By Counts H.B. No. 3674
77R11730 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 Clear Fork Groundwater Conservation
1-4 District; authorizing a tax.
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 Clear Fork Groundwater Conservation
1-8 District, is created in Fisher County, subject to approval at a
1-9 confirmation election under Section 9 of this Act. The district is
1-10 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 Clear Fork Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Fisher County, Texas.
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. POWERS. (a) Except as provided by this Act, the
2-1 district has all of the rights, powers, privileges, authority,
2-2 functions, and duties provided by the general law of this state,
2-3 including Chapter 36, Water Code, applicable to groundwater
2-4 conservation districts created under Section 59, Article XVI, Texas
2-5 Constitution. This Act prevails over any provision of general law
2-6 that is in conflict or inconsistent with this Act.
2-7 (b) The district does not have the power of eminent domain.
2-8 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed
2-9 by a board of five directors.
2-10 (b) Temporary directors serve until initial directors are
2-11 elected under Section 9 of this Act.
2-12 (c) Initial directors serve until permanent directors are
2-13 elected under Section 10 of this Act.
2-14 (d) Permanent directors serve staggered four-year terms.
2-15 (e) Each director must qualify to serve as director in the
2-16 manner provided by Section 36.055, Water Code.
2-17 (f) A director serves until the director's successor has
2-18 qualified.
2-19 (g) A vacancy in the office of director shall be filled by
2-20 appointment of the board until the next election for directors. If
2-21 the position is not scheduled to be filled at the next election,
2-22 the person elected in that election to fill the position shall
2-23 serve only for the remainder of the unexpired term.
2-24 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
2-25 directors consists of:
2-26 (1) Ted Posey;
2-27 (2) Jimmy Counts;
3-1 (3) Freddie Stuart;
3-2 (4) Justin Hansard; and
3-3 (5) Jeff Posey.
3-4 (b) If a temporary director fails to qualify for office, the
3-5 temporary directors who have qualified shall appoint a person to
3-6 fill the vacancy. If at any time there are fewer than three
3-7 qualified temporary directors, the Texas Natural Resource
3-8 Conservation Commission shall appoint the necessary number of
3-9 persons to fill all vacancies on the board.
3-10 SECTION 8. METHOD OF ELECTING DIRECTORS. (a) The directors
3-11 of the district shall be elected according to the commissioners
3-12 precinct method as provided by this section.
3-13 (b) One director shall be elected by the electors of the
3-14 entire district, and one director shall be elected from each county
3-15 commissioners precinct by the electors of that precinct.
3-16 (c) To be qualified to be a candidate for or to serve as
3-17 director at large, a person must be a registered voter in the
3-18 district. To be a candidate for or to serve as director from a
3-19 county commissioners precinct, a person must be a registered voter
3-20 of that precinct.
3-21 (d) A person shall indicate on the application for a place
3-22 on the ballot:
3-23 (1) the precinct that the person seeks to represent;
3-24 or
3-25 (2) that the person seeks to represent the district at
3-26 large.
3-27 (e) At the first election after the county commissioners
4-1 precincts are redrawn under Section 18, Article V, Texas
4-2 Constitution, four new directors shall be elected to represent the
4-3 precincts. The directors elected shall draw lots to determine
4-4 which two directors serve two-year terms and which two directors
4-5 serve four-year terms.
4-6 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
4-7 The temporary board of directors shall call and hold an election to
4-8 confirm establishment of the district, to confirm the district's
4-9 taxing authority, and to elect initial directors. The initial
4-10 confirmation election must be held:
4-11 (1) before the second anniversary of the effective
4-12 date of this Act; and
4-13 (2) concurrently with another election held by a
4-14 political subdivision.
4-15 (b) At the confirmation and initial directors' election, the
4-16 temporary board of directors shall have placed on the ballot the
4-17 name of any candidate filing for an initial director's position and
4-18 blank spaces to write in the names of other persons. A temporary
4-19 director who is qualified to be a candidate under Section 8 of this
4-20 Act may file for an initial director's position.
4-21 (c) If the district is created at the election, the
4-22 temporary board of directors, at the time the vote is canvassed,
4-23 shall:
4-24 (1) declare the qualified person who receives the most
4-25 votes for each position to be elected as the initial director for
4-26 that position; and
4-27 (2) include the results of the initial directors'
5-1 election in the district's election report to the Texas Natural
5-2 Resource Conservation Commission.
5-3 (d) Section 41.001(a), Election Code, does not apply to a
5-4 confirmation and initial directors' election held as provided by
5-5 this section.
5-6 (e) Except as provided by this section, a confirmation and
5-7 initial directors' election must be conducted as provided by
5-8 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-9 (f) If the initial confirmation election fails to confirm
5-10 the district, the temporary board of directors may hold additional
5-11 confirmation elections as it deems necessary no less than one year
5-12 apart and in accordance with other provisions of this section.
5-13 (g) If the creation of the district is not confirmed at a
5-14 confirmation election held under this section before the fourth
5-15 anniversary of the effective date of this Act, this Act expires on
5-16 that date.
5-17 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
5-18 Saturday in May of the first even-numbered year after the year in
5-19 which the district is authorized to be created at a confirmation
5-20 election, an election shall be held in the district for the
5-21 election of directors for Precincts 1 and 3 to serve two-year terms
5-22 and directors for Precincts 2 and 4 and for the district at large
5-23 to serve four-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 11. DISTRICT REVENUES. To pay for the maintenance
6-1 and operating costs of the district, the district may:
6-2 (1) impose an ad valorem tax at a rate not to exceed
6-3 five cents for each $100 of taxable value of property in the
6-4 district;
6-5 (2) assess general production fees;
6-6 (3) solicit and accept grants from any public or
6-7 private source; and
6-8 (4) assess a transfer fee on water exported from the
6-9 district.
6-10 SECTION 12. STATUTORY INTERPRETATION. Except as otherwise
6-11 provided by this Act, if there is a conflict between this Act and
6-12 Chapter 36 or 49, Water Code, this Act controls. If there is a
6-13 conflict between Chapters 36 and 49, Water Code, Chapter 36
6-14 controls.
6-15 SECTION 13. CHANGE OF DISTRICT NAME. The board of directors
6-16 may change the district's name when the district annexes territory.
6-17 SECTION 14. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
6-18 (a) The proper and legal notice of the intention to introduce this
6-19 Act, setting forth the general substance of this Act, has been
6-20 published as provided by law, and the notice and a copy of this Act
6-21 have been furnished to all persons, agencies, officials, or
6-22 entities to which they are required to be furnished by the
6-23 constitution and other laws of this state, including the governor,
6-24 who has submitted the notice and Act to the Texas Natural Resource
6-25 Conservation Commission.
6-26 (b) The Texas Natural Resource Conservation Commission has
6-27 filed its recommendations relating to this Act with the governor,
7-1 lieutenant governor, and speaker of the house of representatives
7-2 within the required time.
7-3 (c) All requirements of the constitution and laws of this
7-4 state and the rules and procedures of the legislature with respect
7-5 to the notice, introduction, and passage of this Act are fulfilled
7-6 and accomplished.
7-7 SECTION 15. EFFECTIVE DATE. This Act takes effect immediately
7-8 if it receives a vote of two-thirds of all the members elected to
7-9 each house, as provided by Section 39, Article III, Texas
7-10 Constitution. If this Act does not receive the vote necessary for
7-11 immediate effect, this Act takes effect September 1, 2001.
7-12 COMMITTEE AMENDMENT NO. 1
7-13 Amend H.B. 3674 as follows:
7-14 (a) On page 3, line 27, insert "of the district" after the
7-15 word "election" and before the word "after".
7-16 (b) On page 5, line 18, strike "first even-numbered" and
7-17 insert "second".
7-18 Counts