By: Morrison (Senate Sponsor - Kolkhorst)	H.B. No. 4207
	(In the Senate - Received from the House May 18, 2015;
	May 18, 2015, read first time and referred to Committee on
	Administration; May 21, 2015, reported favorably by the following
	vote:  Yeas 6, Nays 0; May 21, 2015, sent to printer.)
Click here to see the committee vote

	COMMITTEE VOTE
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	HancockX
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	CampbellX
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	A BILL TO BE ENTITLED
	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.
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