Bill Text: TX SB1360 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-22 - Committee report printed and distributed [SB1360 Detail]
Download: Texas-2015-SB1360-Comm_Sub.html
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.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1360 | By: Hall |
|
||
|
||
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. | ||
* * * * * |