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S.B. No. 1848
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Starr County Groundwater
Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Starr County Groundwater
Conservation District.
SECTION 2. CREATION. A groundwater conservation district,
to be known as the Starr County Groundwater Conservation District,
is created in Starr County, subject to approval at a confirmation
election under Section 7 of this Act.
SECTION 3. FINDINGS OF BENEFIT. (a) The district is
created to serve a public use and benefit.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
(c) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
SECTION 4. CONTINUING PROVISIONS OF DISTRICT. Subtitle H,
Title 6, Special District Local Laws Code, is amended by adding
Chapter 8803 to read as follows:
CHAPTER 8803. STARR COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8803.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Starr County Groundwater
Conservation District.
(3) "Municipally owned utility" has the meaning
assigned by Section 13.002, Water Code.
(4) "Regional water authority" means the Rio Grande
Regional Water Authority.
(5) "Water supply or sewer service corporation" has
the meaning assigned by Section 13.002, Water Code.
Sec. 8803.002. NATURE OF DISTRICT. The district is:
(1) a conservation and reclamation district in Starr
County created under Section 59, Article XVI, Texas Constitution;
and
(2) a groundwater conservation district.
Sec. 8803.003. DISTRICT BOUNDARIES. The boundaries of the
district are coextensive with the boundaries of Starr County.
[Sections 8803.004-8803.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8803.051. BOARD. The board consists of five
directors.
Sec. 8803.052. TERMS. Directors serve staggered four-year
terms.
Sec. 8803.053. 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
a registered voter in the district. To be eligible to be a
candidate for or to serve as director from a county commissioners
precinct, a person must be a registered voter 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) When the boundaries of the county commissioners
precincts are redrawn after each federal decennial census to
reflect population changes, a director in office on the effective
date of the change, or a director elected or appointed before the
effective date of the change whose term of office begins on or after
the effective date of the change, shall serve in the precinct to
which elected or appointed even though the change in boundaries
places the person's residence outside the precinct for which the
person was elected or appointed.
Sec. 8803.054. ELECTION DATE FOR DIRECTORS. 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 May of each even-numbered year.
[Sections 8803.055-8803.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8803.101. GENERAL POWERS AND DUTIES. The district has
all the rights, powers, privileges, authority, functions, and
duties provided by the general law of this state, including Chapter
36, Water Code, applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 8803.102. COURT-APPOINTED RECEIVER. The district may
serve as the court-appointed receiver in a matter determined by a
court concerning the disposition of assets of any other district
authorized by Section 52(b)(1) or (2), Article III, or Section 59,
Article XVI, Texas Constitution, a municipally owned utility, or a
water supply or sewer service corporation.
Sec. 8803.103. POWER TO CONTRACT WITH MUNICIPALITIES. The
district may enter into a contract with a municipality to assume the
functions of the municipality's municipally owned utility. A
contract under this section may include provisions for the
district's:
(1) assumption of the debts, liabilities, and
obligations of the municipally owned utility;
(2) ownership or use of the assets and facilities of
the municipally owned utility; and
(3) performance of the functions and services
previously provided by the municipally owned utility.
Sec. 8803.104. RELATION TO OTHER WATER-RELATED ENTITIES.
(a) To the extent that a rule of the district conflicts with a rule
of the regional water authority, the rule of the authority
controls.
(b) To the extent that a rule of the district conflicts with
an action of a municipally owned utility or water supply or sewer
service corporation whose certificated area is located wholly or
partly in the district's territory, the action of the utility or
corporation controls.
(c) Notwithstanding Subsections (a) and (b), to the extent
that a rule of the district concerning groundwater conflicts with a
rule of the regional water authority or with an action of a
municipally owned utility or water supply or sewer service
corporation whose certificated area is located wholly or partly in
the district's territory, the rule of the district controls.
[Sections 8803.105-8803.150 reserved for expansion]
SUBCHAPTER D. MERGER WITH WATER SUPPLY OR SEWER SERVICE CORPORATION
Sec. 8803.151. DEFINITIONS. In this subchapter:
(1) "Commission" means the Texas Commission on
Environmental Quality.
(2) "Directors" means the board of directors of a
water supply or sewer service corporation.
Sec. 8803.152. AUTHORITY FOR AGREEMENT FOR MERGER;
PROVISIONS. (a) Subject to Sections 8803.153, 8803.154, and
8803.155, the district may enter into a merger agreement with a
water supply or sewer service corporation.
(b) The merger agreement must include provisions for:
(1) the district's assumption of the debts,
liabilities, and obligations of the water supply or sewer service
corporation;
(2) the district's assumption of the ownership of the
corporation's assets and facilities;
(3) the assignment to the district of the certificate
of public convenience and necessity obtained by the corporation
under Subchapter G, Chapter 13, Water Code, and any right obtained
under the certificate;
(4) the district's performance of the functions and
services previously provided by the corporation; and
(5) the dissolution of the corporation.
Sec. 8803.153. BOARD, DIRECTORS, AND MEMBERS APPROVAL OF
MERGER AGREEMENT. Before an election to confirm a proposed merger
agreement described by Section 8803.152 may be held, the board, the
directors, and, if the water supply or sewer service corporation
has members with voting rights, the members of the corporation must
each approve the proposed merger agreement in accordance with the
laws, rules, charter, bylaws, and procedures applicable to the
district and the corporation.
Sec. 8803.154. COMMISSION DETERMINATION OF DISTRICT
CAPABILITY FOR SERVICE. Before an election to confirm a proposed
merger agreement described by Section 8803.152 may be held, the
commission must determine that the district is capable of rendering
adequate and continuous service as required by Section 13.251,
Water Code.
Sec. 8803.155. ELECTION TO CONFIRM MERGER AGREEMENT.
(a) Before a proposed merger agreement described by Section
8803.152 may take effect, the board shall hold an election to
confirm the agreement.
(b) The election must be held on the first authorized
uniform election date after the board, the directors, and, if
required, the members of the water supply or sewer service
corporation approve the proposed merger agreement that allows
sufficient time for the board to comply with all applicable
provisions of the Election Code.
Sec. 8803.156. BALLOTS FOR ELECTION. The ballot for an
election under Section 8803.155 shall read as follows:
"By voting YES on this ballot, you are voting in favor of the
proposed merger agreement between the (name of water supply or
sewer service corporation) and the Starr County Groundwater
Conservation District under which the corporation's debts,
liabilities, obligations, assets, and facilities are to be
transferred to the district, the district is to perform the
functions and services previously provided by the corporation, and
the corporation is to be dissolved. By voting NO on this ballot,
you are voting against the proposed merger agreement."
Sec. 8803.157. ELECTION RESULTS FOR MERGER WITH WATER
SUPPLY OR SEWER SERVICE CORPORATION. (a) If a majority of the
voters voting in an election under Section 8803.155 both in the
certificated area of the water supply or sewer service corporation
and in the territory of the district outside the certificated area
vote in favor of the ballot proposition, the proposed merger
agreement takes effect.
(b) If a majority of the voters voting in an election under
Section 8803.155 either in the certificated area of the water
supply or sewer service corporation or in the territory of the
district outside the certificated area do not vote in favor of the
ballot proposition:
(1) the proposed merger agreement does not take
effect; and
(2) the board may not hold a subsequent election to
confirm a proposed merger agreement between the same water supply
or sewer service corporation and the district before the first
anniversary of the election date.
Sec. 8803.158. FILING REQUIREMENT. If a proposed merger
agreement is confirmed at an election under Section 8803.155, not
later than the 15th day after the date of the election the board
shall file with the commission and in the deed records of Starr
County a copy of:
(1) the merger agreement;
(2) the resolutions or other actions taken by the
board, the directors, and, if required, the members of the water
supply or sewer service corporation approving the merger agreement
under Section 8803.153; and
(3) the election results.
SECTION 5. APPOINTMENT OF TEMPORARY DIRECTORS. (a) Not
later than the 45th day after the effective date of this Act:
(1) the Starr County Commissioners Court shall appoint
one temporary director from each of the four commissioners
precincts in the county to represent the precinct in which the
temporary director resides; and
(2) the county judge of Starr County shall appoint one
temporary director who resides in the district 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
appoint a person to fill the vacancy in a manner that meets the
representational requirements of this section.
(c) Temporary directors serve until temporary directors
become initial directors as provided by Section 8 of this Act or
this Act expires under Section 11, whichever occurs earlier.
SECTION 6. 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 no location can be agreed upon, the
organizational meeting shall be at the Starr County Courthouse.
SECTION 7. CONFIRMATION ELECTION. (a) The temporary
directors shall hold an election to confirm the creation of the
district.
(b) Subsection (a), Section 41.001, Election Code, does not
apply to a confirmation election held as provided by this section.
(c) Except as provided by this section, a confirmation
election must be conducted as provided by Subsections (b) through
(i), Section 36.017, Water Code, and the Election Code.
(d) If the establishment of the district is not confirmed at
an election held under this section before September 1, 2007, the
district is dissolved, except that:
(1) any debts incurred shall be paid;
(2) any assets that remain after the payment of debts
shall be transferred to Starr County; and
(3) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred.
SECTION 8. INITIAL DIRECTORS. If creation of the district
is confirmed at an election held under Section 7 of this Act, 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 9 of this Act.
SECTION 9. ELECTION OF PERMANENT DIRECTORS. (a) The
initial directors for county precincts 2 and 3 serve until the first
regularly scheduled election of directors under Subsection (b) of
this section, and the initial directors for county precincts 1 and 4
and the initial director representing the district at large serve
until the second regularly scheduled election of directors.
(b) On the uniform election date prescribed by Section
41.001, Election Code, in May of the first even-numbered year after
the year in which the district is authorized to be created at a
confirmation election, an election shall be held in the district
for the election of two directors to replace the initial directors
for county precincts 2 and 3.
SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(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 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,
lieutenant governor, and 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 11. CONTINGENT EXPIRATION DATE; DEBTS. (a) If the
creation of the district is not confirmed at a confirmation
election held under Section 7 of this Act before September 1, 2007,
this Act expires on that date.
(b) The expiration of this Act does not affect the liability
of the district to pay any debt incurred or the transfer of any
assets remaining to Starr County as required by Subsection (d),
Section 7 of this Act.
SECTION 12. EFFECTIVE DATE. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1848 passed the Senate on
May 3, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1848 passed the House on
May 20, 2005, by the following vote: Yeas 139, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor