TLC: Special District Local Laws Code Proposed Chapters

81C375(3) JJT

CHAPTER 8848. LONE WOLF GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8848.001. DEFINITIONS ............................... 1

Sec. 8848.002. NATURE OF DISTRICT ........................ 3

Sec. 8848.003. FINDINGS OF PUBLIC USE AND BENEFIT ........ 4

Sec. 8848.004. DISTRICT TERRITORY ........................ 4

[Sections 8848.005-8848.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8848.051. COMPOSITION OF BOARD; TERMS ............... 8

Sec. 8848.052. ELECTION OF DIRECTORS ..................... 10

Sec. 8848.053. ELECTION DATE ............................. 12

Sec. 8848.054. ELIGIBILITY ............................... 14

Sec. 8848.055. COMPENSATION .............................. 15

[Sections 8848.056-8848.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8848.101. GROUNDWATER CONSERVATION DISTRICT

POWERS AND DUTIES ....................... 19

[Sections 8848.102-8848.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8848.151. LIMITATION ON TAX RATE FOR DEBT ........... 20

CHAPTER 8848. LONE WOLF GROUNDWATER CONSERVATION DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Revised Law

Sec. 8848.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Lone Wolf Groundwater Conservation District. (Acts 76th Leg., R.S., Ch. 1331, Sec. 3; Acts 77th Leg., R.S., Ch. 966, Sec. 3.0402; Acts 77th Leg., R.S., Ch. 1328, Sec. 2; New.)

Source Law

[Acts 76th Leg., R.S., Ch. 1331]

Sec. 3. In this Act, "district" means a groundwater conservation district created under Section 1 of this Act.

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0402. In this part, "district" means the Lone Wolf Groundwater Conservation District.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 2. In this Act, "district" means the Lone Wolf Groundwater Conservation District.

Revisor's Note

(1) The Lone Wolf Groundwater Conservation District was created by Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999. That district is one of 13 districts created by that act, with the creation of each district subject to whether the succeeding legislature enacted a law to ratify its creation. See Sections 1 and 15, Chapter 1331. The 77th Legislature enacted two laws that ratified the creation of the Lone Wolf Groundwater Conservation District. Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, ratified the creation of many of the districts created by Chapter 1331, including the Lone Wolf Groundwater Conservation District, and set forth nonamendatory substantive provisions governing those districts. See Part 4, Article 3, Chapter 966, regarding the Lone Wolf Groundwater Conservation District and see the remainder of Article 3, Chapter 966, regarding the other districts. Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, also ratified the creation of the Lone Wolf Groundwater Conservation District and set forth nonamendatory substantive provisions governing that district. All three legislative enactments are source law for this chapter. Although Section 3, Chapter 1331, defines "district" to mean all of the districts created under Section 1 of that act, the revised law defines the term to mean the Lone Wolf Groundwater Conservation District because this chapter applies only to that district. Similar changes are made throughout this chapter.

(2) The definitions of "board" and "director" are added to the revised law for drafting convenience and to eliminate frequent, unnecessary repetition of the substance of the definitions.

Revised Law

Sec. 8848.002. NATURE OF DISTRICT. The district is a groundwater conservation district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Secs. 1(a) (part), (c).)

Source Law

Sec. 1. (a) The following groundwater conservation districts are created:

…

(5) Lone Wolf Groundwater Conservation District;

…

(c) Each district created under this section is created under and is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

Revisor's Note

Section 1(b), Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides that a district created under Section 1 of that act is a governmental agency and a body politic and corporate. This chapter does not include a revision of that provision because it duplicates a portion of Section 59(b), Article XVI, Texas Constitution, which provides that a conservation and reclamation district is a governmental agency and a body politic and corporate. Section 1(b) reads:

(b) A district created under this section is a governmental agency and a body politic and corporate.

Revised Law

Sec. 8848.003. FINDINGS OF PUBLIC USE AND BENEFIT. (a) The district is created to serve a public use and benefit.

(b) All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution. (Acts 76th Leg., R.S., Ch. 1331, Sec. 4.)

Source Law

Sec. 4. All of the land and other property included within the boundaries of a 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. The district is created to serve a public use and benefit.

Revised Law

Sec. 8848.004. DISTRICT TERRITORY. The district's boundaries are coextensive with the boundaries of Mitchell County unless the district's territory has been modified under:

(1) Subchapter J, Chapter 36, Water Code; or

(2) other law. (Acts 76th Leg., R.S., Ch. 1331, Sec. 2(a) (part); New.)

Source Law

Sec. 2. (a) The boundaries of the following groundwater conservation districts are coextensive with county boundaries as follows:

…

(4) the boundaries of the Lone Wolf Groundwater Conservation District are coextensive with the boundaries of Mitchell County;

…

Revisor's Note

The revision of the law governing the district revises the statutory language describing the territory of the district. Because the district's boundaries are subject to change, that description may not be accurate on the effective date of the revision or at the time of a later reading. For the reader's convenience, the revised law includes a reference to the authority to change the district's territory under Subchapter J, Chapter 36, Water Code, applicable to groundwater conservation districts, and to the general authority of the legislature to enact other laws to change the district's territory.

Revisor's Note

(End of Subchapter)

(1) Section 10, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides procedures for holding an election to confirm the districts created under that act and to elect the initial board of those districts. Section 3.0407, Chapter 966, and Section 7, Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, contain similar provisions relating to the Lone Wolf Groundwater Conservation District. This chapter does not include a revision of those provisions because the district has been confirmed and its initial board has been elected. Sections 10, 3.0407, and 7 read:

[Acts 76th Leg., R.S., Ch. 1331]

Sec. 10. (a) Not earlier than September 1, 2001, the temporary board of directors shall call and hold an election to confirm the district and to elect the initial directors.

(b) At the confirmation and initial directors' election, the temporary board of directors shall have placed on the ballot the names of the candidates for each of the positions on the board. To qualify as a candidate for a position, a person must be a resident of the district.

(c) If the district is confirmed at the election, the temporary board of directors, at the time the vote is canvassed, shall:

(1) declare the qualified person who receives the most votes for each position to be elected as the initial director for that position; and

(2) include the results of the initial directors' election in the district's election report to the Texas Natural Resource Conservation Commission.

(d) The initial directors shall draw lots to determine their terms so that:

(1) one-half or a simple majority of the directors serve four-year terms that expire on the fourth anniversary of the date the initial directors were elected; and

(2) the remaining directors serve two-year terms that expire on the second anniversary of the date the initial directors were elected.

(e) Subsection (a), Section 41.001, Election Code, applies to a confirmation and initial directors' election held as provided by this section.

(f) Except as provided by this section, a confirmation and initial directors' election must be conducted as provided by Subsections (b)-(h), Section 36.017, Water Code, and the Election Code.

(g) If the establishment of the district has not been confirmed at an election held under this section before the fourth anniversary of the effective date of this Act, the district is dissolved on that date, except that any debts incurred shall be paid and the organization of the district shall be maintained until all debts are paid.

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0407. (a) The temporary board of directors shall call and hold an election to confirm establishment of the district and to elect initial directors.

(b) At the confirmation and initial directors election, the temporary board of directors shall have placed on the ballot the name of any candidate filing for an initial director position and blank spaces to write in the names of other persons. A temporary director who is eligible to be a candidate under Section 3.0406 of this part may file for an initial director position.

(c) Section 41.001(a), Election Code, does not apply to a confirmation and initial directors election held as provided by this section.

(d) Except as provided by this section, a confirmation and initial directors election must be conducted as provided by Sections 36.017(b)-(h), Water Code, and the Election Code.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 7. (a) The temporary board of directors shall call and hold an election to confirm establishment of the district and to elect initial directors.

(b) At the confirmation and initial directors' election, the temporary board of directors shall have placed on the ballot the name of any candidate filing for an initial director's position and blank spaces to write in the names of other persons. A temporary director who is eligible to be a candidate under Section 6 of this Act may file for an initial director's position.

(c) Section 41.001(a), Election Code, does not apply to a confirmation and initial directors' election held as provided by this section.

(d) Except as provided by this section, a confirmation and initial directors' election must be conducted as provided by Section 36.017(b)-(h), Water Code, and the Election Code.

(2) Section 14, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides that, except as otherwise provided by that act, that act prevails over a conflicting provision of Chapter 36, Water Code. Section 3.0403, Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, provides that the part of that act relating to the district prevails over general law, including Chapter 36, Water Code, in case of a conflict or inconsistency. Similarly, Section 3(a), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, provides that the act prevails over general law in case of a conflict or inconsistency. This chapter does not include a revision of those provisions because they duplicate Section 311.026, Government Code (Code Construction Act), and part of Section 36.052(a), Water Code, which provides that a "special law governing a specific district" prevails over Chapter 36. Throughout this chapter, the revised law omits law that duplicates law contained in Chapter 36, Water Code, which applies to the district under Section 8848.101 of this chapter and Section 36.001(1), Water Code. Sections 14, 3.0403, and 3(a) read:

[Acts 76th Leg., R.S., Ch. 1331]

Sec. 14. Except as otherwise provided by this Act, if there is a conflict between this Act and Chapter 36, Water Code, this Act controls.

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0403. … This part prevails over any provision of general law, including Chapter 36, Water Code, or Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, that is in conflict or inconsistent with this part.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 3. (a) … This Act prevails over any provision of general law that is in conflict or inconsistent with this Act, including any provision of Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate Bill No. 1911).

(3) Section 3(b), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, provides that certain provisions of the Water Code prevail over a conflicting or inconsistent provision of the act. The revised law omits Section 3(b) because it substantially duplicates Section 36.052(b), Water Code, which provides that the provisions of the Water Code referenced in Section 3(b), in addition to Section 36.107, Water Code, prevail over a conflicting or inconsistent provision of a special law that governs a specific district. Although Section 3(b) does not reference Section 36.107, Water Code, that section of Chapter 36 is not in conflict or inconsistent with any provision of this chapter. The omitted law reads:

(b) Notwithstanding Subsection (a), the following provisions prevail over a conflicting or inconsistent provision of this Act:

(1) Sections 36.1071-36.108, Water Code;

(2) Sections 36.159-36.161, Water Code; and

(3) Subchapter I, Chapter 36, Water Code.

[Sections 8848.005-8848.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Revised Law

Sec. 8848.051. COMPOSITION OF BOARD; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0404(a), (d); Acts 77th Leg., R.S., Ch. 1328, Secs. 4(a), (d).)

Source Law

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0404. (a) The district is governed by a board of five directors.

(d) Permanent directors serve staggered four-year terms.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 4. (a) The district is governed by a board of five directors.

(d) Permanent directors serve staggered four-year terms.

Revisor's Note

(1) Section 3.0404(d), Chapter 966, and Section 4(d), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, refer to "[p]ermanent" directors. Section 3.0404 of Chapter 966 and Section 4 of Chapter 1328 refer to "temporary," "initial," and "permanent" directors to distinguish between the "temporary" directors, the directors who immediately succeeded the "temporary" directors after the first election of directors, and subsequently serving directors. Because the revised law omits provisions regarding "temporary" and "initial" directors as executed (see the revisor's notes at the end of this subchapter), the revised law also omits "permanent" because it does not contribute to the clear meaning of the law.

(2) Section 3.0404(e), Chapter 966, and Section 4(e), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, provide that a director must qualify to serve in the manner provided by Section 36.055, Water Code. The revised law omits those provisions because Section 36.055, Water Code, applies to the district under Section 8848.101 of this chapter and Section 36.001(1), Water Code. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0404]

(e) Each director must qualify to serve as director in the manner provided by Section 36.055, Water Code.

[Acts 77th Leg., R.S., Ch. 1328, Sec. 4]

(e) Each director must qualify to serve as director in the manner provided by Section 36.055, Water Code.

(3) Section 3.0404(f), Chapter 966, and Section 4(f), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, provide that a director serves until a successor has qualified. The revised law omits those provisions because they duplicate Section 17, Article XVI, Texas Constitution, which provides that an officer in this state continues to perform the officer's official duties until a successor has qualified. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0404]

(f) A director serves until the director's successor has qualified.

[Acts 77th Leg., R.S., Ch. 1328, Sec. 4]

(f) A director serves until the director's successor has qualified.

Revised Law

Sec. 8848.052. ELECTION OF DIRECTORS. (a) Directors 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. One director is elected from each county commissioners precinct by the voters of that precinct.

(1) the precinct that the person seeks to represent; or

(2) that the person seeks to represent the district at large.

(d) When the boundaries of the county commissioners precincts are changed, each director in office on the effective date of the change or elected to a term of office beginning on or after the effective date of the change serves in the precinct to which the director was elected for the entire term to which the director was elected, even though the change in boundaries places the person's residence outside the precinct for which the person was elected. (Acts 77th Leg., R.S., Ch. 966, Secs. 3.0406(a), (b), (d), (e); Acts 77th Leg., R.S., Ch. 1328, Secs. 6(a), (b), (d).)

Source Law

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0406. (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.

(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 commissioners precincts are changed, each director in office on the effective date of the change or elected to a term of office beginning on or after the effective date of the change serves in the precinct to which the director was elected for the entire term to which the director was elected, even though the change in boundaries places the person's residence outside the precinct for which the person was elected.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 6. (a) The directors of the district shall be elected according to the commissioners precincts 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.

(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.

Revisor's Note

Section 3.0406(e), Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, provides that when county commissioners precinct boundaries change under Section 18, Article V, Texas Constitution, a director represents the precinct to which the director was elected for the entire term to which the director was elected. Section 6(e), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, provides instead that when precinct boundaries change under Section 18, Article V, Texas Constitution, four new directors are to be elected to represent the redrawn precincts. The two provisions are irreconcilable. Under Section 311.025, Government Code (Code Construction Act), if statutes are irreconcilable, the statute latest in date of enactment prevails. The date of enactment is the date on which the last legislative vote is taken on the bill enacting the statute. The last legislative vote on Chapter 966 was taken on May 27, 2001. The last legislative vote on Chapter 1328 was taken on May 22, 2001. Accordingly, the revised law codifies Section 3.0406(e), Chapter 966, and omits Section 6(e), Chapter 1328. The omitted law reads:

(e) At the first election after the county commissioners precincts are redrawn under Section 18, Article V, Texas Constitution, four new directors shall be elected to represent the precincts. The directors elected shall draw lots to determine which two directors serve two-year terms and which two directors serve four-year terms.

Revised Law

Sec. 8848.053. ELECTION DATE. On the uniform election date in May of each even-numbered year, the appropriate number of directors shall be elected. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0408(b); Acts 77th Leg., R.S., Ch. 1328, Sec. 8(b).)

Source Law

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0408]

(b) On the first Saturday in May of each subsequent second year following the election, the appropriate number of directors shall be elected.

[Acts 77th Leg., R.S., Ch. 1328, Sec. 8]

(b) On the first Saturday in May of each subsequent second year following the election, the appropriate number of directors shall be elected.

Revisor's Note

(1) Section 3.0408(a), Chapter 966, and Section 8(a), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, prescribe the election date for the first directors' election following the confirmation election. Because the district has been confirmed and its first permanent directors elected, the revised law omits those provisions as executed. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0408. (a) On the first Saturday 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 three directors to serve four-year terms and two directors to serve two-year terms.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 8. (a) On the first Saturday 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 three directors to serve four-year terms and two directors to serve two-year terms.

(2) Section 3.0408(b), Chapter 966, and Section 8(b), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, required board elections to be held on the "first Saturday in May of each subsequent second year following the election," meaning the first election of permanent directors (see Revisor's Note (1)). When Chapters 966 and 1328 were enacted, Section 41.001, Election Code, also provided for a uniform election date of the first Saturday in May for all political subdivisions, indicating that the legislature intended the district's election to coincide with that uniform date. Chapter 1315, Acts of the 78th Legislature, Regular Session, 2003, amended Section 41.001, Election Code, to change the uniform election date in May to the third Saturday in May. Chapter 1, Acts of the 78th Legislature, 3rd Called Session, 2003, amended Section 41.001 to change the uniform election date in May back to the first Saturday in May. Chapter 471, Acts of the 79th Legislature, Regular Session, 2005, amended Section 41.001 to change the uniform election date in May to the second Saturday in May. The revised law substitutes "uniform election date in May" for "first Saturday in May" to reflect those changes and to preserve the legislative intent that the election be held on the uniform election date in May.

The revised law also substitutes "each even-numbered year" for "each subsequent second year following the election" because the first election of permanent directors was held in May 2004. As a result, subsequent directors' elections will also be held in even-numbered years.

Revised Law

Sec. 8848.054. ELIGIBILITY. (a) 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.

(b) 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, except as provided by Section 8848.052(d). (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0406(c); Acts 77th Leg., R.S., Ch. 1328, Sec. 6(c); New.)

Source Law

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0406]

(c) 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.

[Acts 77th Leg., R.S., Ch. 1328, Sec. 6]

Revisor's Note

Section 3.0406(c), Chapter 966, and Section 6(c), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, provide that to be eligible to serve as a director from a county commissioners precinct, a person must be a registered voter of that precinct. For the convenience of the reader, the revised law adds a cross-reference to Section 8848.052(d) of this chapter because that section provides for an exception to the eligibility requirement when the county commissioners precincts are redrawn.

Revised Law

Sec. 8848.055. COMPENSATION. A director is not entitled to fees of office. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0405 (part); Acts 77th Leg., R.S., Ch. 1328, Sec. 5 (part).)

Source Law

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0405. A director is not entitled to fees of office but … .

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 5. A director is not entitled to fees of office, but … .

Revisor's Note

Section 3.0405, Chapter 966, and Section 5, Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, provide that a director is entitled to reimbursement for certain expenses. The revised law omits those provisions because they substantially duplicate Section 36.060(b), Water Code. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0405. [A director] … is entitled to reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 5. [A director] … is entitled to reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.

Revisor's Note

(End of Subchapter)

(1) Sections 5 and 12, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, govern the powers of the temporary directors of a district created under that act. This chapter does not include a revision of those provisions because they are executed. Sections 5 and 12 read:

Sec. 5. (a) Except as provided by Subsections (c) and (d) of this section or otherwise by this Act, the temporary directors of a district have the same permitting and general management powers as those granted to initial and permanent directors under Chapter 36, Water Code.

(b) The temporary directors or their designees have the authority to enter any public or private property located within the district to inspect a water well as provided by Section 49.221, Water Code.

(1) Sections 36.017, 36.019, 36.020, and 36.059, relating to elections;

(2) Sections 36.105, 36.1071, 36.1072, 36.1073, and 36.108, relating to eminent domain and management plans;

(3) Sections 36.171-36.181, relating to bonds and notes;

(4) Sections 36.201-36.204, relating to taxes; and

(5) Sections 36.321-36.359, relating to annexation and consolidation.

(d) The temporary directors may regulate the transfer of groundwater out of the district as provided by Section 36.122, Water Code, but may not prohibit the transfer of groundwater out of the district.

Sec. 12. Prior to September 1, 2001, the temporary directors of a district shall not hold an election for the imposition of a tax.

(2) Section 7, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, relates to the election of initial directors of a district created under that act. This chapter does not include a revision of that provision because it is executed. Section 7 reads:

Sec. 7. The initial directors may not be elected until after September 1, 2001.

(3) Sections 8 and 9, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provide for the appointment of temporary directors of a district created under that act and require the temporary directors to hold an organizational meeting of the district. This chapter does not include a revision of those provisions because they are executed. Sections 8 and 9 read:

Sec. 8. (a) Except as provided by Subsections (b) and (c) of this section, the commissioners court of a county containing territory included within the district shall appoint temporary directors in accordance with the provisions of Section 36.016, Water Code, relating to the appointment of temporary directors by county commissioners courts.

(b) For districts composed of more than one county, the county commissioners court of each county with territory in the district shall appoint an equal number of temporary directors, the total number of temporary directors appointed to be determined by the county commissioners courts except that the total number of directors may not be fewer than five or more than 11.

(c) The 90-day limit for the appointment of temporary directors under Section 36.016, Water Code, does not apply to the appointment of temporary directors under this Act.

Sec. 9. (a) As soon as practicable after the temporary directors are appointed as provided by this Act, the temporary directors shall hold the organizational meeting of the district and take office at that time.

(b) The temporary directors shall hold the meeting at a location within the district to which a majority of the temporary directors agree.

(4) Section 11, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides for the election of permanent directors of a district created under that act. This chapter does not include a revision of that section because, as that section relates to the Lone Wolf Groundwater Conservation District, it is superseded by Section 3.0408, Chapter 966, and Section 8, Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, which provide for the election of the district's directors. See Section 8848.053 of this chapter and the revisor's notes to that section. Section 3.0403, Chapter 966, and Section 3(a), Chapter 1328, provide that the part of the act pertaining to the district or the act, respectively, prevails over Chapter 1331 in case of a conflict or inconsistency. Section 11 reads:

Sec. 11. Beginning in the second year after the year in which the district has held a confirmation election, an election shall be held in the district on the first Saturday in the month in which the initial directors were elected under Section 10 of this Act and every two years after that date to elect the appropriate number of directors to the board.

(5) Sections 3.0404(b) and (c), Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, refer to "temporary" and "initial" directors of the district and to elections under Sections 3.0407 and 3.0408 of that chapter. Sections 4(b) and (c), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, contain similar provisions. The revised law omits Sections 3.0404(b) and (c), Chapter 966, and Sections 4(b) and (c), Chapter 1328, as executed because the terms of the temporary and initial directors have expired and the initial election for permanent directors has been held. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966, Sec. 3.0404]

(b) Temporary directors serve until initial directors are elected under Section 3.0407 of this part.

[Acts 77th Leg., R.S., Ch. 1328, Sec. 4]

(b) Temporary directors serve until initial directors are elected under Section 7 of this Act.

[Sections 8848.056-8848.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Revised Law

Sec. 8848.101. GROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. The district has the rights, powers, privileges, 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. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0403 (part); Acts 77th Leg., R.S., Ch. 1328, Sec. 3(a) (part).)

Source Law

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0403. The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of the state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution… .

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 3. (a) The district has all of 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… .

Revisor's Note

Section 3.0403, Chapter 966, and Section 3(a), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, refer to the "rights, powers, privileges, [and] authority" of the district. The revised law omits the reference to "authority" because, in context, "authority" is included in the meaning of "rights, powers, [and] privileges."

Revisor's Note

(End of Subchapter)

Section 6, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, prohibits a district created under that act from adopting a comprehensive management plan before September 1, 2001. This chapter does not include a revision of that provision because it is executed. Section 6 reads:

Sec. 6. To ensure consistency of district long-term management plans with the regional planning process authorized by Senate Bill No. 1 (Chapter 1010), Acts of the 75th Legislature, Regular Session, 1997, a district may not adopt the comprehensive management plan required by Section 36.1071, Water Code, before September 1, 2001.

[Sections 8848.102-8848.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Revised Law

Sec. 8848.151. LIMITATION ON TAX RATE FOR DEBT. The district may impose an ad valorem tax at a rate not to exceed 20 cents for each $100 of assessed valuation to pay any part of the bonds or notes issued by the district if a majority of the voters approve:

(1) the authority to impose the tax at the confirmation election; or

(2) that authority at a separate election called for that purpose by the board. (Acts 77th Leg., R.S., Ch. 966, Sec. 3.0409; Acts 77th Leg., R.S., Ch. 1328, Sec. 9.)

Source Law

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0409. The district may levy property taxes at a rate not to exceed 20 cents on each $100 of assessed valuation to pay any part of the bonds or notes issued by the district if the authority to impose property taxes under this part is approved by a majority of the voters voting at a confirmation election under Section 3.0407 of this part or at a separate election called for that purpose by the board of directors.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 9. The district may levy property taxes at a rate not to exceed 20 cents on each $100 of assessed valuation to pay any part of the bonds or notes issued by the district if the authority to impose property taxes under this Act is approved by a majority of the voters voting at a confirmation election under Section 7 of this Act or at a separate election called for that purpose by the board of directors.

Revisor's Note

Section 3.0409, Chapter 966, and Section 9, Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, authorize the district to "levy property taxes." The revised law substitutes "impose" for "levy" because "impose" is the term generally used in Title 1, Tax Code, and includes the levying of a tax. The revised law also substitutes "ad valorem taxes" for "property taxes" because "ad valorem" is the term most commonly used to refer to a property tax.

Revisor's Note

(End of Chapter)

(1) Section 13, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides that a district created under that act may be modified by subsequent acts of the Texas Legislature. A fundamental principle of statutory construction is that one session of the legislature may not bind a future session of the legislature. By application of that principle, a district created under an act of the legislature may be modified by a subsequent legislative act without an express statement to that effect in the act creating the district. Accordingly, this chapter does not include a revision of that provision because it does not add to the clear meaning of the law. Section 13 reads:

Sec. 13. A district created under this Act may be modified by subsequent acts of the Texas Legislature. The modification may be in response to the recommendations of an interim study or committee, including the possibility of adding additional area to the district or merging the district with other districts for the purposes of the efficient and effective management of a common groundwater resource.

(2) Section 15, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, provides that an election to confirm the creation of a district under that act and to elect initial directors may not be held unless action is taken by the 77th Legislature, Regular Session, to ratify the creation of the district and provides for the dissolution of a district created by that act whose creation is not ratified. This chapter does not include a revision of that provision as it relates to the Lone Wolf Groundwater Conservation District because it was executed when the creation of the district was ratified by Section 3.0401, Chapter 966, and Section 1, Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, subject to approval at a confirmation election. Section 15 reads:

Sec. 15. (a) Notwithstanding the provisions of Section 10 of this Act, an election for the confirmation of the creation of a groundwater conservation district under this Act and for the selection of initial directors for such district shall not be held unless action is taken by the 77th Legislature in its Regular Session to ratify the creation of the district.

(b) Except as provided by Subsection (c) of this section, a groundwater conservation district created by this Act whose creation is not ratified by the 77th Legislature as provided by Subsection (a) of this section is dissolved effective September 1, 2001.

(c) If a groundwater conservation district is dissolved under this section, the district has no further authority, except that any debts incurred shall be paid and the organization of the district shall be maintained until all debts are paid.

(3) Section 3.0401, Chapter 966, and Section 1, Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, ratified the creation of the district, subject to approval at a confirmation election. The revised law omits those provisions as executed. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0401. The creation of the Lone Wolf Groundwater Conservation District in Mitchell County by Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, is ratified as required by Section 15(a) of that chapter, subject to approval at a confirmation election under Section 3.0407 of this part.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 1. The creation by Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate Bill No. 1911), of the Lone Wolf Groundwater Conservation District in Mitchell County is ratified as required by Section 15(a) of that Act, subject to approval at a confirmation election under Section 7 of this Act.

(4) Section 3.0410, Chapter 966, and Section 13(b), Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, contain transition language regarding the expiration of the part of the act relating to the district or of the act, respectively, if the district is not confirmed at a confirmation election before a certain date. The revised law omits those provisions as executed because the district was confirmed within the required period. The omitted law reads:

[Acts 77th Leg., R.S., Ch. 966]

Sec. 3.0410. If the creation of the district is not confirmed at a confirmation election held under Section 3.0407 of this part before September 1, 2003, the district is dissolved and this part expires on that date.

[Acts 77th Leg., R.S., Ch. 1328, Sec. 13]

(b) If the creation of the district is not confirmed at a confirmation election held under Section 7 of this Act before September 1, 2003, this Act expires on that date.

(5) Section 13.05, Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, provides that the act is severable. This chapter does not include a revision of that provision because it duplicates Section 311.032, Government Code (Code Construction Act), which states that a provision of a statute is severable from each other provision of the statute that can be given effect. Section 13.05 reads:

Sec. 13.05. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are declared to be severable.

(6) Section 16, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, recites legislative findings regarding procedural requirements for the creation of the districts created by that act under the constitution and other laws and rules, including proper legal notice and the filing of recommendations. Section 13.04, Chapter 966, and Section 10, Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, recite similar findings regarding requirements for the creation of the districts ratified by that act and of the Lone Wolf Groundwater Conservation District, respectively. This chapter does not include a revision of those provisions because they are executed. Sections 16, 13.04, and 10 read:

[Acts 76th Leg., R.S., Ch. 1331]

Sec. 16. (a) The proper and 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 by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.

(b) The Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

(c) 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.

(d) The procedural requirements of this section relating to the provision of notice have been met by the provision of notice of the introduction of the proposed Acts of the 76th Legislature relating to the creation of the groundwater conservation districts now created by this Act.

[Acts 77th Leg., R.S., Ch. 966]

Sec. 13.04. (a) The proper and 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 by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.

(c) All requirements of the constitution and laws of the state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

[Acts 77th Leg., R.S., Ch. 1328]

Sec. 10. (a) The proper and 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 by the constitution and other laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission.

(7) Sections 11 and 12, Chapter 1328, Acts of the 77th Legislature, Regular Session, 2001, validate certain acts of the district. Those provisions are omitted from the revised law because they served their purpose on the day they took effect and are executed law. Section 311.031(a)(2), Government Code (Code Construction Act), provides that the repeal of a statute does not affect any validation previously made under the statute. The omitted law reads:

Sec. 11. All past acts of the district are validated and confirmed.

Sec. 12. Section 11 of this Act does not apply to any matter that is the subject of litigation on the effective date of this Act.


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