H.B. No. 3568
relating to the creation of the San Patricio County Groundwater
Conservation District; providing authority to impose a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle H, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8817 to read as follows:
CHAPTER 8817. SAN PATRICIO COUNTY GROUNDWATER
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8817.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
(2) "Director" means a member of the board.
(3) "District" means the San Patricio County
Groundwater Conservation District.
Sec. 8817.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in San Patricio County created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Sec. 8817.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held before September 1, 2007:
(1) the district is dissolved on September 1, 2007,
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to San Patricio County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
(2) this chapter expires on September 1, 2010.
Sec. 8817.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
San Patricio County, Texas.
Sec. 8817.005. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. Except as otherwise provided by this
chapter, Chapter 36, Water Code, applies to the district.
Sec. 8817.006. CREATION OF AQUIFER STORAGE AND RECOVERY
CONSERVATION DISTRICTS IN SAN PATRICIO COUNTY. (a) This chapter
does not preclude the creation of an aquifer storage and recovery
conservation district in San Patricio County.
(b) The district may not limit or restrict an aquifer
storage and recovery conservation district from recovering water
stored by the aquifer storage and recovery conservation district in
a municipal aquifer storage area located in the district.
(c) To the extent that the boundaries of the aquifer storage
and recovery conservation district and the district overlap, the
power and authority of the two districts are joint and coextensive.
[Sections 8817.007-8817.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8817.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
Not later than the 30th day after the effective date of the Act
creating this chapter, the San Patricio County Commissioners Court
shall appoint five temporary directors and enter the appointments
in the minutes of the court.
(b) If a temporary director fails to qualify for office or
if there is a vacancy on the temporary board of directors of the
district, the county commissioners shall appoint a person to fill
(c) Temporary directors serve until the earlier of:
(1) the time initial directors are elected as provided
by Section 8817.022; or
(2) the date this chapter expires under Section
Sec. 8817.022. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and elect seven initial
(b) At the confirmation and initial directors' election,
the temporary 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 may file for an initial director's
(c) Section 41.001(a), Election Code, does not apply to a
confirmation election held as provided by this section.
(d) Except as provided by this section, a confirmation
election must be conducted as provided by Sections 36.017(b)-(i),
Water Code, and the Election Code.
(e) If the district is confirmed at the election, the
temporary directors, at the time the vote is canvassed, shall
declare the qualified person who receives the most votes for each
position to be elected as an initial director for that position and
shall include the results of the initial directors' election in the
district's election report to the Texas Commission on Environmental
Sec. 8817.023. FIRST ELECTION OF PERMANENT DIRECTORS. On
the first uniform election date prescribed by Section 41.001,
Election Code, in November of an even-numbered year that is at least
six months after the date on 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 permanent directors to serve a
term expiring November 15 following the first election under
Section 8817.052 and four permanent directors to serve a term
expiring November 15 following the second election under that
Sec. 8817.024. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8817.025-8817.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8817.051. DIRECTORS; TERMS. (a) The district is
governed by a board of seven directors.
(b) Directors serve staggered four-year terms, with three
or four directors' terms expiring November 15 of each even-numbered
(c) Newly elected permanent directors take office at the
first regular meeting of the board after the vote is canvassed.
(d) The board shall adopt rules and procedures for the
appointment of a permanent director to fill a vacancy or to complete
an unexpired term.
Sec. 8817.052. ELECTION DATE. The district shall hold an
election to elect the appropriate number of directors on the
uniform election date prescribed by Section 41.001, Election Code,
in November of each even-numbered year.
[Sections 8817.053–8817.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8817.101. GENERAL POWERS AND DUTIES. Except as
provided by Section 8817.006, 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.
[Sections 8817.102-8817.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8817.151. LIMITATION ON TAXES. The district may not
levy ad valorem taxes at a rate that exceeds five cents on each $100
of assessed valuation of taxable property in the district.
SECTION 2. (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,
(b) The governor has submitted the notice and Act to the
Texas Commission on Environmental Quality.
(c) 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.
(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
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 3568 was passed by the House on May
20, 2005, by the following vote: Yeas 139, Nays 0, 2 present, not
Chief Clerk of the House
I certify that H.B. No. 3568 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate