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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Aransas County Groundwater |
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Conservation District; providing authority to issue bonds and |
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impose a tax; providing general law authority to impose fees and |
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surcharges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle H, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8823 to read as follows: |
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CHAPTER 8823. ARANSAS COUNTY GROUNDWATER |
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CONSERVATION DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8823.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "Director" means a member of the board. |
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(3) "District" means the Aransas County Groundwater |
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Conservation District. |
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Sec. 8823.002. NATURE OF DISTRICT. The district is a |
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groundwater conservation district in Aransas County created under |
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and essential to accomplish the purposes of Section 59, Article |
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XVI, Texas Constitution. |
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Sec. 8823.003. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held before September 1, 2019: |
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(1) the district is dissolved on September 1, 2019, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Aransas County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires on September 1, 2021. |
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Sec. 8823.004. INITIAL DISTRICT TERRITORY. The initial |
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boundaries of the district are coextensive with the boundaries of |
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Aransas County, Texas. |
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Sec. 8823.005. APPLICABILITY OF OTHER GROUNDWATER |
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CONSERVATION DISTRICT LAW. Except as otherwise provided by this |
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chapter, Chapter 36, Water Code, applies to the district. |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8823.021. APPOINTMENT OF TEMPORARY DIRECTORS. |
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(a) Not later than the 10th day after September 1, 2015, the |
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Aransas County Commissioners Court shall appoint five temporary |
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directors as follows: |
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(1) one temporary director shall be appointed from |
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each of the four commissioner precincts in the county to represent |
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the precinct in which the temporary director resides; and |
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(2) one temporary director who resides in the district |
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shall be appointed to represent the district at large. |
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(b) If there is a vacancy on the temporary board of |
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directors of the district, the remaining temporary directors shall |
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select a qualified person to fill the vacancy. If, at any time, |
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there are fewer than three qualified temporary directors, the |
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Aransas County Commissioners Court shall appoint the necessary |
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number of persons to fill all vacancies on the board. |
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(c) To be eligible to serve as a temporary director, a |
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person must be a resident of Aransas County and at least 18 years of |
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age. |
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(d) Temporary directors serve until the earlier of: |
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(1) the time the temporary directors become initial |
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directors as provided by Section 8823.024; or |
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(2) the date the district is dissolved under Section |
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8823.003. |
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Sec. 8823.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 36.055, Water Code, a |
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majority of the temporary directors shall convene the |
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organizational meeting of the district at a location within the |
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district agreeable to a majority of the directors. If an agreement |
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on location cannot be reached, the organizational meeting shall be |
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at the Aransas County Courthouse. At the meeting, the temporary |
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directors shall elect a chair, vice chair, and secretary from among |
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the temporary directors. |
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Sec. 8823.023. CONFIRMATION ELECTION. (a) The temporary |
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board shall order an election to be held on a uniform election date |
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prescribed by Section 41.001, Election Code, in May of the first |
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even-numbered year after the effective date of this Act to confirm |
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the creation of the district. |
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(b) The ballot for the election must be printed to permit |
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voting for or against the following proposition: "The creation of |
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the Aransas County Groundwater Conservation District and the |
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imposition of an ad valorem tax in the district at a rate not to |
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exceed one cent for each $100 of assessed valuation." |
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(c) The temporary board may include any other proposition on |
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the ballot that it considers necessary. |
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(d) Except as provided by this section, a confirmation |
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election must be conducted as provided by Sections 36.017(b)-(i), |
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Water Code, and the Election Code. The provision of Section |
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36.017(d), Water Code, relating to the election of permanent |
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directors does not apply to a confirmation election under this |
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section. |
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Sec. 8823.024. INITIAL DIRECTORS. (a) If creation of the |
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district is confirmed at an election held under Section 8823.023, |
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the temporary directors of the district become the initial |
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directors of the district and serve on the board of directors until |
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permanent directors are elected under Section 8823.025. |
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(b) The initial directors shall draw lots to determine which |
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two directors serve until the first regularly scheduled election of |
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directors under Section 8823.025 and which three directors serve |
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until the second regularly scheduled election of directors under |
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Section 8823.053. |
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Sec. 8823.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On |
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the uniform election date prescribed by Section 41.001, Election |
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Code, in November of the first even-numbered year after the year in |
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which the creation of the district is confirmed at an election held |
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under Section 8823.023, an election shall be held in the district |
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for the election of two directors to replace the initial directors |
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who, under Section 8823.024(b), serve until that election. |
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Sec. 8823.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2021. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8823.051. DIRECTORS; TERMS. (a) The district is |
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governed by a board of five directors. |
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(b) Directors serve staggered four-year terms. |
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Sec. 8823.052. METHOD OF ELECTING DIRECTORS: COMMISSIONERS |
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PRECINCTS. (a) The directors of the district shall be elected |
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according to the commissioners precinct method as provided by this |
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section. |
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(b) One director shall be elected by the voters of the |
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entire district, and one director shall be elected from each county |
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commissioners precinct by the voters of that precinct. |
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(c) Except as provided by Subsection (e), to be eligible to |
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be a candidate for or to serve as director at large, a person must be |
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at least 18 years of age and a resident of the district. To be a |
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candidate for or to serve as director from a county commissioners |
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precinct, a person must be at least 18 years of age and a resident of |
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that precinct. |
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(d) A person shall indicate on the application for a place |
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on the ballot: |
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(1) the precinct that the person seeks to represent; |
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or |
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(2) that the person seeks to represent the district at |
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large. |
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(e) A person's eligibility to serve a term as director is |
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not affected when the county commissioners precincts are redrawn |
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after each federal decennial census to reflect population changes |
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by a boundary change that: |
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(1) removes the person's residence from the precinct |
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the person serves; and |
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(2) takes effect during the term for which the person |
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was elected or appointed. |
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Sec. 8823.053. ELECTION DATE. After the creation of the |
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district is confirmed, the district shall hold an election to elect |
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the appropriate number of directors on the uniform election date |
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prescribed by Section 41.001, Election Code, in November of each |
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even-numbered year. |
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Sec. 8823.054. VACANCIES. A vacancy on the board shall be |
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filled by appointment of the board until the next regularly |
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scheduled directors' election. The person appointed to fill the |
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vacancy shall serve only for the remainder of the unexpired term. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8823.101. PROHIBITION ON DISTRICT USE OF EMINENT |
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DOMAIN. The district may not exercise the power of eminent domain. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8823.151. LIMITATION ON TAXES. The district may not |
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impose ad valorem taxes at a rate that exceeds one cent on each $100 |
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of assessed valuation of taxable property in the district. |
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SECTION 2. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 3. This Act takes effect September 1, 2015. |
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* * * * * |