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