Bill Text: TX HB2149 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of the Reeves County Groundwater Conservation District; providing authority to issue bonds; providing authority to impose fees, surcharges, and taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-03 - Left pending in committee [HB2149 Detail]
Download: Texas-2013-HB2149-Introduced.html
83R11388 SLB-F | ||
By: Nevarez | H.B. No. 2149 |
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relating to the creation of the Reeves County Groundwater | ||
Conservation District; providing authority to issue bonds; | ||
providing authority to impose fees, surcharges, and taxes. | ||
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 8876 to read as follows: | ||
CHAPTER 8876. REEVES COUNTY GROUNDWATER CONSERVATION DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8876.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Commissioners court" means the Reeves County | ||
Commissioners Court. | ||
(3) "Director" means a member of the board. | ||
(4) "District" means the Reeves County Groundwater | ||
Conservation District. | ||
Sec. 8876.002. NATURE OF DISTRICT. The district is a | ||
groundwater conservation district in Reeves County created under | ||
and essential to accomplish the purposes of Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 8876.003. CONFIRMATION ELECTION REQUIRED. If the | ||
creation of the district is not confirmed at a confirmation | ||
election held under Section 8876.022 before December 31, 2018: | ||
(1) the district is dissolved December 31, 2018, | ||
except that: | ||
(A) any debts incurred shall be paid; | ||
(B) any assets that remain after the payment of | ||
debts shall be transferred to Reeves 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 December 31, 2020. | ||
Sec. 8876.004. INITIAL DISTRICT TERRITORY. The initial | ||
boundaries of the district are coextensive with the boundaries of | ||
Reeves County. | ||
Sec. 8876.005. APPLICABILITY OF OTHER GROUNDWATER | ||
CONSERVATION DISTRICT LAW. (a) Except as otherwise provided by | ||
this chapter, Chapter 36, Water Code, applies to the district. | ||
(b) Section 36.121, Water Code, does not apply to the | ||
district. | ||
SUBCHAPTER A-1. TEMPORARY PROVISIONS | ||
Sec. 8876.021. APPOINTMENT OF TEMPORARY DIRECTORS; TERMS. | ||
(a) Not later than the 45th day after the effective date of the Act | ||
enacting this chapter, the commissioners court shall appoint | ||
temporary directors as follows: | ||
(1) three directors shall represent agricultural | ||
interests; | ||
(2) three directors shall represent municipal water | ||
interests; and | ||
(3) one director shall represent rural domestic water | ||
supply interests. | ||
(b) For the purpose of Subsection (a), a person appointed to | ||
represent agricultural interests must be involved in agriculture, | ||
as defined by Section 11.002(12), Water Code. | ||
(c) To be appointed under this section, a person must | ||
satisfy the requirements for holding elective office under Section | ||
141.001, Election Code. | ||
(d) If there is a vacancy on the temporary board of | ||
directors of the district, the commissioners court shall appoint a | ||
person to fill the vacancy in a manner that meets the | ||
representational requirements of this section. | ||
(e) Temporary directors serve until the earlier of: | ||
(1) the date the temporary directors become initial | ||
directors under Section 8876.023; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act creating this chapter. | ||
(f) If the temporary directors have not become initial | ||
directors under Section 8876.023 and the terms of the temporary | ||
directors have expired, successor temporary directors shall be | ||
appointed in the manner provided by Subsections (a), (b), and (c) to | ||
serve terms that expire on the date the successor temporary | ||
directors become initial directors under Section 8876.023 or this | ||
subchapter expires under Section 8876.024. | ||
Sec. 8876.022. CONFIRMATION ELECTION. (a) The temporary | ||
directors shall hold an election to confirm the creation of the | ||
district. | ||
(b) Section 41.001(a), Election Code, does not apply to an | ||
election held under this section. | ||
(c) 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 directors does | ||
not apply to an election under this section. | ||
(d) If the district's creation is not confirmed at an | ||
election held under this section, the temporary directors may order | ||
one or more subsequent elections to be held to confirm the creation | ||
of the district not earlier than the first anniversary of the | ||
preceding confirmation election. If the district's creation is not | ||
confirmed at an election held under this section before December | ||
31, 2018, the district is dissolved in accordance with Section | ||
8876.003. | ||
(e) The costs of an election held under this chapter may be | ||
paid by Reeves County. | ||
Sec. 8876.023. INITIAL DIRECTORS. (a) If the creation of | ||
the district is confirmed at an election held under Section | ||
8876.022, the temporary directors become the initial directors and | ||
serve until permanent directors are appointed under Section | ||
8876.052. | ||
(b) The initial directors of the board shall draw lots to | ||
determine which three directors shall serve a term expiring | ||
December 1 of the year two years after the date of the election in | ||
which the district is confirmed and which four directors shall | ||
serve a term expiring December 1 of the year four years after the | ||
date of the election in which the district is confirmed. | ||
Sec. 8876.024. EXPIRATION OF SUBCHAPTER. This subchapter | ||
expires December 31, 2020. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8876.051. COMPOSITION OF BOARD. The district is | ||
governed by a board of seven appointed directors. | ||
Sec. 8876.052. TERMS AND APPOINTMENT OF DIRECTORS. (a) | ||
Directors serve staggered four-year terms, with three or four | ||
terms expiring December 1 every other year. Directors are | ||
appointed by the commissioners court as follows: | ||
(1) three directors shall represent agricultural | ||
interests; | ||
(2) three directors shall represent municipal water | ||
interests; and | ||
(3) one director shall represent rural domestic water | ||
supply interests. | ||
(b) For the purpose of Subsection (a), a person appointed to | ||
represent agricultural interests must be involved in agriculture, | ||
as defined by Section 11.002(12), Water Code. | ||
(c) To be appointed under this section, a person must | ||
satisfy the requirements for holding elective office under Section | ||
141.001, Election Code. | ||
(d) A director may serve two consecutive terms and may serve | ||
another two consecutive terms after not serving for four years. | ||
(e) The commissioners court shall appoint a director to | ||
succeed a serving director on or before the date the serving | ||
director's term expires. | ||
Sec. 8876.053. VACANCIES. If there is a vacancy on the | ||
board, the commissioners court shall appoint a person to fill the | ||
vacancy for the remainder of the term in a manner that meets the | ||
representational requirements of Section 8876.052. | ||
Sec. 8876.054. COMPENSATION. (a) Sections 36.060(a), (b), | ||
and (d), Water Code, do not apply to the district. | ||
(b) A director is not entitled to receive compensation. The | ||
board may authorize a director to receive reimbursement for the | ||
director's reasonable expenses incurred while engaging in | ||
activities on behalf of the board. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8876.101. GENERAL POWERS. Except as otherwise | ||
provided by this chapter, the district has all of the rights, | ||
powers, privileges, functions, and duties provided by the general | ||
law of this state applicable to groundwater conservation districts | ||
created under Section 59, Article XVI, Texas Constitution. | ||
Sec. 8876.102. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8876.151. LIMITATION ON TAXES. The district may not | ||
impose ad valorem taxes at a rate that exceeds three cents on each | ||
$100 valuation of taxable property in the district. | ||
Sec. 8876.152. APPLICABILITY OF CERTAIN TAX PROVISIONS. | ||
(a) Sections 26.04, 26.05, 26.06, and 26.07, Tax Code, do not apply | ||
to a tax imposed by the district. | ||
(b) Section 49.236, Water Code, as added by Chapter 248 | ||
(H.B. 1541), Acts of the 78th Legislature, Regular Session, 2003, | ||
applies to the district. | ||
Sec. 8876.153. LIMITATION ON INDEBTEDNESS. The district | ||
may issue bonds and notes under Subchapter F, Chapter 36, Water | ||
Code, except that the total indebtedness created by that issuance | ||
may not exceed $250,000 at any time. | ||
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 immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |