1-1 By: Bonnen (Senate Sponsor - Brown) H.B. No. 3675 1-2 (In the Senate - Received from the House May 7, 2001; 1-3 May 7, 2001, read first time and referred to Committee on Natural 1-4 Resources; May 11, 2001, reported adversely, with favorable 1-5 Committee Substitute by the following vote: Yeas 7, Nays 0; 1-6 May 11, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3675 By: Brown 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the creation, administration, powers, duties, 1-11 operation, and financing of the Brazoria County Groundwater 1-12 Conservation District. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. CREATION. (a) A groundwater conservation 1-15 district, to be known as the Brazoria County Groundwater 1-16 Conservation District, is created in Brazoria County, subject to 1-17 approval at a confirmation election under Section 9 of this Act. 1-18 The district is a governmental agency and a body politic and 1-19 corporate. 1-20 (b) The district is created under and is essential to 1-21 accomplish the purposes of Section 59, Article XVI, Texas 1-22 Constitution. 1-23 SECTION 2. DEFINITION. In this Act, "district" means the 1-24 Brazoria County Groundwater Conservation District. 1-25 SECTION 3. BOUNDARIES. The boundaries of the district are 1-26 coextensive with the boundaries of Brazoria County, Texas. 1-27 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-28 property included within the boundaries of the district will be 1-29 benefited by the works and projects that are to be accomplished by 1-30 the district under powers conferred by Section 59, Article XVI, 1-31 Texas Constitution. The district is created to serve a public use 1-32 and benefit. 1-33 SECTION 5. GENERAL POWERS. (a) Except as provided by 1-34 Section 12 of this Act, the district has all of the rights, powers, 1-35 privileges, authority, functions, and duties provided by the 1-36 general law of this site, including Chapter 36, Water Code, 1-37 applicable to groundwater conservation districts created under 1-38 Section 59, Article XVI, Texas Constitution. This Act prevails 1-39 over any provision of general law that is in conflict or 1-40 inconsistent with this Act. 1-41 (b) Notwithstanding Subsection (a), the following provisions 1-42 prevail over a conflicting or inconsistent provision of this Act: 1-43 (1) Sections 36.1071-36.108, Water Code; 1-44 (2) Sections 36.159-36.161, Water Code; and 1-45 (3) Subchapter I, Chapter 36, Water Code. 1-46 (c) The district may not purchase groundwater or rights to 1-47 groundwater unless the purchased groundwater or rights to 1-48 groundwater are acquired for conservation purposes and are 1-49 permanently held in trust not to be produced. 1-50 SECTION 6. BOARD OF DIRECTORS. (a) The district is 1-51 governed by a board of five directors. 1-52 (b) Temporary directors serve until initial directors are 1-53 elected under Section 9 of this Act. 1-54 (c) Initial directors serve until permanent directors are 1-55 elected under Section 10 of this Act. 1-56 (d) Permanent directors serve staggered four-year terms. 1-57 (e) Each director must qualify to serve as director in the 1-58 manner provided by Section 36.055, Water Code. 1-59 (f) A director serves until the director's successor has 1-60 qualified. 1-61 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 1-62 directors consists of five members appointed by the Brazoria County 1-63 Commissioners Court. 1-64 (b) If a temporary director fails to qualify for office or 2-1 if a vacancy occurs for some other reason, the Brazoria County 2-2 Commissioners Court shall appoint a person to fill the vacancy. 2-3 SECTION 8. METHOD OF ELECTING DIRECTORS: COMMISSIONERS 2-4 PRECINCTS. (a) The directors of the district shall be elected 2-5 according to the commissioners precinct method as provided by this 2-6 section. 2-7 (b) One director shall be elected by the voters of the 2-8 entire district, and one director shall be elected from each county 2-9 commissioners precinct by the voters of that precinct. 2-10 (c) To be eligible to be a candidate for or to serve as 2-11 director at large, a person must be a registered voter in the 2-12 district. To be a candidate for or to serve as director from a 2-13 county commissioners precinct, a person must be a registered voter 2-14 of that precinct. 2-15 (d) A person shall indicate on the application for a place 2-16 on the ballot: 2-17 (1) the precinct that the person seeks to represent; 2-18 or 2-19 (2) that the person seeks to represent the district at 2-20 large. 2-21 (e) When the boundaries of the commissioners precincts are 2-22 changed, each director in office on the effective date of the 2-23 change or elected to a term of office beginning on or after the 2-24 effective date of the change serves in the precinct to which the 2-25 director was elected for the entire term to which the director was 2-26 elected, even though the change in boundaries places the person's 2-27 residence outside the precinct for which the person was elected. 2-28 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 2-29 (a) The temporary board of directors shall call and hold an 2-30 election to confirm establishment of the district and to elect 2-31 initial directors. 2-32 (b) At the confirmation and initial directors' election, the 2-33 temporary board of directors shall have placed on the ballot the 2-34 name of any candidate filing for an initial director's position and 2-35 blank spaces to write in the names of other persons. A temporary 2-36 director who is eligible to be a candidate under Section 8 may file 2-37 for an initial director's position. 2-38 (c) Section 41.001(a), Election Code, does not apply to a 2-39 confirmation and initial directors' election held as provided by 2-40 this section. 2-41 (d) Except as provided by this section, a confirmation and 2-42 initial directors' election must be conducted as provided by 2-43 Sections 36.017(b)-(h), Water Code, and the Election Code. 2-44 SECTION 10. ELECTION OF DIRECTORS. (a) On the first 2-45 Saturday in May of the first even-numbered year after the year in 2-46 which the district is authorized to be created at a confirmation 2-47 election, an election shall be held in the district for the 2-48 election of three directors to serve four-year terms and two 2-49 directors to serve two-year terms. 2-50 (b) On the first Saturday in May of each subsequent second 2-51 year following the election, the appropriate number of directors 2-52 shall be elected. 2-53 SECTION 11. DISTRICT FINANCES. (a) Except as provided by 2-54 Subsection (d) of this section, the board of directors may impose 2-55 an operation and maintenance tax at a rate not to exceed five cents 2-56 for each $100 of taxable value of property in the district if 2-57 approved by a majority of the qualified voters voting at an 2-58 election called and held for that purpose in the manner provided by 2-59 Section 36.201, Water Code. 2-60 (b) If an election fails to approve an operation and 2-61 maintenance tax as provided by Subsection (a) of this section, the 2-62 board of directors may impose reasonable fees on each nonexempt 2-63 well in the district. The fees may be assessed annually, based on: 2-64 (1) the size of column pipe used in the well; 2-65 (2) the production capacity of the well; or 2-66 (3) actual, authorized, or anticipated pumpage. 2-67 (c) The amount of fees that may be assessed by the district 2-68 is subject to limitations provided by Section 36.205, Water Code. 2-69 (d) If the district imposes a tax under this section, the 3-1 district may not impose a fee. If the district imposes a fee under 3-2 this section, the district may not impose a tax. 3-3 SECTION 12. LIMITATIONS ON POWERS. The district may not for 3-4 any purpose: 3-5 (1) exercise the power of eminent domain; 3-6 (2) acquire land; or 3-7 (3) issue or sell bonds; 3-8 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 3-9 (a) The proper and legal notice of the intention to introduce this 3-10 Act, setting forth the general substance of this Act, has been 3-11 published as provided by law, and the notice and a copy of this Act 3-12 have been furnished to all persons, agencies, officials, or 3-13 entities to which they are required to be furnished by the 3-14 constitution and other laws of this state, including the governor, 3-15 who has submitted the notice and Act to the Texas Natural Resource 3-16 Conservation Commission. 3-17 (b) The Texas Natural Resource Conservation Commission has 3-18 filed its recommendations relating to this Act with the governor, 3-19 lieutenant governor, and speaker of the house of representatives 3-20 within the required time. 3-21 (c) All requirements of the constitution and laws of this 3-22 state and the rules and procedures of the legislature with respect 3-23 to notice, introduction, and passage of this Act are fulfilled and 3-24 accomplished. 3-25 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 3-26 takes effect September 1, 2001. 3-27 (b) If the creation of the district is not confirmed at a 3-28 confirmation election held under Section 9 of this Act before 3-29 September 1, 2003, this Act expires on that date. 3-30 * * * * *