By Miller H.B. No. 3665
77R3553 SGA-F
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 Cross Timbers Groundwater
1-4 Conservation 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 Cross Timbers Groundwater Conservation
1-8 District, is created in Bosque, Callahan, Comanche, Coryell,
1-9 Eastland, Erath, and Somervell counties, subject to approval at
1-10 confirmation and initial directors' elections held in each county
1-11 under Section 10 of this Act. The district is a governmental
1-12 agency and a body politic and corporate.
1-13 (b) The district is created under and is essential to
1-14 accomplish the purposes of Section 59, Article XVI, Texas
1-15 Constitution.
1-16 SECTION 2. DEFINITION. In this Act, "district" means the
1-17 Cross Timbers Groundwater Conservation District.
1-18 SECTION 3. BOUNDARIES. The boundaries of the district are
1-19 coextensive with the boundaries of Bosque, Callahan, Comanche,
1-20 Coryell, Eastland, Erath, and Somervell counties, Texas.
1-21 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-22 property included within the boundaries of the district will be
1-23 benefited by the works and projects that are to be accomplished by
1-24 the district under powers conferred by Section 59, Article XVI,
2-1 Texas Constitution. The district is created to serve a public use
2-2 and benefit.
2-3 SECTION 5. GENERAL POWERS. (a) Except as otherwise provided
2-4 by this Act, the district has all of the rights, powers,
2-5 privileges, authority, functions, and duties provided by the
2-6 general law of this state, including Chapter 36, Water Code,
2-7 applicable to groundwater conservation districts created under
2-8 Section 59, Article XVI, Texas Constitution. This Act prevails
2-9 over any provision of general law that is in conflict with or
2-10 inconsistent with this Act.
2-11 (b) Notwithstanding Subsection (a), the following provisions
2-12 prevail over a conflicting or inconsistent provision of this Act:
2-13 (1) Sections 36.1071-36.108, Water Code;
2-14 (2) Sections 36.159-36.161, Water Code; and
2-15 (3) Subchapter I, Chapter 36, Water Code.
2-16 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-17 governed by a board of seven directors.
2-18 (b) Temporary directors serve until initial directors are
2-19 elected under Section 10 of this Act.
2-20 (c) Initial directors serve until permanent directors are
2-21 elected under Section 11 of this Act.
2-22 (d) Permanent directors serve staggered four-year terms.
2-23 (e) Each director must qualify to serve as director in the
2-24 manner provided by Section 36.055, Water Code.
2-25 (f) A director serves until the director's successor has
2-26 qualified.
2-27 SECTION 7. COMPENSATION OF DIRECTORS. A director may not
3-1 receive compensation for service on the board but is entitled to
3-2 reimbursement of actual expenses reasonably and necessarily
3-3 incurred while engaging in activities on behalf of the district.
3-4 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-5 directors consists of seven members. The commissioners courts of
3-6 Bosque, Callahan, Comanche, Coryell, Eastland, Erath, and Somervell
3-7 counties shall each appoint one temporary director to represent
3-8 that county.
3-9 (b) If a temporary director fails to qualify for office, the
3-10 commissioners court of the county that appointed the temporary
3-11 director shall appoint a person to fill the vacancy. If at any time
3-12 there are fewer than four qualified temporary directors, the Texas
3-13 Natural Resource Conservation Commission shall appoint the
3-14 necessary number of persons to fill all vacancies on the board.
3-15 SECTION 9. METHOD OF ELECTING DIRECTORS. (a) One director
3-16 shall be elected from each county in the district as provided by
3-17 this section.
3-18 (b) To be qualified to be a candidate for or to serve as
3-19 director, a person must be a registered voter in the county the
3-20 person seeks to represent.
3-21 (c) The initial or permanent directors may revise the number
3-22 of directors as necessary or appropriate to exclude counties that
3-23 do not confirm the establishment of the district, to include
3-24 counties that are annexed to the district, or to maintain
3-25 compliance with the federal Voting Rights Act (42 U.S.C. Section
3-26 1973c et seq.), as amended. The initial or permanent directors may
3-27 appoint an at-large director to maintain an odd number of
4-1 directors. An at-large director must be a registered voter in the
4-2 district.
4-3 (d) The initial or permanent directors may revise the number
4-4 of directors per county if necessary to provide for better
4-5 representation of the residents of the district on the board of
4-6 directors.
4-7 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-8 (a) The temporary board of directors shall call and hold an
4-9 election in each county in the district to confirm establishment of
4-10 the district and to elect an initial director to represent the
4-11 county.
4-12 (b) At the confirmation and initial directors' election, the
4-13 temporary board of directors shall have placed on the ballot in
4-14 each county the name of any candidate filing for an initial
4-15 director's position from that county and blank spaces to write in
4-16 the names of other persons.
4-17 (c) Section 41.001(a), Election Code, does not apply to a
4-18 confirmation and initial directors' election held as provided by
4-19 this section.
4-20 (d) Except as provided by this section, a confirmation and
4-21 initial directors' election must be conducted as provided by
4-22 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-23 (e) The district is established if a majority of the votes
4-24 cast at the election in at least one county favor the establishment
4-25 of the district. A county is included in the district and may
4-26 elect a director to the board only if a majority of the votes cast
4-27 at the election in that county favor the establishment of the
5-1 district. Counties included in the district are not required to be
5-2 contiguous.
5-3 SECTION 11. ELECTION OF PERMANENT DIRECTORS. (a) On the
5-4 first Saturday in May of the first even-numbered year after the
5-5 year in which the district is authorized to be created at a
5-6 confirmation election, an election shall be held in each county in
5-7 the district for the election of permanent directors. The initial
5-8 directors shall draw lots to determine which permanent directors
5-9 serve two-year terms and which permanent directors serve four-year
5-10 terms. A simple majority shall serve four-year terms.
5-11 (b) On the first Saturday in May of each subsequent second
5-12 year following the election, the appropriate number of directors
5-13 shall be elected.
5-14 SECTION 12. DISTRICT REVENUES. To pay the maintenance and
5-15 operating costs of the district and to pay any bonds or notes
5-16 issued by the district, the district may:
5-17 (1) subject to voter approval, impose an ad valorem
5-18 tax at a rate not to exceed five cents on each $100 valuation of
5-19 taxable property in the district;
5-20 (2) solicit and accept grants from any private or
5-21 public source; and
5-22 (3) establish and collect fees as authorized by
5-23 Chapter 36, Water Code.
5-24 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
5-25 The proper and legal notice of the intention to introduce this Act,
5-26 setting forth the general substance of this Act, has been published
5-27 as provided by law, and the notice and a copy of this Act have been
6-1 furnished to all persons, agencies, officials, or entities to which
6-2 they are required to be furnished by the constitution and other
6-3 laws of this state, including the governor, who has submitted the
6-4 notice and Act to the Texas Natural Resource Conservation
6-5 Commission.
6-6 (b) The Texas Natural Resource Conservation Commission has
6-7 filed its recommendations relating to this Act with the governor,
6-8 lieutenant governor, and speaker of the house of representatives
6-9 within the required time.
6-10 (c) All requirements of the constitution and laws of this
6-11 state and the rules and procedures of the legislature with respect
6-12 to notice, introduction, and passage of this Act are fulfilled and
6-13 accomplished.
6-14 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
6-15 takes effect September 1, 2001.
6-16 (b) If the creation of the district is not confirmed at a
6-17 confirmation election held under Section 10 of this Act before
6-18 September 1, 2003, this Act expires on that date.
6-19 COMMITTEE AMENDMENT NO. 1
6-20 Amend House Bill 3665 as follows:
6-21 1) On page 1, line 9, between the comma and "and" insert
6-22 "Hamilton,".
6-23 2) On page 1, line 20, between the comma and "and" insert
6-24 "Hamilton,".
6-25 3) On page 3, line 6, between the comma and "and" insert
6-26 "Hamilton,".
6-27 Counts