Texas 2015 - 84th Regular

Texas Senate Bill SB1360 Compare Versions

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1	1	By: Kolkhorst S.B. No. 1360
2	2	(In the Senate - Filed March 11, 2015; March 18, 2015, read
3	3	first time and referred to Committee on Agriculture, Water, and
4	4	Rural Affairs; April 22, 2015, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 7, Nays 0;
6	6	April 22, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1360 By: Hall
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to the creation of the Aransas County Groundwater
14	14	Conservation District; providing authority to issue bonds and
15	15	impose a tax; providing general law authority to impose fees and
16	16	surcharges.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. Subtitle H, Title 6, Special District Local Laws
19	19	Code, is amended by adding Chapter 8823 to read as follows:
20	20	CHAPTER 8823. ARANSAS COUNTY GROUNDWATER
21	21	CONSERVATION DISTRICT
22	22	SUBCHAPTER A. GENERAL PROVISIONS
23	23	Sec. 8823.001. DEFINITIONS. In this chapter:
24	24	(1) "Board" means the board of directors of the
25	25	district.
26	26	(2) "Director" means a member of the board.
27	27	(3) "District" means the Aransas County Groundwater
28	28	Conservation District.
29	29	Sec. 8823.002. NATURE OF DISTRICT. The district is a
30	30	groundwater conservation district in Aransas County created under
31	31	and essential to accomplish the purposes of Section 59, Article
32	32	XVI, Texas Constitution.
33	33	Sec. 8823.003. CONFIRMATION ELECTION REQUIRED. If the
34	34	creation of the district is not confirmed at a confirmation
35	35	election held before September 1, 2019:
36	36	(1) the district is dissolved on September 1, 2019,
37	37	except that:
38	38	(A) any debts incurred shall be paid;
39	39	(B) any assets that remain after the payment of
40	40	debts shall be transferred to Aransas County; and
41	41	(C) the organization of the district shall be
42	42	maintained until all debts are paid and remaining assets are
43	43	transferred; and
44	44	(2) this chapter expires on September 1, 2021.
45	45	Sec. 8823.004. INITIAL DISTRICT TERRITORY. The initial
46	46	boundaries of the district are coextensive with the boundaries of
47	47	Aransas County, Texas.
48	48	Sec. 8823.005. APPLICABILITY OF OTHER GROUNDWATER
49	49	CONSERVATION DISTRICT LAW. Except as otherwise provided by this
50	50	chapter, Chapter 36, Water Code, applies to the district.
51	51	SUBCHAPTER A-1. TEMPORARY PROVISIONS
52	52	Sec. 8823.021. APPOINTMENT OF TEMPORARY DIRECTORS.
53	53	(a) Not later than the 10th day after September 1, 2015, the
54	54	Aransas County Commissioners Court shall appoint five temporary
55	55	directors as follows:
56	56	(1) one temporary director shall be appointed from
57	57	each of the four commissioner precincts in the county to represent
58	58	the precinct in which the temporary director resides; and
59	59	(2) one temporary director who resides in the district
60	60	shall be appointed to represent the district at large.
61	61	(b) If there is a vacancy on the temporary board of
62	62	directors of the district, the remaining temporary directors shall
63	63	select a qualified person to fill the vacancy. If, at any time,
64	64	there are fewer than three qualified temporary directors, the
65	65	Aransas County Commissioners Court shall appoint the necessary
66	66	number of persons to fill all vacancies on the board.
67	67	(c) To be eligible to serve as a temporary director, a
68	68	person must be a resident of Aransas County and at least 18 years of
69	69	age.
70	70	(d) Temporary directors serve until the earlier of:
71	71	(1) the time the temporary directors become initial
72	72	directors as provided by Section 8823.024; or
73	73	(2) the date the district is dissolved under Section
74	74	8823.003.
75	75	Sec. 8823.022. ORGANIZATIONAL MEETING OF TEMPORARY
76	76	DIRECTORS. As soon as practicable after all the temporary
77	77	directors have qualified under Section 36.055, Water Code, a
78	78	majority of the temporary directors shall convene the
79	79	organizational meeting of the district at a location within the
80	80	district agreeable to a majority of the directors. If an agreement
81	81	on location cannot be reached, the organizational meeting shall be
82	82	at the Aransas County Courthouse. At the meeting, the temporary
83	83	directors shall elect a chair, vice chair, and secretary from among
84	84	the temporary directors.
85	85	Sec. 8823.023. CONFIRMATION ELECTION. (a) The temporary
86	86	board shall order an election to be held on a uniform election date
87	87	prescribed by Section 41.001, Election Code, in May of the first
88	88	even-numbered year after the effective date of this Act to confirm
89	89	the creation of the district.
90	90	(b) The ballot for the election must be printed to permit
91	91	voting for or against the following proposition: "The creation of
92	92	the Aransas County Groundwater Conservation District and the
93	93	imposition of an ad valorem tax in the district at a rate not to
94	94	exceed one cent for each $100 of assessed valuation."
95	95	(c) The temporary board may include any other proposition on
96	96	the ballot that it considers necessary.
97	97	(d) Except as provided by this section, a confirmation
98	98	election must be conducted as provided by Sections 36.017(b)-(i),
99	99	Water Code, and the Election Code. The provision of Section
100	100	36.017(d), Water Code, relating to the election of permanent
101	101	directors does not apply to a confirmation election under this
102	102	section.
103	103	Sec. 8823.024. INITIAL DIRECTORS. (a) If creation of the
104	104	district is confirmed at an election held under Section 8823.023,
105	105	the temporary directors of the district become the initial
106	106	directors of the district and serve on the board of directors until
107	107	permanent directors are elected under Section 8823.025.
108	108	(b) The initial directors shall draw lots to determine which
109	109	two directors serve until the first regularly scheduled election of
110	110	directors under Section 8823.025 and which three directors serve
111	111	until the second regularly scheduled election of directors under
112	112	Section 8823.053.
113	113	Sec. 8823.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On
114	114	the uniform election date prescribed by Section 41.001, Election
115	115	Code, in November of the first even-numbered year after the year in
116	116	which the creation of the district is confirmed at an election held
117	117	under Section 8823.023, an election shall be held in the district
118	118	for the election of two directors to replace the initial directors
119	119	who, under Section 8823.024(b), serve until that election.
120	120	Sec. 8823.026. EXPIRATION OF SUBCHAPTER. This subchapter
121	121	expires September 1, 2021.
122	122	SUBCHAPTER B. BOARD OF DIRECTORS
123	123	Sec. 8823.051. DIRECTORS; TERMS. (a) The district is
124	124	governed by a board of five directors.
125	125	(b) Directors serve staggered four-year terms.
126	126	Sec. 8823.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
127	127	PRECINCTS. (a) The directors of the district shall be elected
128	128	according to the commissioners precinct method as provided by this
129	129	section.
130	130	(b) One director shall be elected by the voters of the
131	131	entire district, and one director shall be elected from each county
132	132	commissioners precinct by the voters of that precinct.
133	133	(c) Except as provided by Subsection (e), to be eligible to
134	134	be a candidate for or to serve as director at large, a person must be
135	135	at least 18 years of age and a resident of the district. To be a
136	136	candidate for or to serve as director from a county commissioners
137	137	precinct, a person must be at least 18 years of age and a resident of
138	138	that precinct.
139	139	(d) A person shall indicate on the application for a place
140	140	on the ballot:
141	141	(1) the precinct that the person seeks to represent;
142	142	or
143	143	(2) that the person seeks to represent the district at
144	144	large.
145	145	(e) A person's eligibility to serve a term as director is
146	146	not affected when the county commissioners precincts are redrawn
147	147	after each federal decennial census to reflect population changes
148	148	by a boundary change that:
149	149	(1) removes the person's residence from the precinct
150	150	the person serves; and
151	151	(2) takes effect during the term for which the person
152	152	was elected or appointed.
153	153	Sec. 8823.053. ELECTION DATE. After the creation of the
154	154	district is confirmed, the district shall hold an election to elect
155	155	the appropriate number of directors on the uniform election date
156	156	prescribed by Section 41.001, Election Code, in November of each
157	157	even-numbered year.
158	158	Sec. 8823.054. VACANCIES. A vacancy on the board shall be
159	159	filled by appointment of the board until the next regularly
160	160	scheduled directors' election. The person appointed to fill the
161	161	vacancy shall serve only for the remainder of the unexpired term.
162	162	SUBCHAPTER C. POWERS AND DUTIES
163	163	Sec. 8823.101. PROHIBITION ON DISTRICT USE OF EMINENT
164	164	DOMAIN. The district may not exercise the power of eminent domain.
165	165	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
166	166	Sec. 8823.151. LIMITATION ON TAXES. The district may not
167	167	impose ad valorem taxes at a rate that exceeds one cent on each $100
168	168	of assessed valuation of taxable property in the district.
169	169	SECTION 2. (a) The legal notice of the intention to
170	170	introduce this Act, setting forth the general substance of this
171	171	Act, has been published as provided by law, and the notice and a
172	172	copy of this Act have been furnished to all persons, agencies,
173	173	officials, or entities to which they are required to be furnished
174	174	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
175	175	Government Code.
176	176	(b) The governor, one of the required recipients, has
177	177	submitted the notice and Act to the Texas Commission on
178	178	Environmental Quality.
179	179	(c) The Texas Commission on Environmental Quality has filed
180	180	its recommendations relating to this Act with the governor, the
181	181	lieutenant governor, and the speaker of the house of
182	182	representatives within the required time.
183	183	(d) All requirements of the constitution and laws of this
184	184	state and the rules and procedures of the legislature with respect
185	185	to the notice, introduction, and passage of this Act are fulfilled
186	186	and accomplished.
187	187	SECTION 3. This Act takes effect September 1, 2015.
188	188	* * * * *