Texas 2015 - 84th Regular

Texas House Bill HB4207 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Morrison (Senate Sponsor - Kolkhorst) H.B. No. 4207
2		-	(In the Senate - Received from the House May 18, 2015;
3		-	May 18, 2015, read first time and referred to Committee on
4		-	Administration; May 21, 2015, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; May 21, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4207
7	2
8	3
9		-	COMMITTEE VOTE
10		-	YeaNayAbsentPNV
11		-	HancockX
12		-	UrestiX
13		-	CampbellX
14		-	EltifeX
15		-	HuffinesX
16		-	SchwertnerX
17		-	WestX
18		-	A BILL TO BE ENTITLED
19	4		AN ACT
20	5		relating to the creation of the Aransas County Groundwater
21	6		Conservation District; providing authority to issue bonds and
22	7		impose a tax; providing general law authority to impose fees and
23	8		surcharges.
24	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
25	10		SECTION 1. Subtitle H, Title 6, Special District Local Laws
26	11		Code, is amended by adding Chapter 8823 to read as follows:
27	12		CHAPTER 8823. ARANSAS COUNTY GROUNDWATER
28	13		CONSERVATION DISTRICT
29	14		SUBCHAPTER A. GENERAL PROVISIONS
30	15		Sec. 8823.001. DEFINITIONS. In this chapter:
31	16		(1) "Board" means the board of directors of the
32	17		district.
33	18		(2) "Director" means a member of the board.
34	19		(3) "District" means the Aransas County Groundwater
35	20		Conservation District.
36	21		Sec. 8823.002. NATURE OF DISTRICT. The district is a
37	22		groundwater conservation district in Aransas County created under
38	23		and essential to accomplish the purposes of Section 59, Article
39	24		XVI, Texas Constitution.
40	25		Sec. 8823.003. CONFIRMATION ELECTION REQUIRED. If the
41	26		creation of the district is not confirmed at a confirmation
42	27		election held before September 1, 2019:
43	28		(1) the district is dissolved on September 1, 2019,
44	29		except that:
45	30		(A) any debts incurred shall be paid;
46	31		(B) any assets that remain after the payment of
47	32		debts shall be transferred to Aransas County; and
48	33		(C) the organization of the district shall be
49	34		maintained until all debts are paid and remaining assets are
50	35		transferred; and
51	36		(2) this chapter expires on September 1, 2021.
52	37		Sec. 8823.004. INITIAL DISTRICT TERRITORY. The initial
53	38		boundaries of the district are coextensive with the boundaries of
54	39		Aransas County, Texas.
55	40		Sec. 8823.005. APPLICABILITY OF OTHER GROUNDWATER
56	41		CONSERVATION DISTRICT LAW. Except as otherwise provided by this
57	42		chapter, Chapter 36, Water Code, applies to the district.
58	43		SUBCHAPTER A-1. TEMPORARY PROVISIONS
59	44		Sec. 8823.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a)
60	45		Not later than the 10th day after September 1, 2015, the Aransas
61	46		County Commissioners Court shall appoint five temporary directors
62	47		as follows:
63	48		(1) one temporary director shall be appointed from
64	49		each of the four commissioner precincts in the county to represent
65	50		the precinct in which the temporary director resides; and
66	51		(2) one temporary director who resides in the district
67	52		shall be appointed to represent the district at large.
68	53		(b) If there is a vacancy on the temporary board of
69	54		directors of the district, the remaining temporary directors shall
70	55		select a qualified person to fill the vacancy. If, at any time,
71	56		there are fewer than three qualified temporary directors, the
72	57		Aransas County Commissioners Court shall appoint the necessary
73	58		number of persons to fill all vacancies on the board.
74	59		(c) To be eligible to serve as a temporary director, a
75	60		person must be a resident of Aransas County and at least 18 years of
76	61		age.
77	62		(d) Temporary directors serve until the earlier of:
78	63		(1) the time the temporary directors become initial
79	64		directors as provided by Section 8823.024; or
80	65		(2) the date the district is dissolved under Section
81	66		8823.003.
82	67		Sec. 8823.022. ORGANIZATIONAL MEETING OF TEMPORARY
83	68		DIRECTORS. As soon as practicable after all the temporary
84	69		directors have qualified under Section 36.055, Water Code, a
85	70		majority of the temporary directors shall convene the
86	71		organizational meeting of the district at a location within the
87	72		district agreeable to a majority of the directors. If an agreement
88	73		on location cannot be reached, the organizational meeting shall be
89	74		at the Aransas County Courthouse. At the meeting, the temporary
90	75		directors shall elect a chair, vice chair, and secretary from among
91	76		the temporary directors.
92	77		Sec. 8823.023. CONFIRMATION ELECTION. (a) The temporary
93	78		board shall order an election to be held on a uniform election date
94	79		prescribed by Section 41.001, Election Code, in May of the first
95	80		even-numbered year after the effective date of this Act to confirm
96	81		the creation of the district.
97	82		(b) The ballot for the election must be printed to permit
98	83		voting for or against the following proposition: "The creation of
99	84		the Aransas County Groundwater Conservation District and the
100	85		imposition of an ad valorem tax in the district at a rate not to
101	86		exceed one cent for each $100 of assessed valuation."
102	87		(c) The temporary board may include any other proposition on
103	88		the ballot that it considers necessary.
104	89		(d) Except as provided by this section, a confirmation
105	90		election must be conducted as provided by Sections 36.017(b)-(i),
106	91		Water Code, and the Election Code. The provision of Section
107	92		36.017(d), Water Code, relating to the election of permanent
108	93		directors does not apply to a confirmation election under this
109	94		section.
110	95		Sec. 8823.024. INITIAL DIRECTORS. (a) If creation of the
111	96		district is confirmed at an election held under Section 8823.023,
112	97		the temporary directors of the district become the initial
113	98		directors of the district and serve on the board of directors until
114	99		permanent directors are elected under Section 8823.025.
115	100		(b) The initial directors shall draw lots to determine which
116	101		two directors serve until the first regularly scheduled election of
117	102		directors under Section 8823.025 and which three directors serve
118	103		until the second regularly scheduled election of directors under
119	104		Section 8823.053.
120	105		Sec. 8823.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On
121	106		the uniform election date prescribed by Section 41.001, Election
122	107		Code, in November of the first even-numbered year after the year in
123	108		which the creation of the district is confirmed at an election held
124	109		under Section 8823.023, an election shall be held in the district
125	110		for the election of two directors to replace the initial directors
126	111		who, under Section 8823.024(b), serve until that election.
127	112		Sec. 8823.026. EXPIRATION OF SUBCHAPTER. This subchapter
128	113		expires September 1, 2021.
129	114		SUBCHAPTER B. BOARD OF DIRECTORS
130	115		Sec. 8823.051. DIRECTORS; TERMS. (a) The district is
131	116		governed by a board of five directors.
132	117		(b) Directors serve staggered four-year terms.
133	118		Sec. 8823.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
134	119		PRECINCTS. (a) The directors of the district shall be elected
135	120		according to the commissioners precinct method as provided by this
136	121		section.
137	122		(b) One director shall be elected by the voters of the
138	123		entire district, and one director shall be elected from each county
139	124		commissioners precinct by the voters of that precinct.
140	125		(c) Except as provided by Subsection (e), to be eligible to
141	126		be a candidate for or to serve as director at large, a person must be
142	127		at least 18 years of age and a resident of the district. To be a
143	128		candidate for or to serve as director from a county commissioners
144	129		precinct, a person must be at least 18 years of age and a resident of
145	130		that precinct.
146	131		(d) A person shall indicate on the application for a place
147	132		on the ballot:
148	133		(1) the precinct that the person seeks to represent;
149	134		or
150	135		(2) that the person seeks to represent the district at
151	136		large.
152	137		(e) A person's eligibility to serve a term as director is
153	138		not affected when the county commissioners precincts are redrawn
154	139		after each federal decennial census to reflect population changes
155	140		by a boundary change that:
156	141		(1) removes the person's residence from the precinct
157	142		the person serves; and
158	143		(2) takes effect during the term for which the person
159	144		was elected or appointed.
160	145		Sec. 8823.053. ELECTION DATE. After the creation of the
161	146		district is confirmed, the district shall hold an election to elect
162	147		the appropriate number of directors on the uniform election date
163	148		prescribed by Section 41.001, Election Code, in November of each
164	149		even-numbered year.
165	150		Sec. 8823.054. VACANCIES. A vacancy on the board shall be
166	151		filled by appointment of the board until the next regularly
167	152		scheduled directors' election. The person appointed to fill the
168	153		vacancy shall serve only for the remainder of the unexpired term.
169	154		SUBCHAPTER C. POWERS AND DUTIES
170	155		Sec. 8823.101. PROHIBITION ON DISTRICT USE OF EMINENT
171	156		DOMAIN. The district may not exercise the power of eminent domain.
172	157		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173	158		Sec. 8823.151. LIMITATION ON TAXES. The district may not
174	159		impose ad valorem taxes at a rate that exceeds one cent on each $100
175	160		of assessed valuation of taxable property in the district.
176	161		SECTION 2. (a) The legal notice of the intention to
177	162		introduce this Act, setting forth the general substance of this
178	163		Act, has been published as provided by law, and the notice and a
179	164		copy of this Act have been furnished to all persons, agencies,
180	165		officials, or entities to which they are required to be furnished
181	166		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
182	167		Government Code.
183	168		(b) The governor, one of the required recipients, has
184	169		submitted the notice and Act to the Texas Commission on
185	170		Environmental Quality.
186	171		(c) The Texas Commission on Environmental Quality has filed
187	172		its recommendations relating to this Act with the governor, the
188	173		lieutenant governor, and the speaker of the house of
189	174		representatives within the required time.
190	175		(d) All requirements of the constitution and laws of this
191	176		state and the rules and procedures of the legislature with respect
192	177		to the notice, introduction, and passage of this Act are fulfilled
193	178		and accomplished.
194	179		SECTION 3. This Act takes effect September 1, 2015.
195		-	* * * * *
	180	+	______________________________ ______________________________
	181	+	President of the Senate Speaker of the House
	182	+	I certify that H.B. No. 4207 was passed by the House on May
	183	+	15, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	184	+	voting.
	185	+	______________________________
	186	+	Chief Clerk of the House
	187	+	I certify that H.B. No. 4207 was passed by the Senate on May
	188	+	26, 2015, by the following vote: Yeas 29, Nays 2.
	189	+	______________________________
	190	+	Secretary of the Senate
	191	+	APPROVED: _____________________
	192	+	Date
	193	+	_____________________
	194	+	Governor