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.