By Gallego H.B. No. 3221
74R7431 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Culberson County Underground Water
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Creation. (a) An underground water conservation
1-7 district, to be known as the Culberson County Underground Water
1-8 Conservation District, is created in Culberson County, subject to
1-9 approval at a confirmation election under Section 8 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. Definition. In this Act, "district" means the
1-16 Culberson County Underground Water Conservation District.
1-17 SECTION 3. Boundaries. The district includes the territory
1-18 contained within the following area:
1-19 Starting at the North West Corner of Section 18,
1-20 Blk. 120, P.S.1., said corner being in the West
1-21 Boundary line of Culberson County, Texas, and said
1-22 corner "Being The Point of Beginning:"
1-23 Thence South along the West Boundary line of said
1-24 Culberson County, Texas, to a point found at the
2-1 Intersection of the West Boundary line of said County,
2-2 the South Westerly Boundary Line of said County;
2-3 Thence North 58 degree 30 minute East along the
2-4 South Boundary line of said Culberson County, to the
2-5 South East corner of Section 1, BLK 61, T-9, T&P.R.R.
2-6 Co., Surveys, said corner being in the South Boundary
2-7 line of said County;
2-8 Thence North along the East Boundary line of
2-9 Section 1, BLK 61, T-9, T&P. R.R.Co., to the N.E.
2-10 corner of said Section 1;
2-11 Thence North along the East Boundary line of
2-12 Sections 48, 37, 36, 25, 24, 13, 12, and 1, BLK. 61,
2-13 T-8, T&P. R.R.Co., to the N.E. corner of said Section
2-14 1;
2-15 Thence North along the East Boundary line of
2-16 Section 1, BLK 85, P.S.L. to the N.E. corner of said
2-17 Section 1;
2-18 Thence West along the North Boundary line of
2-19 Section 1, 2, 3, 4, 5, 6, 7, and 8, BLK. 88, P.S.L.,
2-20 To the N.W. corner of said Section 8 and the S.E.
2-21 corner of Section 48, BLK. 62, P.S.L.
2-22 Thence North along the East Boundary line of
2-23 Sections 48, 37, 36, 25, 24, 13, 12, and 1, BLK. 62,
2-24 P.S.L., to the N.E. corner of said Section 1;
2-25 Thence North along the East Boundary line of
2-26 Sections 24, 13, 12, and 1, BLK. 88, P.S.L., to the
2-27 N.E. corner of said Section 1;
3-1 Thence West along the North Boundary line of
3-2 Sections 1, 2, 3, 4, 5, and 6, BLK. 88, P.S.L., to the
3-3 N.W. corner of said Section 6;
3-4 Thence North along the East Boundary line of
3-5 Section 42, 29, 28, 15, 14, and 1, BLK. 94, P.S.L. to
3-6 the N.E. corner of said Section 1;
3-7 Thence West along the North Boundary line of
3-8 Section 1, and 2, BLK. 94, P.S.L., To the intersection
3-9 point of the North Boundary line of said Section 2, and
3-10 the East Boundary line of Section 24, BLK. 98, P.S.L.;
3-11 Thence North along the East Boundary line of
3-12 Sections 24, 13, 12, and 1, BLK. 98, P.S.L., To the
3-13 N.E. corner of said Section 1;
3-14 Thence North along the East Boundary line of
3-15 Sections 24, 13, 12, and 1, BLK. 99, P.S.L.. To the
3-16 N.E. corner of said Section 1;
3-17 Thence West along the North Boundary line of
3-18 Sections 1, 2, 3, 4, 5, and 6, BLK. 99, P.S.L., To the
3-19 N.W. corner of said Section 6 and S.E. corner of
3-20 Section 48, BLK. 67 P.S.L.;
3-21 Thence North along the East Boundary ling of
3-22 Sections 48, 37 36, 25, 24, 13, 12, and 1, BLK. 67,
3-23 P.S.L. To the N.E. corner of said Section 1;
3-24 Thence West along the North Boundary line of
3-25 Sections 1, 2, 3, and 4, BLK 67, P.S.L. To the N.W.
3-26 corner of said Section 4 and S.E. corner of Section 44
3-27 BLK. 68, P.S.L.;
4-1 Thence North along the East Boundary line of
4-2 Sections 44, 41 32, 29, and 20 BLK. 68, P.S.L. To the
4-3 N.E. corner of said Section 20;
4-4 Thence West along the North Boundary line of
4-5 Sections 20 and 19, BLK. 68 P.S.L. To the N.W. corner
4-6 of said Section 19 and the N.E. corner of Section 24,
4-7 BLK 69, P.S.L.;
4-8 Thence North, along the East Boundary line of
4-9 Sections 13, 12, and 1 BLK. 69, P.S.L. To a point on
4-10 the N.E. corner of said section 1, said point also
4-11 being on the South Boundary line of Scrap File #12,887
4-12 Thence North of a point on the North Boundary
4-13 line of Scrap File #12,887 and the South Boundary line
4-14 of section 43, BLK. 64, T-2, T&P R.R. Co;
4-15 Thence West along the South Boundary line of
4-16 section 43, BLK. 64, T-2, T&P. R.R. Co., To the S.W.
4-17 corner of said Section 43 and S.E. corner of Section
4-18 48, BLK. 65, T-2 T&P R.R. Co;
4-19 Thence West along the South Boundary line of
4-20 Sections 48, 47, and 46, BLK 65 T-2, T&P R.R.Co., To
4-21 the S.W. corner of said Section 46 and S.E. corner of
4-22 Section 45, BLK 65, T-2, T&P.R.R. Co.;
4-23 Thence North along the East Boundary line of
4-24 sections 45, 40, and 33 BLK. 65 T-2, T&P R.R.Co. To the
4-25 N.E. corner of said Section 33;
4-26 Thence West along the North Boundary line of
4-27 Section 33, 32, and 31, BLK. 65, T-2, T&P. R.R. Co., To
5-1 the N.W. corner of said Section 31;
5-2 Thence South along the West Boundary line of
5-3 Section 31, To a point of intersection of said West
5-4 Boundary line Section 31 and the North Boundary line of
5-5 Section 15, BLK. 120 P.S.L.:
5-6 Thence West along the North Boundary line of
5-7 Sections 15, 16, 17, and 18, Blk. 120, P.S.L. to the
5-8 N.W. corner of said Section 18, said corner also being
5-9 on the West Boundary line of Culberson County, Texas,
5-10 and back to the "Point of Beginning."
5-11 SECTION 4. FINDING OF BENEFIT. All of the land and other
5-12 property included within the boundaries of the district will be
5-13 benefited by the works and projects that are to be accomplished by
5-14 the district under powers conferred by Section 59, Article XVI,
5-15 Texas Constitution. The district is created to serve a public use
5-16 and benefit.
5-17 SECTION 5. POWERS. (a) The district has all the rights,
5-18 powers, privileges, authority, functions, and duties provided by
5-19 the general law of this state, including Chapters 50 and 52, Water
5-20 Code, applicable to underground water conservation districts
5-21 created under Section 59, Article XVI, Texas Constitution, and
5-22 including Chapter 51, Water Code. This Act prevails over any
5-23 provision of general law that is in conflict or inconsistent with
5-24 this Act.
5-25 (b) The rights, powers, privileges, authority, functions,
5-26 and duties of the district are subject to the continuing right of
5-27 supervision of the state to be exercised by and through the Texas
6-1 Water Commission.
6-2 SECTION 6. BOARD OF DIRECTORS. (a) The district is
6-3 governed by a board of five directors.
6-4 (b) Temporary directors serve until initial directors are
6-5 elected under Section 8 of this Act.
6-6 (c) Initial directors serve until permanent directors are
6-7 elected under Section 9 of this Act.
6-8 (d) Permanent directors serve staggered four-year terms.
6-9 (e) Each director must qualify to serve as director in the
6-10 manner provided by Sections 51.078 and 51.079, Water Code.
6-11 (f) A director serves until the director's successor has
6-12 qualified.
6-13 SECTION 7. TEMPORARY DIRECTORS. (a) The Commissioners
6-14 Court of Culberson County shall appoint five temporary directors.
6-15 (b) If a temporary director fails to qualify for office, the
6-16 temporary directors who have qualified shall appoint a person to
6-17 fill the vacancy. If at any time there are fewer than three
6-18 qualified temporary directors, the Commissioners Court of Culberson
6-19 County shall appoint the necessary number of persons to fill all
6-20 vacancies on the board.
6-21 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
6-22 (a) Not later than 30 days after the effective date of this Act,
6-23 the temporary board of directors shall call and hold an election to
6-24 confirm establishment of the district and to elect five initial
6-25 directors.
6-26 (b) A person who desires to be a candidate for the office of
6-27 initial director may file an application with the temporary board
7-1 to have the candidate's name printed on the ballot as provided by
7-2 Section 52.107, Water Code.
7-3 (c) At the confirmation and initial directors' election, the
7-4 temporary board of directors shall have the names of the five
7-5 persons serving as temporary directors placed on the ballot
7-6 together with the name of any candidate filing for the office of
7-7 director as provided by Subsection (b) of this section and blank
7-8 spaces to write in the names of other persons. If the district is
7-9 created at the election, the temporary board of directors, at the
7-10 time the vote is canvassed, shall declare the five persons who
7-11 receive the most votes to be elected as the initial directors and
7-12 shall include the results of the directors' election in its
7-13 election report to the Texas Natural Resource Conservation
7-14 Commission.
7-15 (d) The propositions to be voted may include, in addition to
7-16 confirmation of the district and election of directors, any
7-17 proposition authorized by the temporary board of directors.
7-18 (e) Section 41.001(a), Election Code, does not apply to a
7-19 confirmation and initial directors' election held as provided by
7-20 this section.
7-21 (f) Except as provided by this section, a confirmation and
7-22 initial directors' election must be conducted as provided by
7-23 Sections 52.059(b)-(g), Water Code, and the Election Code.
7-24 SECTION 9. ELECTION OF DIRECTORS. (a) On the first
7-25 Saturday in May of the second year after the year in which the
7-26 district is authorized to be created at a confirmation election, an
7-27 election shall be held in the district for the election of two
8-1 directors who shall each serve two-year terms and three directors
8-2 who shall each serve four-year terms. The three directors
8-3 receiving the most votes shall serve the four-year terms and the
8-4 other two directors who are elected shall serve the two-year terms.
8-5 (b) Thereafter, on the first Saturday in May of each
8-6 subsequent second year, the appropriate number of directors shall
8-7 be elected to the board.
8-8 SECTION 10. ADDITIONAL POWERS. The district may contract
8-9 for, sell, and distribute water from a water import authority or
8-10 other entity.
8-11 SECTION 11. ADDITION OF TERRITORY. Additional territory may
8-12 be added to the district as provided by Chapter 51, Water Code.
8-13 SECTION 12. STATUTORY INTERPRETATION. Except as otherwise
8-14 provided by this Act, if there is a conflict between this Act and
8-15 Chapter 50, Chapter 51, or Chapter 52, Water Code, this Act
8-16 controls. If there is a conflict between Chapter 50, Water Code,
8-17 and Chapter 51 or Chapter 52, Water Code, Chapter 51 or Chapter 52
8-18 controls. If there is a conflict between Chapter 51, Water Code,
8-19 and Chapter 52, Water Code, Chapter 52 controls.
8-20 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
8-21 (a) The proper and legal notice of the intention to introduce this
8-22 Act, setting forth the general substance of this Act, has been
8-23 published as provided by law, and the notice and a copy of this Act
8-24 have been furnished to all persons, agencies, officials, or
8-25 entities to which they are required to be furnished by the
8-26 constitution and other laws of this state, including the governor,
8-27 who has submitted the notice and Act to the Texas Water Commission.
9-1 (b) The Texas Natural Resource Conservation Commission has
9-2 filed its recommendations relating to this Act with the governor,
9-3 lieutenant governor, and speaker of the house of representatives
9-4 within the required time.
9-5 (c) All requirements of the constitution and laws of this
9-6 state and the rules and procedures of the legislature with respect
9-7 to the notice, introduction, and passage of this Act are fulfilled
9-8 and accomplished.
9-9 SECTION 14. Emergency. The importance of this legislation
9-10 and the crowded condition of the calendars in both houses create an
9-11 emergency and an imperative public necessity that the
9-12 constitutional rule requiring bills to be read on three several
9-13 days in each house be suspended, and this rule is hereby suspended,
9-14 and that this Act take effect and be in force from and after its
9-15 passage, and it is so enacted.