD OF ELECTING DIRECTORS.  (a)  The directors
2-15     of the district shall be elected according to the commissioners
2-16     precinct method as provided by this section.
2-17           (b)  One director shall be elected by the voters of the
2-18     entire district, and two directors shall be elected from each
2-19     county commissioners precinct by the voters of that precinct.  Of
2-20     the two directors elected from each precinct, one must reside
2-21     inside an incorporated area and one must reside outside an
2-22     incorporated area.
2-23           (c)  To be qualified to be a candidate for or to serve as
2-24     director at large, a person must reside in and be a registered
2-25     voter in the district.  To be a candidate for or to serve as
2-26     director from an incorporated area of a county commissioners
2-27     precinct, a person must reside in an incorporated area of and be a
2-28     registered voter of that precinct.  To be a candidate for or to
2-29     serve as director from an unincorporated area of a county
2-30     commissioners precinct, a person must reside in an unincorporated
2-31     area of and be a registered voter of that precinct.
2-32           (d)  A person shall indicate on the application for a place
2-33     on the ballot:
2-34                 (1)  the precinct that the person seeks to represent
2-35     and whether that person resides in an incorporated or in an
2-36     unincorporated area; or
2-37                 (2)  that the person seeks to represent the district at
2-38     large.
2-39           (e)  At the first election of the district after the county
2-40     commissioners precincts are redrawn under Section 18, Article V,
2-41     Texas Constitution, eight new directors shall be elected to
2-42     represent the precincts.  The directors elected shall draw lots to
2-43     determine which director from each precinct serves a two-year term
2-44     and which director from each precinct serves a four-year term.
2-45           SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
2-46     (a)  The temporary board of directors shall call and hold an
2-47     election to confirm the establishment of the district and to elect
2-48     initial directors.
2-49           (b)  At the confirmation and initial directors' election, the
2-50     temporary board of directors shall have placed on the ballot the
2-51     name of any candidate filing for an initial director's position and
2-52     blank spaces to write in the names of other persons.  A temporary
2-53     director who is qualified to be a candidate under Section 9 may
2-54     file for an initial director's position.
2-55           (c)  Section 41.001(a), Election Code, does not apply to a
2-56     confirmation and initial directors' election held as provided by
2-57     this section.
2-58           (d)  Except as provided by this section, a confirmation and
2-59     initial directors' election must be held as provided by Sections
2-60     36.017(b)-(h), Water Code, and the Election Code.
2-61           SECTION 11. ELECTION OF DIRECTORS.  (a)  On the first
2-62     Saturday in May of the second year after the year in which the
2-63     district is authorized to be created at a confirmation election, an
2-64     election shall be held in the district for the election of:
2-65                 (1)  the at-large director and the director from each
2-66     precinct representing an incorporated area of the precinct to serve
2-67     four-year terms; and
2-68                 (2)  one director from each precinct representing an
2-69     unincorporated area of the precinct to serve two-year terms.
 3-1           (b)  On the first Saturday in May of each subsequent second
 3-2     year following the election, the appropriate number of directors
 3-3     shall be elected.
 3-4           SECTION 12. DISTRICT REVENUES.  The board may impose taxes
 3-5     annually to pay the maintenance and operating expenses of the
 3-6     district at a rate not to exceed three cents on each $100 of
 3-7     assessed valuation.
 3-8           SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. (a)
 3-9     The proper and legal notice of the intention to introduce this Act,
3-10     setting forth the general substance of this Act, has been published
3-11     as provided by law, and the notice and a copy of this Act have been
3-12     furnished to all persons, agencies, officials, or entities to which
3-13     they are required to be furnished by the constitution and other
3-14     laws of this state, including the governor, who has submitted the
3-15     notice and Act to the Texas Natural Resource Conservation
3-16     Commission.
3-17           (b)  The Texas Natural Resource Conservation Commission has
3-18     filed its recommendations relating to this Act with the governor,
3-19     lieutenant governor, and speaker of the house of representatives
3-20     within the required time.
3-21           (c)  All requirements of the constitution and laws of this
3-22     state and the rules and procedures of the legislature with respect
3-23     to the notice, introduction, and passage of this Act are fulfilled
3-24     and accomplished.
3-25           SECTION 14. EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
3-26     takes effect September 1, 2001.
3-27           (b)  If the creation of this district is not confirmed at a
3-28     confirmation election held under Section 10 of this Act before
3-29     September 1, 2003, this Act expires on that date.
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