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.