1-1 By: Zaffirini S.B. No. 1764 1-2 (In the Senate - Filed March 16, 2001; March 20, 2001, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 30, 2001, reported favorably by the following vote: Yeas 4, 1-5 Nays 0; April 30, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the ratification of the creation of the McMullen 1-9 Groundwater Conservation District and to the administration, 1-10 powers, duties, operation, and financing of the district. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. RATIFICATION OF CREATION. The creation by 1-13 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, 1-14 of the McMullen Groundwater Conservation District in McMullen 1-15 County is ratified as required by Section 15(a) of that chapter, 1-16 subject to approval at a confirmation election under Section 7 of 1-17 this Act. 1-18 SECTION 2. DEFINITION. In this Act, "district" means the 1-19 McMullen Groundwater Conservation District. 1-20 SECTION 3. BOUNDARIES. The boundaries of the district are 1-21 coextensive with the boundaries of McMullen County. 1-22 SECTION 4. GENERAL POWERS. (a) The district has all of the 1-23 rights, powers, privileges, authority, functions, and duties 1-24 provided by the general law of this state, including Chapter 36, 1-25 Water Code, applicable to groundwater conservation districts 1-26 created under Section 59, Article XVI, Texas Constitution. This 1-27 Act prevails over any provision of general law that is in conflict 1-28 or inconsistent with this Act, including any provision of Chapter 1-29 1331, Acts of the 76th Legislature, Regular Session, 1999. 1-30 (b) The rights, powers, privileges, authority, functions, 1-31 and duties of the district are subject to the continuing right of 1-32 supervision of the state to be exercised by and through the Texas 1-33 Natural Resource Conservation Commission. 1-34 (c) Notwithstanding Subsection (a) of this section, the 1-35 following provisions prevail over a conflicting or inconsistent 1-36 provision in this Act: 1-37 (1) Sections 36.1071-36.108, Water Code; 1-38 (2) Sections 36.159-36.161, Water Code; and 1-39 (3) Subchapter I, Chapter 36, Water Code. 1-40 SECTION 5. BOARD OF DIRECTORS. (a) The district is 1-41 governed by a board of five directors. 1-42 (b) Temporary directors serve until initial directors are 1-43 elected under Section 7 of this Act. 1-44 (c) Initial directors serve until permanent directors are 1-45 elected under Section 8 of this Act. 1-46 (d) Permanent directors serve staggered four-year terms. 1-47 (e) Each director must qualify to serve as director in the 1-48 manner provided by Section 36.055, Water Code. 1-49 (f) A person is not eligible to serve as an initial or 1-50 permanent director unless the person owns land in the district. 1-51 (g) A director serves until the director's successor has 1-52 qualified. 1-53 (h) If there is a vacancy on the board, the remaining 1-54 directors shall appoint a director to serve the remainder of the 1-55 term. 1-56 SECTION 6. METHOD OF ELECTING DIRECTORS. (a) The directors 1-57 of the district shall be elected according to the commissioners 1-58 precinct method as provided by this section. 1-59 (b) One director shall be elected by the voters of the 1-60 entire district and one director shall be elected from each county 1-61 commissioners precinct by the voters of that precinct. 1-62 (c) To be qualified as a candidate for or to serve as 1-63 director at large, a person must be a registered voter in the 1-64 district. To be a candidate for or to serve as director from a 2-1 county commissioners precinct, a person must be a registered voter 2-2 of that precinct. 2-3 (d) A person shall indicate on the application for a place 2-4 on the ballot: 2-5 (1) the precinct that the person seeks to represent; 2-6 or 2-7 (2) that the person seeks to represent the district at 2-8 large. 2-9 (e) At the first election after the county commissioners 2-10 precincts are redrawn under Section 18, Article V, Texas 2-11 Constitution, four new directors shall be elected to represent the 2-12 newly redrawn precincts. The directors elected shall draw lots to 2-13 determine which two newly elected directors serve two-year terms 2-14 and which two directors serve four-year terms. 2-15 SECTION 7. CONFIRMATION AND INITIAL DIRECTORS ELECTION. 2-16 (a) The temporary board of directors shall call and hold an 2-17 election to confirm establishment of the district and to elect 2-18 initial directors. 2-19 (b) At the confirmation and initial directors election, the 2-20 temporary board of directors shall have placed on the ballot the 2-21 names of the persons serving as temporary directors who intend to 2-22 run for an initial director position and are qualified to be a 2-23 candidate under Section 6 of this Act together with the name of any 2-24 candidate filing for an initial director position and blank spaces 2-25 to write in the names of other persons. 2-26 (c) If the district is created at the election, the 2-27 temporary board of directors, at the time the vote is canvassed, 2-28 shall: 2-29 (1) declare the qualified person who receives the most 2-30 votes for each position to be elected as the initial director for 2-31 that position; and 2-32 (2) include the results of the initial directors 2-33 election in the district's election report to the Texas Natural 2-34 Resource Conservation Commission. 2-35 (d) Section 41.001(a), Election Code, does not apply to a 2-36 confirmation and initial directors election held as provided by 2-37 this section. 2-38 (e) Except as provided by this section, a confirmation and 2-39 initial directors election must be conducted as provided by 2-40 Sections 36.017(b)-(h), Water Code, and the Election Code. 2-41 (f) If the majority of the votes cast at an election held 2-42 under this section is against the confirmation of the district, the 2-43 temporary directors may not call another election under this 2-44 section before the first anniversary of that election. 2-45 SECTION 8. ELECTION OF PERMANENT DIRECTORS. (a) On the 2-46 first Saturday in October of the second year after the year in 2-47 which the district is authorized to be created at a confirmation 2-48 election, an election shall be held in the district for the 2-49 election of directors from county commissioners precincts one and 2-50 three, each of whom shall serve a two-year term, and directors from 2-51 county commissioners precincts two and four and the director at 2-52 large, each of whom shall serve a four-year term. 2-53 (b) On the first Saturday in October of each subsequent 2-54 second year following the election, the appropriate number of 2-55 directors shall be elected to the board, each of whom shall serve a 2-56 four-year term. 2-57 SECTION 9. LIMITATION ON TAXATION. The district may not 2-58 impose an ad valorem tax at a rate that exceeds five cents on the 2-59 $100 valuation of taxable property in the district. 2-60 SECTION 10. STATUTORY INTERPRETATION. Except as otherwise 2-61 provided by this Act, if there is a conflict between this Act and 2-62 Chapter 36, Water Code, this Act controls. 2-63 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 2-64 (a) The proper and legal notice of the intention to introduce this 2-65 Act, setting forth the general substance of this Act, has been 2-66 published as provided by law, and the notice and a copy of this Act 2-67 have been furnished to all persons, agencies, officials, or 2-68 entities to which they are required to be furnished by the 2-69 constitution and other laws of this state, including the governor, 3-1 who has submitted the notice and Act to the Texas Natural Resource 3-2 Conservation Commission. 3-3 (b) The Texas Natural Resource Conservation Commission has 3-4 filed its recommendations relating to this Act with the governor, 3-5 lieutenant governor, and speaker of the house of representatives 3-6 within the required time. 3-7 (c) All requirements of the constitution and laws of this 3-8 state and the rules and procedures of the legislature with respect 3-9 to the notice, introduction, and passage of this Act are fulfilled 3-10 and accomplished. 3-11 SECTION 12. EFFECTIVE DATE; EXPIRATION. (a) This Act takes 3-12 effect September 1, 2001. 3-13 (b) If the creation of the district is not confirmed at a 3-14 confirmation election held under Section 7 of this Act before 3-15 September 1, 2003, this Act expires on that date. 3-16 * * * * *