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.
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