By Armbrister S.B. No. 525
77R2952 SGA-F
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 Post Oak Groundwater Conservation
1-4 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 Post Oak Groundwater Conservation
1-8 District, is created in Colorado County, subject to approval at a
1-9 confirmation and initial directors' election under Section 10 of
1-10 this Act. The district is a governmental agency and a body politic
1-11 and 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 Post Oak Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Colorado 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 otherwise provided
2-2 by 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. REGIONAL COOPERATION. To provide for regional
2-15 cooperation and continuity, the district shall:
2-16 (1) participate as needed in coordination meetings
2-17 with adjacent districts that share one or more aquifers with the
2-18 district;
2-19 (2) adopt a management plan that describes this
2-20 cooperation;
2-21 (3) coordinate the collection of data with adjacent
2-22 districts in such a way as to achieve relative uniformity of data
2-23 type and quality;
2-24 (4) provide groundwater level data to adjacent
2-25 districts;
2-26 (5) investigate any aquifer pollution with the
2-27 intention of locating its source;
3-1 (6) notify adjacent districts and all appropriate
3-2 agencies of any detected groundwater pollution;
3-3 (7) annually provide to adjacent districts an
3-4 inventory of water wells and an estimate of groundwater production
3-5 within the district; and
3-6 (8) include adjacent districts on the mailing lists
3-7 for district newsletters, seminars, public education events, news
3-8 articles, and field days.
3-9 SECTION 7. BOARD OF DIRECTORS. (a) The district is governed
3-10 by a board of seven directors.
3-11 (b) Temporary directors serve until initial directors are
3-12 elected under Section 10 of this Act.
3-13 (c) Initial directors serve until permanent directors are
3-14 elected for those positions under Section 11 of this Act.
3-15 (d) Permanent directors serve staggered four-year terms.
3-16 (e) Each director must qualify to serve as director in the
3-17 manner provided by Section 36.055, Water Code.
3-18 (f) A director serves until the director's successor has
3-19 qualified.
3-20 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-21 directors, in position number order, is composed of:
3-22 (1) Precinct 1: Brad Engstrom;
3-23 (2) Precinct 2: Gordon Mercer;
3-24 (3) Precinct 3: Bob Pickens;
3-25 (4) Precinct 4: Jack Johnson;
3-26 (5) City of Eagle Lake: Ronald Holland;
3-27 (6) City of Columbus: Leroy Sebesta; and
4-1 (7) City of Weimar: Vince Slominski.
4-2 (b) If a temporary director fails to qualify for office, the
4-3 temporary directors who have qualified shall appoint a person to
4-4 fill the vacancy. If at any time there are fewer than four
4-5 qualified temporary directors, the Texas Natural Resource
4-6 Conservation Commission shall appoint the necessary number of
4-7 persons to fill all vacancies on the board.
4-8 SECTION 9. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
4-9 PRECINCTS. (a) The directors of the district shall be elected
4-10 according to the commissioners precinct method as provided by this
4-11 section.
4-12 (b) Three at-large directors shall be elected by the voters
4-13 of the entire district, and one director shall be elected from each
4-14 county commissioners precinct by the voters of that precinct.
4-15 (c) To be qualified to be a candidate for or to serve as
4-16 director from a county commissioners precinct, a person must be a
4-17 registered voter of that precinct. To be qualified to be a
4-18 candidate for or to serve as a director at large, a person must be
4-19 a registered voter in the district and:
4-20 (1) for position 5, a registered voter in the city of
4-21 Eagle Lake;
4-22 (2) for position 6, a registered voter in the city of
4-23 Columbus; and
4-24 (3) for position 7, a registered voter in the city of
4-25 Weimar.
4-26 (d) A person shall indicate on the application for a place
4-27 on the ballot:
5-1 (1) the precinct that the person seeks to represent;
5-2 or
5-3 (2) that the person seeks to represent the district at
5-4 large and the city in which the person resides.
5-5 (e) At the first election after the county commissioners
5-6 precincts are redrawn under Section 18, Article V, Texas
5-7 Constitution, seven new directors shall be elected to represent the
5-8 district. The directors elected to positions 2, 4, and 6 shall be
5-9 elected for two-year terms. The directors elected to positions 1,
5-10 3, 5, and 7 shall be elected for four-year terms.
5-11 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a)
5-12 The temporary board of directors shall call and hold an election to
5-13 confirm establishment of the district and to elect initial
5-14 directors.
5-15 (b) At the confirmation and initial directors' election, the
5-16 temporary board of directors shall have placed on the ballot the
5-17 name of any candidate for an initial director's position and blank
5-18 spaces to write in the names of other persons. A temporary
5-19 director who is qualified to be a candidate under Section 9 may
5-20 file for an initial director's position.
5-21 (c) Section 41.001(a), Election Code, does not apply to a
5-22 confirmation and initial directors' election held as provided by
5-23 this section.
5-24 (d) Except as provided by this section, a confirmation and
5-25 initial directors' election must be conducted as provided by
5-26 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-27 (e) If a majority of the votes cast at the election are
6-1 against the creation of the district, the temporary directors may
6-2 call and hold subsequent elections to confirm the establishment of
6-3 the district. A subsequent election may not be held earlier than
6-4 the first anniversary of the date on which the previous election
6-5 was held.
6-6 SECTION 11. ELECTION OF PERMANENT DIRECTORS. (a) On the
6-7 first Saturday in May of the first even-numbered year after the
6-8 year in which the district is authorized to be created at a
6-9 confirmation election, an election shall be held in the district
6-10 for the election of directors for positions 2, 4, and 6 to serve
6-11 four-year terms.
6-12 (b) On the first Saturday in May of the second year after
6-13 the election held under Subsection (a), an election shall be held
6-14 in the district for the election of directors for positions 1, 3,
6-15 5, and 7 to serve four-year terms.
6-16 (c) On the first Saturday in May of each subsequent second
6-17 year following the election held under Subsection (b), the
6-18 appropriate number of directors shall be elected.
6-19 SECTION 12. DISTRICT REVENUES. To pay the maintenance and
6-20 operating costs of the district and to pay any bonds or notes
6-21 issued by the district the district may:
6-22 (1) subject to voter approval, impose an ad valorem
6-23 tax at a rate not to exceed five cents on each $100 valuation of
6-24 taxable property in the district;
6-25 (2) assess fees for services or for water withdrawn
6-26 from non-exempt wells;
6-27 (3) solicit and accept grants from any private or
7-1 public source; or
7-2 (4) assess a transfer fee on water exported from the
7-3 district.
7-4 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
7-5 The proper and legal notice of the intention to introduce this Act,
7-6 setting forth the general substance of this Act, has been published
7-7 as provided by law, and the notice and a copy of this Act have been
7-8 furnished to all persons, agencies, officials, or entities to which
7-9 they are required to be furnished by the constitution and other
7-10 laws of this state, including the governor, who has submitted the
7-11 notice and Act to the Texas Natural Resource Conservation
7-12 Commission.
7-13 (b) The Texas Natural Resource Conservation Commission has
7-14 filed its recommendations relating to this Act with the governor,
7-15 lieutenant governor, and speaker of the house of representatives
7-16 within the required time.
7-17 (c) All requirements of the constitution and laws of this
7-18 state and the rules and procedures of the legislature with respect
7-19 to notice, introduction, and passage of this Act are fulfilled and
7-20 accomplished.
7-21 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
7-22 takes effect September 1, 2001.
7-23 (b) If the creation of the district is not confirmed at a
7-24 confirmation election held under Section 10 of this Act before
7-25 September 1, 2003, this Act expires on that date.