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. 3-44 * * * * *