80R4992 SGA-D

By: King of Parker H.B. No. 4051

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Parker-Wise Groundwater Conservation District.

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 8814 to read as follows: CHAPTER 8814. PARKER-WISE GROUNDWATER CONSERVATION DISTRICT SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8814.001. 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 Parker-Wise Groundwater Conservation District.

Sec. 8814.002. NATURE OF DISTRICT. The district is a groundwater conservation district in Parker and Wise Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Sec. 8814.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8814.023 before September 1, 2011:

(1) the district is dissolved on September 1, 2011, except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of debts shall be transferred to each county in proportion to the contribution of money made; and

(C) the organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

Sec. 8814.004. INITIAL DISTRICT TERRITORY. (a) Except as provided by Subsection (b), the initial boundaries of the district are coextensive with the boundaries of Parker and Wise Counties.

(b) If the creation of the district is not confirmed by the voters of a county at an election held under Section 8814.023, that county is not included in the district.

Sec. 8814.005. APPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW. Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district. [Sections 8814.006-8814.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 8814.021. TEMPORARY DIRECTORS. (a) Not later than the 45th day after the effective date of the Act creating this chapter, temporary directors shall be appointed in the same manner as provided by Section 8814.052(a) for permanent directors.

(b) If the voters of only one county do not confirm the creation of the district under Section 8814.023:

(1) the directors appointed from that county and the director appointed jointly by the commissioners courts of both counties are not eligible to serve as directors of the district; and

(2) the commissioners court of the county in which the creation of the district is confirmed shall appoint one additional director from the county at large.

(c) If the voters of neither of the counties confirm the creation of the district under Section 8814.023, the temporary directors may hold a second confirmation election not sooner than the first anniversary of the initial election.

(d) If there is a vacancy on the temporary board of directors, the commissioners court of the county that appointed the director who vacated the position, or the commissioners courts of both counties in the case of a vacancy in the position held by a jointly appointed director, shall appoint a person to fill the vacancy.

(e) Temporary directors serve until the earlier of:

(1) the time the temporary directors become initial directors as provided by Section 8814.024; or

(2) the date this chapter expires under Section 8814.003.

Sec. 8814.022. 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 in the district agreeable to a majority of the directors.

Sec. 8814.023. CONFIRMATION ELECTION. (a) The temporary directors shall hold an election on the same date in Parker and Wise Counties to confirm the creation of the district.

(b) Except as provided by this section, a confirmation election must be conducted as provided by Sections 36.017, 36.018, and 36.019, Water Code, and by the Election Code. The provisions of Section 36.017(d), Water Code, relating to the levying of a maintenance tax and the election of permanent directors do not apply to a confirmation election under this section. Section 36.017(h), Water Code, does not apply to an initial confirmation election under this section.

Sec. 8814.024. INITIAL DIRECTORS. (a) If creation of the district is confirmed at an election held under Section 8814.023, the temporary directors of the district become the initial directors of the district and serve on the board of directors until permanent directors are appointed under Section 8814.052.

(b) If the district has nine initial directors:

(1) the terms of four initial directors expire June 1 of the first even-numbered year after the year in which the creation of the district is confirmed at an election held under Section 8814.023; and

(2) the terms of five initial directors, including the director who was appointed jointly by the two counties, expire June 1 of the second even-numbered year after the year in which the creation of the district is confirmed at an election held under Section 8814.023.

(c) If the district has five initial directors:

(1) the terms of two initial directors expire June 1 of the first even-numbered year after the year in which the creation of the district is confirmed at an election held under Section 8814.023; and

(2) the terms of three initial directors expire June 1 of the second even-numbered year after the year in which the creation of the district is confirmed at an election held under Section 8814.023.

(d) The initial directors, excluding the director appointed jointly by the counties, if applicable, shall draw lots to determine their terms.

Sec. 8814.025. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014. [Sections 8814.026-8814.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8814.051. GOVERNING BODY. The district is governed by a board of directors, which initially shall consist of five or nine directors, appointed as provided by Section 8814.052.

Sec. 8814.052. APPOINTMENT OF DIRECTORS. (a) If the voters in Parker and Wise Counties confirm the creation of the district, nine directors shall be appointed as follows:

(1) the Parker County Commissioners Court shall appoint one director from each of the county commissioners precincts in Parker County;

(2) the Wise County Commissioners Court shall appoint one director from each of the county commissioners precincts in Wise County; and

(3) the commissioners courts of Parker and Wise Counties shall jointly appoint one director from the district at large.

(b) If the voters in only one county confirm the creation of the district, five directors shall be appointed by the commissioners court of the county as follows:

(1) one director from each of the county commissioners precincts in that county; and

(2) one director from the county at large.

Sec. 8814.053. TERMS. Directors serve staggered four-year terms, with the terms of as near to one-half of the directors as possible expiring June 1 of each even-numbered year.

Sec. 8814.054. VACANCY; RULES. (a) If there is a vacancy on the board, the commissioners court of the county that appointed the director who vacated the position, or the commissioners courts of both counties in the case of a vacancy in the position held by a jointly appointed director, shall appoint a director to serve the remainder of the term.

(b) The board shall adopt rules to establish when a vacancy has occurred. [Sections 8814.055-8814.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8814.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. Except as provided by this chapter, the district has the powers 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.

Sec. 8814.102. TAXES PROHIBITED. The district may not impose a tax.

Sec. 8814.103. LIMIT ON ISSUANCE OF BONDS. The district may not issue any bonds or other obligations that pledge revenue derived from district taxation.

Sec. 8814.104. REPORTING OF WATER WITHDRAWAL BY ENTITY USING WATER FOR OIL OR GAS ACTIVITIES. Each entity that drills or operates a water well in the district that is used for activities related to the exploration or production of oil or gas shall report to the district in the manner provided by district rules the amount of water withdrawn from the well.

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, 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 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, 2007.