By:  Estes                                                        S.B. No. 1729

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Clay County Groundwater Conservation District; providing authority to impose a tax and issue bonds; providing penalties. 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) "Director" means a member of the board. (3) "District" means the Clay County Groundwater Conservation District. SECTION 2. CREATION. A groundwater conservation district, to be known as the Clay County Groundwater Conservation District, is created in Clay County, subject to approval at a confirmation election under Section 7 of this Act. SECTION 3. FINDINGS OF BENEFIT. (a) The district is created to serve a public use and benefit. (b) The district is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. (c) All land and other property included in the district will benefit from the works and projects that are to be accomplished by the district under powers conferred by Section 59, Article XVI, Texas Constitution. SECTION 4. CONTINUING PROVISIONS OF DISTRICT. Subtitle H, Title 6, Special District Local Laws Code, is amended by adding Chapter 8806 to read as follows:
CHAPTER 8806. CLAY COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8806.001. DEFINITIONS. In this chapter (1) "Board" means the board of directors of the district. (2) "Director" means a member of the board. (3) "District" means the Clay County Groundwater Conservation District. Sec. 8806.002. NATURE OF DISTRICT. The district is a groundwater conservation district in Clay County created under Section 59, Article XVI, Texas Constitution. Sec. 8806.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held before September 1, 2007, as provided in the Act creating this chapter, this chapter expires. Sec. 8806.004. DISTRICT TERRITORY. The boundaries of the district are coextensive with the boundaries of Clay County, Texas.
[Sections 8806.005--8806.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8806.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors. (b) Directors serve staggered four-year terms. (c) A director may serve consecutive terms. Sec. 8806.052. 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), 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 after each federal decennial census to reflect population changes, a director in office on the effective date of the change, or a director elected or appointed before the places the person residence outside the precinct for which the person was elected or appointed effective date of the change whose term of office begins on or after the effective date of the change, shall serve 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. Sec. 8806.053. 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 May of each even-numbered year.
[Sections 8806.054--8806.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8806.101. GENERAL POWERS AND DUTIES. 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, 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 confirmation election provided in Section 7 of this Act. Sec. 8806.102. RESTRICTION ON POWERS. The district shall not impose any restriction, permit, or fee upon the rights, powers, and authority under the terms of the certificate of need granted to the Dean Dale Water Supply Corporation prior to the creation of the district. SECTION 5. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On the effective date of this Act, the following persons are designated as temporary directors of the district: (1) Precinct 1: Dusty Rhodes (2) Precinct 2: Tim Montz (3) Precinct 3: Leonard Phillips (4) Precinct 4: Keith Davis (5) At large: George Slagle (b) If there is a vacancy on the temporary board of directors of the district, the remaining temporary directors shall appoint a person to fill the vacancy. (c) Temporary directors serve until temporary directors become initial directors as provided by Section 8 of this Act or this Act expires under Section 11, whichever occurs earlier. SECTION 6. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 36.055, Water Code, a majority of the temporary directors shall convene the organizational meeting of the district at a location within the district agreeable to a majority of the directors. If no location can be agreed upon, the organizational meeting shall be at the Clay County Courthouse. SECTION 7. CONFIRMATION ELECTION. (a) The temporary directors shall hold an election to confirm the creation of the district. (b) Section 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section. (c) 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. The provision under Section 1536.017(d), Water Code, relating to the election of permanent directors does not apply to a confirmation election under this section. (d) If the establishment of the district is not confirmed at an election held under this section before September 1, 2007, the district is dissolved, except that: (1) any debts incurred shall be paid; (2) any assets that remain after the payment of debts shall be transferred to Clay County; and (3) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred. SECTION 8. INITIAL DIRECTORS. (a) If creation of the district is confirmed at an election held under Section 7 of this Act, the temporary directors of the district become the initial directors of the district and serve on the board of directors until permanent directors are elected under Section 9 of this Act. (b) The initial directors for county precincts 2 and 3 serve until the first regularly scheduled election of directors under Section 9 of this Act, and the initial directors for county precincts 1 and 4 and the initial director representing the district at large serve until the second regularly scheduled election of directors. SECTION 9. ELECTION OF PERMANENT DIRECTORS. (a) On the uniform election date prescribed by Section 41.001, Election Code, 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 for the election of two directors to replace the initial directors for county precincts 2 and 3. (b) on the uniform election date prescribed by Section 41.001, Election Code, in May of each subsequent even-numbered year, the appropriate number of directors shall be elected. SECTION 10. 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 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 and accomplished. SECTION 11. CONTINGENT EXPIRATION OF ACT. (a) If the creation of the district is not confirmed at a confirmation election held under Section 7 of this Act before September 1, 2007, this Act expires on that date. (b) The expiration of this Act does not affect the liability of the district to pay any debt incurred or the transfer of any assets remaining to Clay County as required by Section 7(d) of this Act. SECTION 12. EFFECTIVE DATE. 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.