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  S.B. No. 1290
 
 
 
 
AN ACT
  relating to the creation of the Calhoun County Groundwater
  Conservation District; providing authority to issue bonds.
         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 8860 to read as follows:
  CHAPTER 8860.  CALHOUN COUNTY GROUNDWATER
  CONSERVATION DISTRICT
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8860.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a board member.
               (3)  "District" means the Calhoun County Groundwater
  Conservation District.
         Sec. 8860.002.  NATURE OF DISTRICT.  The district is a
  groundwater conservation district in Calhoun County created under
  and essential to accomplish the purposes of Section 59, Article
  XVI, Texas Constitution.
         Sec. 8860.003.  CONFIRMATION ELECTION REQUIRED.  If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8860.022 before December 31, 2016:
               (1)  the district is dissolved on December 31, 2016,
  except that the district shall:
                     (A)  pay any debts incurred;
                     (B)  transfer to Calhoun County any assets that
  remain after the payment of debts; and
                     (C)  maintain the organization of the district
  until all debts are paid and remaining assets are transferred; and
               (2)  this chapter expires September 1, 2018.
         Sec. 8860.004.  LEGISLATIVE FINDINGS. (a)  The
  organization of the district is feasible and practicable.
         (b)  All land in and residents of the district will benefit
  from the creation of the district.
         (c)  The creation of the district is a public necessity and
  will provide a public benefit.
         Sec. 8860.005.  INITIAL DISTRICT TERRITORY. The initial
  boundaries of the district are coextensive with the boundaries of
  Calhoun County.
  [Sections 8860.006-8860.020 reserved for expansion]
  SUBCHAPTER A-1.  TEMPORARY PROVISIONS
         Sec. 8860.021.  APPOINTMENT OF TEMPORARY DIRECTORS.
  (a)  Not later than September 11, 2011, the Calhoun County
  Commissioners Court shall appoint five temporary directors as
  follows:
               (1)  one temporary director from each of the four
  commissioners precincts in the county to represent the precincts in
  which the temporary directors reside; and
               (2)  one temporary director who resides in the district
  to represent the district at large.
         (b)  If a temporary director fails to qualify for office or a
  vacancy occurs on the temporary board, the remaining temporary
  directors shall appoint a qualified person to fill the vacancy. If
  at any time there are fewer than three qualified temporary
  directors, the Calhoun County Commissioners Court shall appoint the
  necessary number of persons to fill all vacancies on the board.
         (c)  The temporary directors shall select from among
  themselves a president, a vice president, and a secretary.
         (d)  Temporary directors serve until the earlier of:
               (1)  the date the creation of the district is confirmed
  at an election held under Section 8860.022; or
               (2)  September 1, 2015.
         (e)  If the creation of the district has not been confirmed
  under Section 8860.022 and the terms of the temporary directors
  have expired, successor temporary directors shall be appointed in
  the manner provided by Subsection (a) to serve terms that expire on
  the earliest of:
               (1)  the date the district's creation is confirmed at an
  election held under Section 8860.022;
               (2)  the date the requirements of Section 8860.003(1)
  are fulfilled; or
               (3)  September 1, 2018.
         Sec. 8860.022.  CONFIRMATION ELECTION. (a)  Not later than
  October 1, 2011, the temporary directors shall meet and shall order
  an election to be held in the district not later than September 1,
  2012, to confirm the creation of the district.
         (b)  The ballot for the election shall be printed to provide
  for voting for or against the proposition: "The creation of the
  Calhoun County Groundwater Conservation District and the
  imposition of a fee to pay the maintenance and operating costs of
  the district."
         (c)  The temporary board may include other propositions on
  the ballot that the board considers necessary.
         (d)  Section 41.001(a), Election Code, does not apply to an
  election held under this section.
         (e)  If a majority of the votes cast at the election are in
  favor of confirming the district's creation, the temporary
  directors shall declare the district created. If a majority of the
  votes cast are not in favor of confirming the district's creation,
  the district's creation is not confirmed. The temporary directors
  shall file a copy of the election results with the Texas Commission
  on Environmental Quality.
         (f)  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 on or before
  December 31, 2016, the district is dissolved in accordance with
  Section 8860.003.
         Sec. 8860.023.  INITIAL DIRECTORS. (a)  If the creation of
  the district is confirmed at an election held under Section
  8860.022, the temporary directors become the initial directors and
  serve for the terms provided by Subsection (b).
         (b)  The initial directors representing commissioners
  precincts 1 and 3 serve a term expiring on December 31 following the
  expiration of two years after the date of the confirmation
  election, and the initial directors representing commissioners
  precincts 2 and 4 and the at-large director serve a term expiring on
  December 31 following the expiration of four years after the date of
  the confirmation election.
         Sec. 8860.024.  EXPIRATION OF SUBCHAPTER.  This subchapter
  expires September 1, 2018.
  [Sections 8860.025-8860.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8860.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Directors serve staggered four-year terms, with two or
  three directors' terms expiring December 31 of each even-numbered
  year.
         Sec. 8860.052.  METHOD OF ELECTING DIRECTORS:  COMMISSIONERS
  PRECINCTS. (a)  The directors of the district are elected
  according to the commissioners precinct method as provided by this
  section.
         (b)  One director is elected by the voters of the entire
  district, and one director is 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 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 director's residence outside the precinct for which the
  director was elected or appointed.
         Sec. 8860.053.  ELECTION DATE. 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. 8860.054.  VACANCIES. If a vacancy occurs on the board,
  the remaining directors shall appoint a person to fill the vacancy
  until the next regularly scheduled election of directors.  If the
  position is not scheduled to be filled at the election, the person
  elected serves only for the remainder of the unexpired term.
         Sec. 8860.055.  COMPENSATION; EXPENSES. (a)  A director is
  not entitled to receive compensation for performing the duties of a
  director.
         (b)  The board may authorize a director to receive
  reimbursement for the director's reasonable expenses incurred
  while engaging in activities on behalf of the district.
  [Sections 8860.056-8860.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8860.101.  GROUNDWATER CONSERVATION DISTRICT POWERS
  AND DUTIES. Except as otherwise provided by this chapter, the
  district has the powers 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. 8860.102.  CERTAIN PERMIT DENIALS PROHIBITED.  The
  district may not deny the owner of a tract of land, or the owner's
  lessee, who does not have a well equipped to produce more than
  25,000 gallons each day on the tract, either a permit to drill a
  well on the tract or the privilege to produce groundwater from the
  tract, subject to district rules.
         Sec. 8860.103.  MITIGATION ASSISTANCE. In addition to the
  authority granted by Chapter 36, Water Code, the district may
  assist in the mediation between landowners regarding the loss of
  existing groundwater supply of exempt domestic and livestock users
  due to the groundwater pumping of others.
         Sec. 8860.104.  NO EMINENT DOMAIN POWER.  The district may
  not exercise the power of eminent domain.
  [Sections 8860.105-8860.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8860.151.  FEES.  (a)  The board by rule may impose a
  reasonable fee on each well for which a permit is issued by the
  district and that is not exempt from regulation by the district.
  The fee may be based on:
               (1)  the size of column pipe used by the well; or
               (2)  the actual, authorized, or anticipated amount of
  water to be withdrawn from the well.
         (b)  In addition to a fee imposed under Subsection (a), the
  district may impose a reasonable fee or surcharge for an export fee
  using one of the following methods:
               (1)  a fee negotiated between the district and the
  transporter; or
               (2)  a combined production and export fee.
         (c)  Fees authorized by this section may be assessed annually
  and may be used to fund the cost of district operations.
         Sec. 8860.152.  TAXES PROHIBITED. The district may not
  impose a tax and does not have the authority granted by Sections
  36.020 and 36.201-36.204, Water Code, relating to taxes.
         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 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 3.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1290 passed the Senate on
  April 28, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1290 passed the House on
  May 25, 2011, by the following vote:  Yeas 147, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor