78R15718 QS-D
By: Hughes H.B. No. 3635
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Upshur Groundwater Conservation
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Upshur Groundwater
Conservation District.
SECTION 2. CREATION. (a) A groundwater conservation
district, to be known as the Upshur Groundwater Conservation
District, is created in Upshur County, subject to approval at a
confirmation election under Section 11 of this Act.
(b) The district is a governmental agency and a political
subdivision of this state.
SECTION 3. AUTHORITY FOR CREATION. The district is created
under and is essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
SECTION 4. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) 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.
SECTION 5. BOUNDARIES. The boundaries of the district are
coextensive with the boundaries of Upshur County, Texas.
SECTION 6. GENERAL POWERS. 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.
SECTION 7. APPLICABILITY OF OTHER LAW. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
SECTION 8. 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 11 of this Act.
(c) Initial directors serve until the election of permanent
directors under Section 12 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.
SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board
consists of five members appointed by the commissioners court of
Upshur County.
(b) If a temporary director fails to qualify for office, the
commissioners court of Upshur County shall appoint a person to fill
the vacancy.
SECTION 10. 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) Except as provided by Subsection (e) of this section, 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 11. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
(a) The temporary board shall 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 shall have placed on the ballot the name of any
candidate who files 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 10 may file for an
initial director's position.
(c) The initial directors elected shall draw lots to
determine which two directors shall serve terms lasting until the
first regularly scheduled directors election under Section 12 of
this Act and which three shall serve until the second regularly
scheduled directors election.
(d) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors election held under this
section.
(e) Except as provided by this section, a confirmation and
initial directors election must be conducted as provided by
Sections 36.017(b)-(i), Water Code, and the Election Code.
SECTION 12. ELECTION OF DIRECTORS. (a) On the first
Saturday in May 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 to elect two
directors.
(b) On the first Saturday in May of each subsequent
even-numbered year, the appropriate number of directors shall be
elected.
SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The 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 under Section 59, Article XVI,
Texas Constitution, and Chapter 313, Government Code.
(b) The governor has submitted the notice and Act to the
commission.
(c) The commission has filed its recommendations relating
to this Act with the governor, lieutenant governor, and speaker of
the house of representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 14. 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 11 of this Act before
September 1, 2005, this Act expires on that date.