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A BILL TO BE ENTITLED
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AN ACT
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relating to the Bee Groundwater Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8804 to read as follows: |
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CHAPTER 8804. BEE GROUNDWATER CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8804.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Bee Groundwater Conservation |
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District. |
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Sec. 8804.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Bee County created under |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 8804.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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(a) The district is created to serve a public use and benefit. |
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(b) All land and other property in the district will benefit |
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from the works and projects accomplished by the district under |
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powers conferred by Section 59, Article XVI, Texas Constitution. |
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(c) The creation of the district is essential to accomplish |
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the purposes of Section 59, Article XVI, Texas Constitution. |
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Sec. 8804.004. DISTRICT TERRITORY. The boundaries of the |
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district are coextensive with the boundaries of Bee County, except |
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for: |
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(1) the area in the municipal boundaries of the city of |
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Beeville as the boundaries existed on January 1, 1997; |
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(2) the area in the boundaries of the Pettus Municipal |
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Utility District as the boundaries existed on January 1, 1997; and |
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(3) the Tynan Water Corporation's service area on |
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January 1, 1997. |
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Sec. 8804.005. CONSTRUCTION OF CHAPTER. This chapter shall |
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be liberally construed to achieve the legislative intent and |
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purposes of Chapter 36, Water Code. A power granted by Chapter 36, |
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Water Code, or this chapter shall be broadly interpreted to achieve |
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that intent and those purposes. |
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[Sections 8804.006-8804.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8804.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of seven directors. |
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(b) Directors serve staggered four-year terms, with three |
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or four directors' terms expiring June 1 of each odd-numbered year. |
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(c) A director may serve consecutive terms. |
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Sec. 8804.052. ELIGIBILITY TO SERVE. (a) A person must |
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own land in the district to serve as a director. |
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(b) A person may not serve as a director if the person holds |
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another public office. |
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Sec. 8804.053. METHOD OF ELECTING DIRECTORS: SINGLE-MEMBER |
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DISTRICTS. (a) The board shall draw seven numbered single-member |
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districts for electing directors. The board may revise the |
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districts as necessary or appropriate. |
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(b) The board shall provide for one director to be elected |
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from each single-member district. A director elected from a |
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single-member district represents the residents of that |
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single-member district. |
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Sec. 8804.054. ELECTION DATE. The district shall hold an |
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election in the district to elect directors on the uniform election |
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date in May of each odd-numbered year. |
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[Sections 8804.055-8804.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8804.101. GROUNDWATER CONSERVATION DISTRICT POWERS |
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AND DUTIES. The district has the rights, powers, privileges, |
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functions, and duties provided by general law applicable to |
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groundwater conservation districts, including Chapter 36, Water |
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Code. |
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[Sections 8804.102-8804.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8804.151. AD VALOREM TAXES. The district may not |
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impose an ad valorem tax at a rate that exceeds five cents on the |
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$100 valuation of taxable property in the district. |
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SECTION 2. (a) The following actions of the Bee |
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Groundwater Conservation District are validated and confirmed in |
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all respects as if the actions had been done as authorized by law: |
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(1) all acts and proceedings of the district taken |
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before the effective date of this Act; and |
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(2) the election or appointment of directors of the |
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board of the district who took office before the effective date of |
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this Act. |
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(b) A governmental act or proceeding of the Bee Groundwater |
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Conservation District occurring after an act or proceeding |
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validated by this Act may not be held invalid on the ground that the |
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prior act or proceeding, in the absence of this Act, was invalid. |
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(c) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final |
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judgment of a court of competent jurisdiction; or |
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(2) has been held invalid by a final judgment of a |
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court of competent jurisdiction. |
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SECTION 3. Chapter 678, Acts of the 75th Legislature, |
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Regular Session, 1997, is repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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* * * * * |