Texas 2013 - 83rd Regular

Texas Senate Bill SB1012 Compare Versions

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1	1	By: Zaffirini S.B. No. 1012
2	2	(Guillen)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the McMullen Groundwater Conservation District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle H, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8874 to read as follows:
11	11	CHAPTER 8874. MCMULLEN GROUNDWATER CONSERVATION DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8874.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the McMullen Groundwater
17	17	Conservation District.
18	18	Sec. 8874.002. NATURE OF DISTRICT. The district is a
19	19	groundwater conservation district created under and essential to
20	20	accomplish the purposes of Section 59, Article XVI, Texas
21	21	Constitution.
22	22	Sec. 8874.003. FINDINGS OF PUBLIC USE AND BENEFIT.
23	23	(a) The district is created to serve a public use and benefit.
24	24	(b) All land and other property included in the district
25	25	will benefit from the works and projects accomplished by the
26	26	district under the powers conferred by Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. 8874.004. DISTRICT TERRITORY. The district's
29	29	boundaries are coextensive with the boundaries of McMullen County
30	30	unless the district's territory has been modified under:
31	31	(1) Subchapter J, Chapter 36, Water Code; or
32	32	(2) other law.
33	33	Sec. 8874.005. DISTRICT NAME CHANGE. The board may change
34	34	the district's name when the district annexes territory.
35	35	[Sections 8874.006-8874.050 reserved for expansion]
36	36	SUBCHAPTER B. BOARD OF DIRECTORS
37	37	Sec. 8874.051. COMPOSITION OF BOARD; TERMS. (a) The
38	38	district is governed by a board of five directors.
39	39	(b) Directors serve staggered four-year terms.
40	40	Sec. 8874.052. ELECTION OF DIRECTORS. (a) Directors are
41	41	elected according to the commissioners precinct method as provided
42	42	by this section.
43	43	(b) One director is elected by the voters of the entire
44	44	district. One director is elected from each county commissioners
45	45	precinct by the voters of that precinct.
46	46	(c) A person shall indicate on the application for a place
47	47	on the ballot:
48	48	(1) the precinct that the person seeks to represent;
49	49	or
50	50	(2) that the person seeks to represent the district at
51	51	large.
52	52	(d) When the boundaries of the county commissioners
53	53	precincts are changed, each director in office on the effective
54	54	date of the change or elected to a term of office beginning on or
55	55	after the effective date of the change serves in the precinct to
56	56	which the director was elected for the entire term to which the
57	57	director was elected, even though the change in boundaries places
58	58	the person's residence outside the precinct for which the person
59	59	was elected.
60	60	Sec. 8874.053. ELECTION DATE. On the uniform election date
61	61	in November of each odd-numbered year, the appropriate number of
62	62	directors shall be elected.
63	63	Sec. 8874.054. QUALIFICATIONS FOR OFFICE. (a) To be
64	64	qualified to be a candidate for or to serve as director at large, a
65	65	person must be a registered voter in the district.
66	66	(b) To be a candidate for or to serve as director from a
67	67	county commissioners precinct, a person must be a registered voter
68	68	of that precinct, except as provided by Section 8874.052(d).
69	69	(c) A person is not eligible to serve as a director unless
70	70	the person owns land in the district.
71	71	Sec. 8874.055. BOARD VACANCY. If there is a vacancy on the
72	72	board, the remaining directors shall appoint a director to serve
73	73	the remainder of the term.
74	74	[Sections 8874.056-8874.100 reserved for expansion]
75	75	SUBCHAPTER C. POWERS AND DUTIES
76	76	Sec. 8874.101. GROUNDWATER CONSERVATION DISTRICT POWERS
77	77	AND DUTIES. The district has the rights, powers, privileges,
78	78	functions, and duties provided by the general law of this state,
79	79	including Chapter 36, Water Code, applicable to groundwater
80	80	conservation districts created under Section 59, Article XVI, Texas
81	81	Constitution.
82	82	[Sections 8874.102-8874.150 reserved for expansion]
83	83	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
84	84	Sec. 8874.151. LIMITATION ON TAXES. The district may not
85	85	impose an ad valorem tax at a rate that exceeds five cents on each
86	86	$100 valuation of taxable property in the district.
87	87	SECTION 2. Subsection (a), Section 1, Chapter 1331 (S.B.
88	88	1911), Acts of the 76th Legislature, Regular Session, 1999, is
89	89	amended to read as follows:
90	90	(a) The following groundwater conservation districts are
91	91	created:
92	92	(1) Crossroads Groundwater Conservation District;
93	93	(2) [McMullen Groundwater Conservation District;
94	94	[(3)] Red Sands Groundwater Conservation District;
95	95	and
96	96	(3) [(4)] Southeast Trinity Groundwater Conservation
97	97	District.
98	98	SECTION 3. Subsection (a), Section 2, Chapter 1331 (S.B.
99	99	1911), Acts of the 76th Legislature, Regular Session, 1999, is
100	100	amended to read as follows:
101	101	(a) The [boundaries of the following groundwater
102	102	conservation districts are coextensive with county boundaries as
103	103	follows:
104	104	[(1) the] boundaries of the Crossroads Groundwater
105	105	Conservation District are coextensive with the boundaries of
106	106	Victoria County[; and
107	107	[(2) the boundaries of the McMullen Groundwater
108	108	Conservation District are coextensive with the boundaries of
109	109	McMullen County].
110	110	SECTION 4. The following statutes are repealed:
111	111	(1) Part 6, Article 3, Chapter 966 (Senate Bill No. 2),
112	112	Acts of the 77th Legislature, Regular Session, 2001; and
113	113	(2) Chapter 1378 (Senate Bill No. 1764), Acts of the
114	114	77th Legislature, Regular Session, 2001.
115	115	SECTION 5. (a) The legal notice of the intention to
116	116	introduce this Act, setting forth the general substance of this
117	117	Act, has been published as provided by law, and the notice and a
118	118	copy of this Act have been furnished to all persons, agencies,
119	119	officials, or entities to which they are required to be furnished
120	120	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
121	121	Government Code.
122	122	(b) The governor, one of the required recipients, has
123	123	submitted the notice and Act to the Texas Commission on
124	124	Environmental Quality.
125	125	(c) The Texas Commission on Environmental Quality has filed
126	126	its recommendations relating to this Act with the governor, the
127	127	lieutenant governor, and the speaker of the house of
128	128	representatives within the required time.
129	129	(d) All requirements of the constitution and laws of this
130	130	state and the rules and procedures of the legislature with respect
131	131	to the notice, introduction, and passage of this Act are fulfilled
132	132	and accomplished.
133	133	SECTION 6. This Act takes effect September 1, 2013.