By Bonnen H.B. No. 3675
77R8356 SGA-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 Brazoria County 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 Brazoria County Groundwater
1-8 Conservation District, is created in Brazoria County, subject to
1-9 approval at a confirmation election under Section 9 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Brazoria County Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Brazoria County, Texas.
1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-20 property included within the boundaries of the district will be
1-21 benefited by the works and projects that are to be accomplished by
1-22 the district under powers conferred by Section 59, Article XVI,
1-23 Texas Constitution. The district is created to serve a public use
1-24 and benefit.
2-1 SECTION 5. GENERAL POWERS. (a) Except as provided by
2-2 Section 11 of this Act, the district has all of the rights, powers,
2-3 privileges, authority, functions, and duties provided by the
2-4 general law of this state, including Chapter 36, Water Code,
2-5 applicable to groundwater conservation districts created under
2-6 Section 59, Article XVI, Texas Constitution. This Act prevails
2-7 over any provision of general law that is in conflict or
2-8 inconsistent with this Act.
2-9 (b) Notwithstanding Subsection (a), the following provisions
2-10 prevail over a conflicting or inconsistent provision of this Act:
2-11 (1) Sections 36.1071-36.108, Water Code;
2-12 (2) Sections 36.159-36.161, Water Code; and
2-13 (3) Subchapter I, Chapter 36, Water Code.
2-14 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-15 governed by a board of five directors.
2-16 (b) Temporary directors serve until initial directors are
2-17 elected under Section 9 of this Act.
2-18 (c) Initial directors serve until permanent directors are
2-19 elected under Section 10 of this Act.
2-20 (d) Permanent directors serve staggered four-year terms.
2-21 (e) Each director must qualify to serve as director in the
2-22 manner provided by Section 36.055, Water Code.
2-23 (f) A director serves until the director's successor has
2-24 qualified.
2-25 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
2-26 directors consists of five members appointed by the Brazoria County
2-27 Commissioners Court.
3-1 (b) If a temporary director fails to qualify for office or
3-2 if a vacancy occurs for some other reason, the Brazoria County
3-3 Commissioners Court shall appoint a person to fill the vacancy.
3-4 SECTION 8. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
3-5 PRECINCTS. (a) The directors of the district shall be elected
3-6 according to the commissioners precinct method as provided by this
3-7 section.
3-8 (b) One director shall be elected by the voters of the
3-9 entire district, and one director shall be elected from each county
3-10 commissioners precinct by the voters of that precinct.
3-11 (c) To be eligible to be a candidate for or to serve as
3-12 director at large, a person must be a registered voter in the
3-13 district. To be a candidate for or to serve as director from a
3-14 county commissioners precinct, a person must be a registered voter
3-15 of that precinct.
3-16 (d) A person shall indicate on the application for a place
3-17 on the ballot:
3-18 (1) the precinct that the person seeks to represent;
3-19 or
3-20 (2) that the person seeks to represent the district at
3-21 large.
3-22 (e) At the first election after the county commissioners
3-23 precincts are redrawn under Section 18, Article V, Texas
3-24 Constitution, four new directors shall be elected to represent the
3-25 precincts. The directors elected shall draw lots to determine
3-26 which two directors serve two-year terms and which two directors
3-27 serve four-year terms.
4-1 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
4-2 The temporary board of directors shall call and hold an election to
4-3 confirm establishment of the district and to elect initial
4-4 directors.
4-5 (b) At the confirmation and initial directors' election, the
4-6 temporary board of directors shall have placed on the ballot the
4-7 name of any candidate filing for an initial director's position and
4-8 blank spaces to write in the names of other persons. A temporary
4-9 director who is eligible to be a candidate under Section 8 may file
4-10 for an initial director's position.
4-11 (c) Section 41.001(a), Election Code, does not apply to a
4-12 confirmation and initial directors' election held as provided by
4-13 this section.
4-14 (d) Except as provided by this section, a confirmation and
4-15 initial directors' election must be conducted as provided by
4-16 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-17 SECTION 10. ELECTION OF DIRECTORS. (a) On the first
4-18 Saturday in May of the first even-numbered year after the year in
4-19 which the district is authorized to be created at a confirmation
4-20 election, an election shall be held in the district for the
4-21 election of three directors to serve four-year terms and two
4-22 directors to serve two-year terms.
4-23 (b) On the first Saturday in May of each subsequent second
4-24 year following the election, the appropriate number of directors
4-25 shall be elected.
4-26 SECTION 11. LIMITATIONS ON POWERS. The district may not for
4-27 any purpose:
5-1 (1) impose a property tax;
5-2 (2) exercise the power of eminent domain;
5-3 (3) acquire land;
5-4 (4) issue or sell bonds; or
5-5 (5) purchase, sell, transport, or distribute surface
5-6 water or groundwater.
5-7 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
5-8 The proper and legal notice of the intention to introduce this Act,
5-9 setting forth the general substance of this Act, has been published
5-10 as provided by law, and the notice and a copy of this Act have been
5-11 furnished to all persons, agencies, officials, or entities to which
5-12 they are required to be furnished by the constitution and other
5-13 laws of this state, including the governor, who has submitted the
5-14 notice and Act to the Texas Natural Resource Conservation
5-15 Commission.
5-16 (b) The Texas Natural Resource Conservation Commission has
5-17 filed its recommendations relating to this Act with the governor,
5-18 lieutenant governor, and speaker of the house of representatives
5-19 within the required time.
5-20 (c) All requirements of the constitution and laws of this
5-21 state and the rules and procedures of the legislature with respect
5-22 to notice, introduction, and passage of this Act are fulfilled and
5-23 accomplished.
5-24 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
5-25 takes effect September 1, 2001.
5-26 (b) If the creation of the district is not confirmed at a
5-27 confirmation election held under Section 9 of this Act before
6-1 September 1, 2003, this Act expires on that date.