By: Uresti  S.B. No. 890
         (In the Senate - Filed February 27, 2013; March 5, 2013,
  read first time and referred to Committee on Natural Resources;
  March 13, 2013, reported favorably by the following vote:  
  Yeas 9, Nays 0; March 13, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of the Reeves County Groundwater
  Conservation District; providing authority to issue bonds;
  providing authority to impose fees, surcharges, and taxes.
         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 8876 to read as follows:
  CHAPTER 8876. REEVES COUNTY GROUNDWATER CONSERVATION DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8876.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Commissioners court" means the Reeves County
  Commissioners Court.
               (3)  "Director" means a member of the board.
               (4)  "District" means the Reeves County Groundwater
  Conservation District.
         Sec. 8876.002.  NATURE OF DISTRICT. The district is a
  groundwater conservation district in Reeves County created under
  and essential to accomplish the purposes of Section 59, Article
  XVI, Texas Constitution.
         Sec. 8876.003.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8876.022 before December 31, 2018:
               (1)  the district is dissolved December 31, 2018,
  except that:
                     (A)  any debts incurred shall be paid;
                     (B)  any assets that remain after the payment of
  debts shall be transferred to Reeves County; 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 December 31, 2020.
         Sec. 8876.004.  INITIAL DISTRICT TERRITORY. The initial
  boundaries of the district are coextensive with the boundaries of
  Reeves County.
         Sec. 8876.005.  APPLICABILITY OF OTHER GROUNDWATER
  CONSERVATION DISTRICT LAW. (a)  Except as otherwise provided by
  this chapter, Chapter 36, Water Code, applies to the district.
         (b)  Section 36.121, Water Code, does not apply to the
  district.
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8876.021.  APPOINTMENT OF TEMPORARY DIRECTORS; TERMS.
  (a)  Not later than the 45th day after the effective date of the Act
  enacting this chapter, the commissioners court shall appoint
  temporary directors as follows:
               (1)  three directors shall represent agricultural
  interests;
               (2)  three directors shall represent municipal water
  interests; and
               (3)  one director shall represent rural domestic water
  supply interests.
         (b)  For the purpose of Subsection (a), a person appointed to
  represent agricultural interests must be involved in agriculture,
  as defined by Section 11.002(12), Water Code.
         (c)  To be appointed under this section, a person must
  satisfy the requirements for holding elective office under Section
  141.001, Election Code.
         (d)  If there is a vacancy on the temporary board of
  directors of the district, the commissioners court shall appoint a
  person to fill the vacancy in a manner that meets the
  representational requirements of this section.
         (e)  Temporary directors serve until the earlier of:
               (1)  the date the temporary directors become initial
  directors under Section 8876.023; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (f)  If the temporary directors have not become initial
  directors under Section 8876.023 and the terms of the temporary
  directors have expired, successor temporary directors shall be
  appointed in the manner provided by Subsections (a), (b), and (c) to
  serve terms that expire on the date the successor temporary
  directors become initial directors under Section 8876.023 or this
  subchapter expires under Section 8876.024.
         Sec. 8876.022.  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 an
  election held under 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 of Section
  36.017(d), Water Code, relating to the election of directors does
  not apply to an election under this section.
         (d)  If the district's creation is not confirmed at an
  election held under this section, the temporary directors may order
  one or more subsequent elections to be held to confirm the creation
  of the district not earlier than the first anniversary of the
  preceding confirmation election.  If the district's creation is not
  confirmed at an election held under this section before December
  31, 2018, the district is dissolved in accordance with Section
  8876.003.
         (e)  The costs of an election held under this chapter may be
  paid by Reeves County.
         Sec. 8876.023.  INITIAL DIRECTORS.  (a)  If the creation of
  the district is confirmed at an election held under Section
  8876.022, the temporary directors become the initial directors and
  serve until permanent directors are appointed under Section
  8876.052.
         (b)  The initial directors of the board shall draw lots to
  determine which three directors shall serve a term expiring
  December 1 of the year two years after the date of the election in
  which the district is confirmed and which four directors shall
  serve a term expiring December 1 of the year four years after the
  date of the election in which the district is confirmed.
         Sec. 8876.024.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires December 31, 2020.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8876.051.  COMPOSITION OF BOARD. The district is
  governed by a board of seven appointed directors.
         Sec. 8876.052.  TERMS AND APPOINTMENT OF DIRECTORS. (a)  
  Directors serve staggered four-year terms,  with three or four
  terms expiring December 1 every other year.  Directors are
  appointed by the commissioners court as follows:
               (1)  three directors shall represent agricultural
  interests;
               (2)  three directors shall represent municipal water
  interests; and
               (3)  one director shall represent rural domestic water
  supply interests.
         (b)  For the purpose of Subsection (a), a person appointed to
  represent agricultural interests must be involved in agriculture,
  as defined by Section 11.002(12), Water Code.
         (c)  To be appointed under this section, a person must
  satisfy the requirements for holding elective office under Section
  141.001, Election Code.
         (d)  A director may serve two consecutive terms and may serve
  another two consecutive terms after not serving for four years.
         (e)  The commissioners court shall appoint a director to
  succeed a serving director on or before the date the serving
  director's term expires.
         Sec. 8876.053.  VACANCIES.  If there is a vacancy on the
  board, the commissioners court shall appoint a person to fill the
  vacancy for the remainder of the term in a manner that meets the
  representational requirements of Section 8876.052.
         Sec. 8876.054.  COMPENSATION. (a) Sections 36.060(a), (b),
  and (d), Water Code, do not apply to the district.
         (b)  A director is not entitled to receive compensation.  The
  board may authorize a director to receive reimbursement for the
  director's reasonable expenses incurred while engaging in
  activities on behalf of the board.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8876.101.  GENERAL POWERS. Except as otherwise
  provided by this chapter, the district has all of the rights,
  powers, privileges, functions, and duties provided by the general
  law of this state applicable to groundwater conservation districts
  created under Section 59, Article XVI, Texas Constitution.
         Sec. 8876.102.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8876.151.  LIMITATION ON TAXES. The district may not
  impose ad valorem taxes at a rate that exceeds three cents on each
  $100 valuation of taxable property in the district.
         Sec. 8876.152.  APPLICABILITY OF CERTAIN TAX PROVISIONS.  
  (a)  Sections 26.04, 26.05, 26.06, and 26.07, Tax Code, do not apply
  to a tax imposed by the district.
         (b)  Section 49.236, Water Code, as added by Chapter 248
  (H.B. 1541), Acts of the 78th Legislature, Regular Session, 2003,
  applies to the district.
         Sec. 8876.153.  LIMITATION ON INDEBTEDNESS. The district
  may issue bonds and notes under Subchapter F, Chapter 36, Water
  Code, except that the total indebtedness created by that issuance
  may not exceed $250,000 at any time.
         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, one of the required recipients, 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, the
  lieutenant governor, and the 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, 2013.
 
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