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. 3-30 * * * * *