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  H.B. No. 4207
 
 
 
 
AN ACT
  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4207 was passed by the House on May
  15, 2015, by the following vote:  Yeas 139, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4207 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 29, Nays 2.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor