1-1 AN ACT 1-2 relating to the ratification of the creation of the McMullen 1-3 Groundwater Conservation District and to the administration, 1-4 powers, duties, operation, and financing of the district. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. RATIFICATION OF CREATION. The creation by 1-7 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, 1-8 of the McMullen Groundwater Conservation District in McMullen 1-9 County is ratified as required by Section 15(a) of that chapter, 1-10 subject to approval at a confirmation election under Section 7 of 1-11 this Act. 1-12 SECTION 2. DEFINITION. In this Act, "district" means the 1-13 McMullen Groundwater Conservation District. 1-14 SECTION 3. BOUNDARIES. The boundaries of the district are 1-15 coextensive with the boundaries of McMullen County. 1-16 SECTION 4. GENERAL POWERS. (a) The district has all of the 1-17 rights, powers, privileges, authority, functions, and duties 1-18 provided by the general law of this state, including Chapter 36, 1-19 Water Code, applicable to groundwater conservation districts 1-20 created under Section 59, Article XVI, Texas Constitution. This 1-21 Act prevails over any provision of general law that is in conflict 1-22 or inconsistent with this Act, including any provision of Chapter 1-23 1331, Acts of the 76th Legislature, Regular Session, 1999. 1-24 (b) The rights, powers, privileges, authority, functions, 1-25 and duties of the district are subject to the continuing right of 2-1 supervision of the state to be exercised by and through the Texas 2-2 Natural Resource Conservation Commission. 2-3 (c) Notwithstanding Subsection (a) of this section, the 2-4 following provisions prevail over a conflicting or inconsistent 2-5 provision in this Act: 2-6 (1) Sections 36.1071-36.108, Water Code; 2-7 (2) Sections 36.159-36.161, Water Code; and 2-8 (3) Subchapter I, Chapter 36, Water Code. 2-9 SECTION 5. BOARD OF DIRECTORS. (a) The district is 2-10 governed by a board of five directors. 2-11 (b) Temporary directors serve until initial directors are 2-12 elected under Section 7 of this Act. 2-13 (c) Initial directors serve until permanent directors are 2-14 elected under Section 8 of this Act. 2-15 (d) Permanent directors serve staggered four-year terms. 2-16 (e) Each director must qualify to serve as director in the 2-17 manner provided by Section 36.055, Water Code. 2-18 (f) A person is not eligible to serve as an initial or 2-19 permanent director unless the person owns land in the district. 2-20 (g) A director serves until the director's successor has 2-21 qualified. 2-22 (h) If there is a vacancy on the board, the remaining 2-23 directors shall appoint a director to serve the remainder of the 2-24 term. 2-25 SECTION 6. METHOD OF ELECTING DIRECTORS. (a) The directors 2-26 of the district shall be elected according to the commissioners 3-1 precinct method as provided by this section. 3-2 (b) One director shall be elected by the voters of the 3-3 entire district and one director shall be elected from each county 3-4 commissioners precinct by the voters of that precinct. 3-5 (c) To be qualified as a candidate for or to serve as 3-6 director at large, a person must be a registered voter in the 3-7 district. To be a candidate for or to serve as director from a 3-8 county commissioners precinct, a person must be a registered voter 3-9 of that precinct. 3-10 (d) A person shall indicate on the application for a place 3-11 on the ballot: 3-12 (1) the precinct that the person seeks to represent; 3-13 or 3-14 (2) that the person seeks to represent the district at 3-15 large. 3-16 (e) At the first election after the county commissioners 3-17 precincts are redrawn under Section 18, Article V, Texas 3-18 Constitution, four new directors shall be elected to represent the 3-19 newly redrawn precincts. The directors elected shall draw lots to 3-20 determine which two newly elected directors serve two-year terms 3-21 and which two directors serve four-year terms. 3-22 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS ELECTION. 3-23 (a) The temporary board of directors shall call and hold an 3-24 election to confirm establishment of the district and to elect 3-25 initial directors. 3-26 (b) At the confirmation and initial directors election, the 4-1 temporary board of directors shall have placed on the ballot the 4-2 names of the persons serving as temporary directors who intend to 4-3 run for an initial director position and are qualified to be a 4-4 candidate under Section 6 of this Act together with the name of any 4-5 candidate filing for an initial director position and blank spaces 4-6 to write in the names of other persons. 4-7 (c) If the district is created at the election, the 4-8 temporary board of directors, at the time the vote is canvassed, 4-9 shall: 4-10 (1) declare the qualified person who receives the most 4-11 votes for each position to be elected as the initial director for 4-12 that position; and 4-13 (2) include the results of the initial directors 4-14 election in the district's election report to the Texas Natural 4-15 Resource Conservation Commission. 4-16 (d) Section 41.001(a), Election Code, does not apply to a 4-17 confirmation and initial directors election held as provided by 4-18 this section. 4-19 (e) Except as provided by this section, a confirmation and 4-20 initial directors election must be conducted as provided by 4-21 Sections 36.017(b)-(h), Water Code, and the Election Code. 4-22 (f) If the majority of the votes cast at an election held 4-23 under this section is against the confirmation of the district, the 4-24 temporary directors may not call another election under this 4-25 section before the first anniversary of that election. 4-26 SECTION 8. ELECTION OF PERMANENT DIRECTORS. (a) On a 5-1 uniform election date, as provided by Section 41.001(a), Election 5-2 Code, selected by the initial directors, of the second year after 5-3 the year in which the district is authorized to be created at a 5-4 confirmation election, an election shall be held in the district 5-5 for the election of directors from county commissioners precincts 5-6 one and three, each of whom shall serve a two-year term, and 5-7 directors from county commissioners precincts two and four and the 5-8 director at large, each of whom shall serve a four-year term. 5-9 (b) On the uniform election date selected under Subsection 5-10 (a) of this section of each subsequent second year following the 5-11 election, the appropriate number of directors shall be elected to 5-12 the board, each of whom shall serve a four-year term. 5-13 SECTION 9. LIMITATION ON TAXATION. The district may not 5-14 impose an ad valorem tax at a rate that exceeds five cents on the 5-15 $100 valuation of taxable property in the district. 5-16 SECTION 10. STATUTORY INTERPRETATION. Except as otherwise 5-17 provided by this Act, if there is a conflict between this Act and 5-18 Chapter 36, Water Code, this Act controls. 5-19 SECTION 11. CHANGE OF DISTRICT NAME. The board of directors 5-20 may change the district's name when the district annexes territory. 5-21 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 5-22 (a) The proper and legal notice of the intention to introduce this 5-23 Act, setting forth the general substance of this Act, has been 5-24 published as provided by law, and the notice and a copy of this Act 5-25 have been furnished to all persons, agencies, officials, or 5-26 entities to which they are required to be furnished by the 6-1 constitution and other laws of this state, including the governor, 6-2 who has submitted the notice and Act to the Texas Natural Resource 6-3 Conservation Commission. 6-4 (b) The Texas Natural Resource Conservation Commission has 6-5 filed its recommendations relating to this Act with the governor, 6-6 lieutenant governor, and speaker of the house of representatives 6-7 within the required time. 6-8 (c) All requirements of the constitution and laws of this 6-9 state and the rules and procedures of the legislature with respect 6-10 to the notice, introduction, and passage of this Act are fulfilled 6-11 and accomplished. 6-12 SECTION 13. EFFECTIVE DATE; EXPIRATION. (a) This Act takes 6-13 effect September 1, 2001. 6-14 (b) If the creation of the district is not confirmed at a 6-15 confirmation election held under Section 7 of this Act before 6-16 September 1, 2003, this Act expires on that date. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1764 passed the Senate on May 4, 2001, by a viva-voce vote; and that the Senate concurred in House amendment on May 25, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1764 passed the House, with amendment, on May 23, 2001, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor