By: Kolkhorst S.B. No. 1360
(In the Senate - Filed March 11, 2015; March 18, 2015, read
first time and referred to Committee on Agriculture, Water, and
Rural Affairs; April 22, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1360 By: Hall
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Aransas County Groundwater
Conservation District; providing authority to issue bonds and
impose a tax; providing general law authority to impose fees and
surcharges.
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 8823 to read as follows:
CHAPTER 8823. ARANSAS COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8823.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Aransas County Groundwater
Conservation District.
Sec. 8823.002. NATURE OF DISTRICT. The district is a
groundwater conservation district in Aransas County created under
and essential to accomplish the purposes of Section 59, Article
XVI, Texas Constitution.
Sec. 8823.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held before September 1, 2019:
(1) the district is dissolved on September 1, 2019,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Aransas 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 on September 1, 2021.
Sec. 8823.004. INITIAL DISTRICT TERRITORY. The initial
boundaries of the district are coextensive with the boundaries of
Aransas County, Texas.
Sec. 8823.005. APPLICABILITY OF OTHER GROUNDWATER
CONSERVATION DISTRICT LAW. Except as otherwise provided by this
chapter, Chapter 36, Water Code, applies to the district.
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8823.021. APPOINTMENT OF TEMPORARY DIRECTORS.
(a) Not later than the 10th day after September 1, 2015, the
Aransas County Commissioners Court shall appoint five temporary
directors as follows:
(1) one temporary director shall be appointed from
each of the four commissioner precincts in the county to represent
the precinct in which the temporary director resides; and
(2) one temporary director who resides in the district
shall be appointed to represent the district at large.
(b) If there is a vacancy on the temporary board of
directors of the district, the remaining temporary directors shall
select a qualified person to fill the vacancy. If, at any time,
there are fewer than three qualified temporary directors, the
Aransas County Commissioners Court shall appoint the necessary
number of persons to fill all vacancies on the board.
(c) To be eligible to serve as a temporary director, a
person must be a resident of Aransas County and at least 18 years of
age.
(d) Temporary directors serve until the earlier of:
(1) the time the temporary directors become initial
directors as provided by Section 8823.024; or
(2) the date the district is dissolved under Section
8823.003.
Sec. 8823.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 36.055, Water Code, a
majority of the temporary directors shall convene the
organizational meeting of the district at a location within the
district agreeable to a majority of the directors. If an agreement
on location cannot be reached, the organizational meeting shall be
at the Aransas County Courthouse. At the meeting, the temporary
directors shall elect a chair, vice chair, and secretary from among
the temporary directors.
Sec. 8823.023. CONFIRMATION ELECTION. (a) The temporary
board shall order an election to be held on a uniform election date
prescribed by Section 41.001, Election Code, in May of the first
even-numbered year after the effective date of this Act to confirm
the creation of the district.
(b) The ballot for the election must be printed to permit
voting for or against the following proposition: "The creation of
the Aransas County Groundwater Conservation District and the
imposition of an ad valorem tax in the district at a rate not to
exceed one cent for each $100 of assessed valuation."
(c) The temporary board may include any other proposition on
the ballot that it considers necessary.
(d) 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 permanent
directors does not apply to a confirmation election under this
section.
Sec. 8823.024. INITIAL DIRECTORS. (a) If creation of the
district is confirmed at an election held under Section 8823.023,
the temporary directors of the district become the initial
directors of the district and serve on the board of directors until
permanent directors are elected under Section 8823.025.
(b) The initial directors shall draw lots to determine which
two directors serve until the first regularly scheduled election of
directors under Section 8823.025 and which three directors serve
until the second regularly scheduled election of directors under
Section 8823.053.
Sec. 8823.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On
the uniform election date prescribed by Section 41.001, Election
Code, in November of the first even-numbered year after the year in
which the creation of the district is confirmed at an election held
under Section 8823.023, an election shall be held in the district
for the election of two directors to replace the initial directors
who, under Section 8823.024(b), serve until that election.
Sec. 8823.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2021.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8823.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8823.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
PRECINCTS. (a) The directors of the district shall be elected
according to the commissioners precinct method as provided by this
section.
(b) One director shall be elected by the voters of the
entire district, and one director shall be elected from each county
commissioners precinct by the voters of that precinct.
(c) Except as provided by Subsection (e), to be eligible to
be a candidate for or to serve as director at large, a person must be
at least 18 years of age and a resident of the district. To be a
candidate for or to serve as director from a county commissioners
precinct, a person must be at least 18 years of age and a resident of
that precinct.
(d) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(e) A person's eligibility to serve a term as director is
not affected when the county commissioners precincts are redrawn
after each federal decennial census to reflect population changes
by a boundary change that:
(1) removes the person's residence from the precinct
the person serves; and
(2) takes effect during the term for which the person
was elected or appointed.
Sec. 8823.053. ELECTION DATE. After the creation of the
district is confirmed, the district shall hold an election to elect
the appropriate number of directors on the uniform election date
prescribed by Section 41.001, Election Code, in November of each
even-numbered year.
Sec. 8823.054. VACANCIES. A vacancy on the board shall be
filled by appointment of the board until the next regularly
scheduled directors' election. The person appointed to fill the
vacancy shall serve only for the remainder of the unexpired term.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8823.101. PROHIBITION ON DISTRICT USE OF EMINENT
DOMAIN. The district may not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8823.151. LIMITATION ON TAXES. The district may not
impose ad valorem taxes at a rate that exceeds one cent on each $100
of assessed valuation of taxable property in the district.
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 September 1, 2015.
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