S.B. No. 890

	AN ACT
	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 890 passed the Senate on
	March 21, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 890 passed the House on
	May 17, 2013, by the following vote:  Yeas 134, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor