1-1     By:  Counts (Senate Sponsor - Haywood)                H.B. No. 3674
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 10, 2001, reported favorably by the
 1-5     following vote:  Yeas 4, Nays 0; May 10, 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 Clear Fork Groundwater Conservation
1-10     District; authorizing a tax.
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 Clear Fork Groundwater Conservation
1-14     District, is created in Fisher County, subject to approval at a
1-15     confirmation election under Section 9 of this Act.  The district is
1-16     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     Clear Fork Groundwater Conservation District.
1-22           SECTION 3.  BOUNDARIES. The boundaries of the district are
1-23     coextensive with the boundaries of Fisher County, Texas.
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.  POWERS. (a)  Except as provided by this Act, the
1-31     district has all of the rights, powers, privileges, authority,
1-32     functions, and duties provided by the general law of this state,
1-33     including Chapter 36, Water Code, applicable to groundwater
1-34     conservation districts created under Section 59, Article XVI, Texas
1-35     Constitution.  This Act prevails over any provision of general law
1-36     that is in conflict or inconsistent with this Act.
1-37           (b)  The district does not have the power of eminent domain.
1-38           SECTION 6.  BOARD OF DIRECTORS. (a)  The district is governed
1-39     by a board of five directors.
1-40           (b)  Temporary directors serve until initial directors are
1-41     elected under Section 9 of this Act.
1-42           (c)  Initial directors serve until permanent directors are
1-43     elected under Section 10 of this Act.
1-44           (d)  Permanent directors serve staggered four-year terms.
1-45           (e)  Each director must qualify to serve as director in the
1-46     manner provided by Section 36.055, Water Code.
1-47           (f)  A director serves until the director's successor has
1-48     qualified.
1-49           (g)  A vacancy in the office of director shall be filled by
1-50     appointment of the board until the next election for directors. If
1-51     the position is not scheduled to be filled at the next election,
1-52     the person elected in that election to fill the position shall
1-53     serve only for the remainder of the unexpired term.
1-54           SECTION 7.  TEMPORARY DIRECTORS. (a)  The temporary board of
1-55     directors consists of:
1-56                 (1)  Ted Posey;
1-57                 (2)  Jimmy Counts;
1-58                 (3)  Freddie Stuart;
1-59                 (4)  Justin Hansard; and
1-60                 (5)  Jeff Posey.
1-61           (b)  If a temporary director fails to qualify for office, the
1-62     temporary directors who have qualified shall appoint a person to
1-63     fill the vacancy.  If at any time there are fewer than three
1-64     qualified temporary directors, the Texas Natural Resource
 2-1     Conservation Commission shall appoint the necessary number of
 2-2     persons to fill all vacancies on the board.
 2-3           SECTION 8.  METHOD OF ELECTING DIRECTORS. (a)  The directors
 2-4     of the district shall be elected according to the commissioners
 2-5     precinct method as provided by this section.
 2-6           (b)  One director shall be elected by the electors of the
 2-7     entire district, and one director shall be elected from each county
 2-8     commissioners precinct by the electors of that precinct.
 2-9           (c)  To be qualified to be a candidate for or to serve as
2-10     director at large, a person must be a registered voter in the
2-11     district.  To be a candidate for or to serve as director from a
2-12     county commissioners precinct,  a person must be a registered voter
2-13     of that precinct.
2-14           (d)  A person shall indicate on the application for a place
2-15     on the ballot:
2-16                 (1)  the precinct that the person seeks to represent;
2-17     or
2-18                 (2)  that the person seeks to represent the district at
2-19     large.
2-20           (e)  At the first election of the district after the county
2-21     commissioners precincts are redrawn under Section 18, Article V,
2-22     Texas Constitution, four new directors shall be elected to
2-23     represent the precincts.  The directors elected shall draw lots to
2-24     determine which two directors serve two-year terms and which two
2-25     directors serve four-year terms.
2-26           SECTION 9.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
2-27     The temporary board of directors shall call and hold an election to
2-28     confirm establishment of the district, to confirm the district's
2-29     taxing authority, and to elect initial directors.  The initial
2-30     confirmation election must be held:
2-31                 (1)  before the second anniversary of the effective
2-32     date of this Act; and
2-33                 (2)  concurrently with another election held by a
2-34     political subdivision.
2-35           (b)  At the confirmation and initial directors' election, the
2-36     temporary board of directors shall have placed on the ballot the
2-37     name of any candidate filing for an initial director's position and
2-38     blank spaces to write in the names of other persons.  A temporary
2-39     director who is qualified to be a candidate under Section 8 of this
2-40     Act may file for an initial director's position.
2-41           (c)  If the district is created at the election, the
2-42     temporary board of directors, at the time the vote is canvassed,
2-43     shall:
2-44                 (1)  declare the qualified person who receives the most
2-45     votes for each position to be elected as the initial director for
2-46     that position; and
2-47                 (2)  include the results of the initial directors'
2-48     election in the district's election report to the Texas Natural
2-49     Resource Conservation Commission.
2-50           (d)  Section 41.001(a), Election Code, does not apply to a
2-51     confirmation and initial directors' election held as provided by
2-52     this section.
2-53           (e)  Except as provided by this section, a confirmation and
2-54     initial directors' election must be conducted as provided by
2-55     Sections 36.017(b)-(h), Water Code, and the Election Code.
2-56           (f)  If the initial confirmation election fails to confirm
2-57     the district, the temporary board of directors may hold additional
2-58     confirmation elections as it deems necessary no less than one year
2-59     apart and in accordance with other provisions of this section.
2-60           (g)  If the creation of the district is not confirmed at a
2-61     confirmation election held under this section before the fourth
2-62     anniversary of the effective date of this Act, this Act expires on
2-63     that date.
2-64           SECTION 10.  ELECTION OF DIRECTORS. (a)  On the first
2-65     Saturday in May of the second year after the year in which the
2-66     district is authorized to be created at a confirmation election, an
2-67     election shall be held in the district for the election of
2-68     directors for Precincts 1 and 3 to serve two-year terms and
2-69     directors for Precincts 2 and 4 and for the district at large to
 3-1     serve four-year terms.
 3-2           (b)  On the first Saturday in May of each subsequent second
 3-3     year following the election, the appropriate number of directors
 3-4     shall be elected.
 3-5           SECTION 11.  DISTRICT REVENUES.  To pay for the maintenance
 3-6     and operating costs of the district, the district may:
 3-7                 (1)  impose an ad valorem tax at a rate not to exceed
 3-8     five cents for each $100 of taxable value of property in the
 3-9     district;
3-10                 (2)  assess general production fees;
3-11                 (3)  solicit and accept grants from any public or
3-12     private source; and
3-13                 (4)  assess a transfer fee on water exported from the
3-14     district.
3-15           SECTION 12.  STATUTORY INTERPRETATION. Except as otherwise
3-16     provided by this Act, if there is a conflict between this Act and
3-17     Chapter 36 or 49, Water Code, this Act controls.  If there is a
3-18     conflict between Chapters 36 and 49, Water Code, Chapter 36
3-19     controls.
3-20           SECTION 13.  CHANGE OF DISTRICT NAME. The board of directors
3-21     may change the district's name when the district annexes territory.
3-22           SECTION 14.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-23     (a)  The proper and legal notice of the intention to introduce this
3-24     Act, setting forth the general substance of this Act, has been
3-25     published as provided by law, and the notice and a copy of this Act
3-26     have been furnished to all persons, agencies, officials, or
3-27     entities to which they are required to be furnished by the
3-28     constitution and other laws of this state, including the governor,
3-29     who has submitted the notice and Act to the Texas Natural Resource
3-30     Conservation Commission.
3-31           (b)  The Texas Natural Resource Conservation Commission has
3-32     filed its recommendations relating to this Act with the governor,
3-33     lieutenant governor, and speaker of the house of representatives
3-34     within the required time.
3-35           (c)  All requirements of the constitution and laws of this
3-36     state and the rules and procedures of the legislature with respect
3-37     to the notice, introduction, and passage of this Act are fulfilled
3-38     and accomplished.
3-39           SECTION 15. EFFECTIVE DATE. This Act takes effect immediately
3-40     if it receives a vote of two-thirds of all the members elected to
3-41     each house, as provided by Section 39, Article III, Texas
3-42     Constitution.  If this Act does not receive the vote necessary for
3-43     immediate effect, this Act takes effect September 1, 2001.
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