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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