By: Morrison H.B. No. 3423
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Victoria County Groundwater
Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. CREATION. A groundwater conservation district
to be known as the Victoria County Groundwater Conservation
District is created in Victoria County under Article XVI, § 59,
Texas Constitution, subject to approval at a confirmation election
under Section 7 of this Act. The district is a governmental agency
and a body politic and corporate.
SECTION 2. DEFINITIONS.
(a) "District" means the Victoria County Groundwater
District.
(b) "Board" means the district's board of directors.
SECTION 3. LEGISLATIVE FINDINGS.
(a) the organization of the district is feasible and
practicable;
(b) all of the land to be included in, and the residents of,
the district will be benefited by the creation of the district;
(c) there is public necessity for the district; and
(d) the creation of the district will provide a benefit and
utility to the public.
SECTION 4. BOUNDARIES. The district is composed of all the
territory located within Victoria County.
SECTION 5. APPLICATION OF CHAPTER 36, WATER CODE; GENERAL
POWERS AND DUTIES. Except to the extent of any conflict with this
Act or as specifically limited by this Act, the district is governed
by and subject to Chapter 36, Water Code, and may exercise the
powers contained in this chapter, including the power to issue
bonds and levy and collect taxes, not to exceed two cents on the
$100 valuation of taxable property in the district, upon approval
of the voters at the election provided in Section 7 of this Act. The
district shall not exercise the power of eminent domain provided by
Section 36.105, Water Code.
SECTION 6. TEMPORARY DIRECTORS.
(a) Not later than ten (10) days after the effective date of
this Act, Victoria County Commissioners Court shall appoint five
(5) persons to serve as temporary directors of the district. One
director shall be appointed from each county commissioner precinct
and one director shall be appointed from the county at large.
(b) If a temporary director fails to qualify for office or
if a vacancy occurs in the office of temporary director for any
reason, the remaining temporary directors shall select a qualified
person to fill the vacancy. If, at any time, there are fewer than
three qualified temporary directors, the Victoria County
Commissioners Court shall appoint the necessary number of persons
to fill all vacancies on the board.
(c) The temporary directors shall select from their members
persons to serve as chairman, vice-chairman, and secretary.
(d) The temporary directors shall serve until they shall
have declared the district created, at which time they become the
initial directors of the district pursuant to Section 9 of this Act.
(e) To be qualified to serve as a temporary director, a
person must be a resident of Victoria County and at least 18 years
of age.
SECTION 7. CREATION ELECTION.
(a) Not later than the 30th day after the effective date of
this Act, and without the necessity of having a petition presented,
the temporary directors shall meet and shall call an election to be
held not later than the 120th day after the effective date of this
Act within the boundaries of the proposed district to approve the
creation of the district.
(b) Section 41.001(a), Election Code, does not apply to an
election called under this section.
(c) The ballot for the election shall be printed to provide
for or against the following propositions:
(1) the creation of the Victoria County Groundwater
Conservation District; and
(2) the levy and collection of a property tax in the
district, not to exceed two cents on the $100 valuation of taxable
property in the district.
(d) The temporary board may include other propositions on
the ballot that it considers necessary.
(e) If a majority of votes cast at the election favor the
creation of the district, the temporary directors shall declare the
district created. If a majority of the votes cast at the election
are against the creation of the district, the temporary directors
shall declare the district defeated. The temporary directors shall
file a copy of the election results with the Texas Commission on
Environmental Quality.
(f) If the creation of the district is defeated, further
elections may be called and held after the first anniversary of the
most recent creation election. If the district is not created
within five years after the effective date of this Act, this Act
expires.
SECTION 8. INITIAL DIRECTORS.
(a) On approval of the creation of the district under
Section 7 of this Act, the temporary directors become the initial
directors of the district and shall serve on the board for terms as
provided by Subsection (b) of this section.
(b) The persons serving as directors for Precincts 1 and 3
shall serve as directors until the first regular meeting of the
board following the first regular directors' election for Precincts
1 and 3. The persons serving as directors for Precincts 2 and 4 and
the director serving at large shall serve until the first regular
meeting of the board following the second regular directors'
election for Precincts 2 and 4 and the director serving at large.
(c) If, for any reason, an elected director shall not be
qualified to take office at the first regular meeting of the board
following his or her election, the initial director for that
precinct shall continue to serve until a successor shall have been
qualified.
SECTION 9. BOARD OF DIRECTORS.
(a) The board of directors of the district is composed of
five members.
(b) One member shall be elected from each county
commissioner precinct in Victoria County by the voters of that
precinct, and one director shall be elected from Victoria County at
large.
(c) A vacancy in the office of director shall be filled by
appointment of the board until the next election for directors. If
the position is not scheduled to be filled at the election, the
person elected to fill the position shall serve only for the
remainder of the unexpired term.
SECTION 10. ELECTION OF REGULAR DIRECTORS. Beginning in
the first even numbered year following the creation election, an
election shall be held on the first Tuesday after the first Monday
election date in November every two years to elect the appropriate
number of directors to the board. At the first election, directors
for Precincts 1 and 3 shall be elected. At the next election,
directors for Precincts 2 and 4 and the at-large director shall be
elected.
SECTION 11. QUALIFICATIONS OF BOARD MEMBERS.
(a) To be qualified for election as a director, a person
must be a resident of the district and must be at least 18 years of
age.
(b) In addition to the requirements of Subsection (a) of
this section, a person who is an elected director from a county
commissioners precinct must be a resident of that precinct.
SECTION 12. TERM OF OFFICE. Except for the temporary and
initial directors of the district, directors shall serve for terms
of four years.
SECTION 13. LIMITATION ON TAXATION. The district may not
impose an ad valorem tax at a rate that exceeds two cents on the $100
valuation of taxable property in the district.
SECTION 14. 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 the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 15. REPEALER. Chapter 1332, Acts of the 77th
Legislature, Regular Session, 2001, is hereby repealed.
SECTION 16. This Act takes effect September 1, 2005.