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                                  * * * * *