By: Bonnen (Senate Sponsor - Jackson) H.B. No. 3602
(In the Senate - Received from the House May 24, 2003;
May 24, 2003, read first time and referred to Committee on Natural
Resources; May 26, 2003, reported favorably by the following vote:
Yeas 7, Nays 0; May 26, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Brazoria County Groundwater
Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION. (a) A groundwater conservation
district, to be known as the Brazoria County Groundwater
Conservation District, is created in Brazoria County, subject to
approval at a confirmation election under Section 9 of this Act.
The district is a governmental agency and a body politic and
corporate.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
SECTION 2. DEFINITION. In this Act, "district" means the
Brazoria County Groundwater Conservation District.
SECTION 3. BOUNDARIES. The boundaries of the district are
coextensive with the boundaries of Brazoria County, Texas.
SECTION 4. FINDING OF BENEFIT. All of the land and other
property included within the boundaries of the district will be
benefited by the works and projects that are to be accomplished by
the district under powers conferred by Section 59, Article XVI,
Texas Constitution. The district is created to serve a public use
and benefit.
SECTION 5. GENERAL POWERS. Except as provided by Section
11 of this Act, the district has all of the rights, powers,
privileges, authority, functions, and duties provided by the
general law of this state, including Chapter 36, Water Code,
applicable to groundwater conservation districts created under
Section 59, Article XVI, Texas Constitution. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 6. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Temporary directors serve until initial directors are
elected under Section 9 of this Act.
(c) Initial directors serve until permanent directors are
elected under Section 10 of this Act.
(d) Permanent directors serve staggered four-year terms.
(e) Each director must qualify to serve as director in the
manner provided by Section 36.055, Water Code.
(f) A director serves until the director's successor has
qualified.
SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
directors consists of:
(1) four members appointed by the Brazoria County
Commissioners Court; and
(2) Dennis Ray Davenport, who shall serve as the
presiding officer.
(b) If a temporary director fails to qualify for office or
vacates the office before initial directors are elected, the
Brazoria County Commissioners Court shall appoint a new person to
fill the vacancy.
SECTION 8. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (a) The directors of the district shall be elected
according to the commissioners precinct method as provided by this
section.
(b) One director shall be elected by the voters of the
entire district, and one director shall be elected from each county
commissioners precinct by the voters of that precinct.
(c) To be eligible to be a candidate for or to serve as
director at large, a person must be a registered voter in the
district. To be a candidate for or to serve as director from a
county commissioners precinct, a person must be a registered voter
of that precinct.
(d) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(e) When the boundaries of the county commissioners
precincts are redrawn under Section 18, Article V, Texas
Constitution, a director in office on the effective date of the
change, or elected or appointed before the effective date of the
change to a term of office beginning on or after the effective date
of the change, shall serve the term or the remainder of the term in
the precinct to which elected or appointed even though the change in
boundaries places the person's residence outside the precinct for
which the person was elected or appointed.
SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary board of directors shall call and hold an
election to confirm establishment of the district and to elect
initial directors.
(b) At the confirmation and initial directors' election,
the temporary board of directors shall have placed on the ballot the
name of any candidate filing for an initial director's position and
blank spaces to write in the names of other persons. A temporary
director who is eligible to be a candidate under Section 8 may file
for an initial director's position.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held as provided by
this section.
(d) Except as provided by this section, a confirmation and
initial directors' election must be conducted as provided by
Sections 36.017(b)-(h), Water Code, and the Election Code.
SECTION 10. ELECTION OF DIRECTORS. (a) On the first
Tuesday after the first Monday in November of the first
even-numbered year after the year in which the district is
authorized to be created at a confirmation election, an election
shall be held in the district for the election of three directors to
serve four-year terms and two directors to serve two-year terms.
(b) On the first Tuesday after the first Monday in November
of each subsequent second year following the election, the
appropriate number of directors shall be elected.
SECTION 11. LIMITATIONS ON POWERS. (a) The district may
not for any purpose:
(1) impose a property tax;
(2) exercise the power of eminent domain;
(3) acquire land;
(4) issue or sell bonds; or
(5) purchase, sell, transport, or distribute surface
water or groundwater.
(b) For a water well on private property that is used only
for personal or agricultural purposes in Brazoria County, or to
otherwise benefit the land on which the well is located, the
district may not:
(1) impose a tax of any type;
(2) assess or collect a fee of any type; or
(3) require that a meter be placed on the well.
SECTION 12. FEE ON GROUNDWATER TRANSFERRED OUT OF DISTRICT.
The district may impose a reasonable export fee on groundwater
transferred out of the district.
SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The proper and legal notice of the intention to introduce this
Act, setting forth the general substance of this Act, has been
published as provided by law, and the notice and a copy of this Act
have been furnished to all persons, agencies, officials, or
entities to which they are required to be furnished by the
constitution and other laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality.
(b) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(c) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to notice, introduction, and passage of this Act are fulfilled and
accomplished.
SECTION 14. REPEALER. Chapter 1475, Acts of the 77th
Legislature, Regular Session, 2001, is repealed.
SECTION 15. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
takes effect September 1, 2003.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 9 of this Act before
December 31, 2006, this Act expires on that date.
* * * * *