1-1 By: Gallego (Senate Sponsor - Madla) H.B. No. 3221
1-2 (In the Senate - Received from the House May 17, 1995;
1-3 May 19, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1995, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation, administration, powers, duties,
1-9 operation, and financing of the Culberson County Underground Water
1-10 Conservation District.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Creation. (a) An underground water conservation
1-13 district, to be known as the Culberson County Underground Water
1-14 Conservation District, is created in Culberson County, subject to
1-15 approval at a confirmation election under Section 8 of this Act.
1-16 The district is a governmental agency and a body politic and
1-17 corporate.
1-18 (b) The district is created under and is essential to
1-19 accomplish the purposes of Section 59, Article XVI, Texas
1-20 Constitution.
1-21 SECTION 2. Definition. In this Act, "district" means the
1-22 Culberson County Underground Water Conservation District.
1-23 SECTION 3. Boundaries. The district includes the territory
1-24 contained within the following area:
1-25 Starting at the North West Corner of Section 18,
1-26 Blk. 120, P.S.1., said corner being in the West
1-27 Boundary line of Culberson County, Texas, and said
1-28 corner "Being The Point of Beginning:"
1-29 Thence South along the West Boundary line of said
1-30 Culberson County, Texas, to a point found at the
1-31 Intersection of the West Boundary line of said County,
1-32 the South Westerly Boundary Line of said County;
1-33 Thence North 58 degree 30 minute East along the
1-34 South Boundary line of said Culberson County, to the
1-35 South East corner of Section 1, BLK 61, T-9, T&P.R.R.
1-36 Co., Surveys, said corner being in the South Boundary
1-37 line of said County;
1-38 Thence North along the East Boundary line of
1-39 Section 1, BLK 61, T-9, T&P. R.R.Co., to the N.E.
1-40 corner of said Section 1;
1-41 Thence North along the East Boundary line of
1-42 Sections 48, 37, 36, 25, 24, 13, 12, and 1, BLK. 61,
1-43 T-8, T&P. R.R.Co., to the N.E. corner of said Section
1-44 1;
1-45 Thence North along the East Boundary line of
1-46 Section 1, BLK 85, P.S.L. to the N.E. corner of said
1-47 Section 1;
1-48 Thence West along the North Boundary line of
1-49 Section 1, 2, 3, 4, 5, 6, 7, and 8, BLK. 88, P.S.L.,
1-50 To the N.W. corner of said Section 8 and the S.E.
1-51 corner of Section 48, BLK. 62, P.S.L.
1-52 Thence North along the East Boundary line of
1-53 Sections 48, 37, 36, 25, 24, 13, 12, and 1, BLK. 62,
1-54 P.S.L., to the N.E. corner of said Section 1;
1-55 Thence North along the East Boundary line of
1-56 Sections 24, 13, 12, and 1, BLK. 88, P.S.L., to the
1-57 N.E. corner of said Section 1;
1-58 Thence West along the North Boundary line of
1-59 Sections 1, 2, 3, 4, 5, and 6, BLK. 88, P.S.L., to the
1-60 N.W. corner of said Section 6;
1-61 Thence North along the East Boundary line of
1-62 Section 42, 29, 28, 15, 14, and 1, BLK. 94, P.S.L. to
1-63 the N.E. corner of said Section 1;
1-64 Thence West along the North Boundary line of
1-65 Section 1, and 2, BLK. 94, P.S.L., To the intersection
1-66 point of the North Boundary line of said Section 2, and
1-67 the East Boundary line of Section 24, BLK. 98, P.S.L.;
1-68 Thence North along the East Boundary line of
2-1 Sections 24, 13, 12, and 1, BLK. 98, P.S.L., To the
2-2 N.E. corner of said Section 1;
2-3 Thence North along the East Boundary line of
2-4 Sections 24, 13, 12, and 1, BLK. 99, P.S.L.. To the
2-5 N.E. corner of said Section 1;
2-6 Thence West along the North Boundary line of
2-7 Sections 1, 2, 3, 4, 5, and 6, BLK. 99, P.S.L., To the
2-8 N.W. corner of said Section 6 and S.E. corner of
2-9 Section 48, BLK. 67 P.S.L.;
2-10 Thence North along the East Boundary ling of
2-11 Sections 48, 37 36, 25, 24, 13, 12, and 1, BLK. 67,
2-12 P.S.L. To the N.E. corner of said Section 1;
2-13 Thence West along the North Boundary line of
2-14 Sections 1, 2, 3, and 4, BLK 67, P.S.L. To the N.W.
2-15 corner of said Section 4 and S.E. corner of Section 44
2-16 BLK. 68, P.S.L.;
2-17 Thence North along the East Boundary line of
2-18 Sections 44, 41 32, 29, and 20 BLK. 68, P.S.L. To the
2-19 N.E. corner of said Section 20;
2-20 Thence West along the North Boundary line of
2-21 Sections 20 and 19, BLK. 68 P.S.L. To the N.W. corner
2-22 of said Section 19 and the N.E. corner of Section 24,
2-23 BLK 69, P.S.L.;
2-24 Thence North, along the East Boundary line of
2-25 Sections 13, 12, and 1 BLK. 69, P.S.L. To a point on
2-26 the N.E. corner of said section 1, said point also
2-27 being on the South Boundary line of Scrap File #12,887
2-28 Thence North of a point on the North Boundary
2-29 line of Scrap File #12,887 and the South Boundary line
2-30 of section 43, BLK. 64, T-2, T&P R.R. Co;
2-31 Thence West along the South Boundary line of
2-32 section 43, BLK. 64, T-2, T&P. R.R. Co., To the S.W.
2-33 corner of said Section 43 and S.E. corner of Section
2-34 48, BLK. 65, T-2 T&P R.R. Co;
2-35 Thence West along the South Boundary line of
2-36 Sections 48, 47, and 46, BLK 65 T-2, T&P R.R.Co., To
2-37 the S.W. corner of said Section 46 and S.E. corner of
2-38 Section 45, BLK 65, T-2, T&P.R.R. Co.;
2-39 Thence North along the East Boundary line of
2-40 sections 45, 40, and 33 BLK. 65 T-2, T&P R.R.Co. To the
2-41 N.E. corner of said Section 33;
2-42 Thence West along the North Boundary line of
2-43 Section 33, 32, and 31, BLK. 65, T-2, T&P. R.R. Co., To
2-44 the N.W. corner of said Section 31;
2-45 Thence South along the West Boundary line of
2-46 Section 31, To a point of intersection of said West
2-47 Boundary line Section 31 and the North Boundary line of
2-48 Section 15, BLK. 120 P.S.L.:
2-49 Thence West along the North Boundary line of
2-50 Sections 15, 16, 17, and 18, Blk. 120, P.S.L. to the
2-51 N.W. corner of said Section 18, said corner also being
2-52 on the West Boundary line of Culberson County, Texas,
2-53 and back to the "Point of Beginning."
2-54 SECTION 4. FINDING OF BENEFIT. All of the land and other
2-55 property included within the boundaries of the district will be
2-56 benefited by the works and projects that are to be accomplished by
2-57 the district under powers conferred by Section 59, Article XVI,
2-58 Texas Constitution. The district is created to serve a public use
2-59 and benefit.
2-60 SECTION 5. POWERS. (a) The district has all the rights,
2-61 powers, privileges, authority, functions, and duties provided by
2-62 the general law of this state, including Chapters 50 and 52, Water
2-63 Code, applicable to underground water conservation districts
2-64 created under Section 59, Article XVI, Texas Constitution, and
2-65 including Chapter 51, Water Code. This Act prevails over any
2-66 provision of general law that is in conflict or inconsistent with
2-67 this Act.
2-68 (b) The rights, powers, privileges, authority, functions,
2-69 and duties of the district are subject to the continuing right of
2-70 supervision of the state to be exercised by and through the Texas
3-1 Water Commission.
3-2 SECTION 6. BOARD OF DIRECTORS. (a) The district is
3-3 governed by a board of five directors.
3-4 (b) Temporary directors serve until initial directors are
3-5 elected under Section 8 of this Act.
3-6 (c) Initial directors serve until permanent directors are
3-7 elected under Section 9 of this Act.
3-8 (d) Permanent directors serve staggered four-year terms.
3-9 (e) Each director must qualify to serve as director in the
3-10 manner provided by Sections 51.078 and 51.079, Water Code.
3-11 (f) A director serves until the director's successor has
3-12 qualified.
3-13 SECTION 7. TEMPORARY DIRECTORS. (a) The Commissioners
3-14 Court of Culberson County shall appoint five temporary directors.
3-15 (b) If a temporary director fails to qualify for office, the
3-16 temporary directors who have qualified shall appoint a person to
3-17 fill the vacancy. If at any time there are fewer than three
3-18 qualified temporary directors, the Commissioners Court of Culberson
3-19 County shall appoint the necessary number of persons to fill all
3-20 vacancies on the board.
3-21 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
3-22 (a) Not later than 30 days after the effective date of this Act,
3-23 the temporary board of directors shall call and hold an election to
3-24 confirm establishment of the district and to elect five initial
3-25 directors.
3-26 (b) A person who desires to be a candidate for the office of
3-27 initial director may file an application with the temporary board
3-28 to have the candidate's name printed on the ballot as provided by
3-29 Section 52.107, Water Code.
3-30 (c) At the confirmation and initial directors' election, the
3-31 temporary board of directors shall have the names of the five
3-32 persons serving as temporary directors placed on the ballot
3-33 together with the name of any candidate filing for the office of
3-34 director as provided by Subsection (b) of this section and blank
3-35 spaces to write in the names of other persons. If the district is
3-36 created at the election, the temporary board of directors, at the
3-37 time the vote is canvassed, shall declare the five persons who
3-38 receive the most votes to be elected as the initial directors and
3-39 shall include the results of the directors' election in its
3-40 election report to the Texas Natural Resource Conservation
3-41 Commission.
3-42 (d) The propositions to be voted may include, in addition to
3-43 confirmation of the district and election of directors, any
3-44 proposition authorized by the temporary board of directors.
3-45 (e) Section 41.001(a), Election Code, does not apply to a
3-46 confirmation and initial directors' election held as provided by
3-47 this section.
3-48 (f) Except as provided by this section, a confirmation and
3-49 initial directors' election must be conducted as provided by
3-50 Sections 52.059(b)-(g), Water Code, and the Election Code.
3-51 SECTION 9. ELECTION OF DIRECTORS. (a) On the first
3-52 Saturday in May of the second year after the year in which the
3-53 district is authorized to be created at a confirmation election, an
3-54 election shall be held in the district for the election of two
3-55 directors who shall each serve two-year terms and three directors
3-56 who shall each serve four-year terms. The three directors
3-57 receiving the most votes shall serve the four-year terms and the
3-58 other two directors who are elected shall serve the two-year terms.
3-59 (b) Thereafter, on the first Saturday in May of each
3-60 subsequent second year, the appropriate number of directors shall
3-61 be elected to the board.
3-62 SECTION 10. ADDITIONAL POWERS. The district may contract
3-63 for, sell, and distribute water from a water import authority or
3-64 other entity.
3-65 SECTION 11. ADDITION OF TERRITORY. Additional territory may
3-66 be added to the district as provided by Chapter 51, Water Code.
3-67 SECTION 12. STATUTORY INTERPRETATION. Except as otherwise
3-68 provided by this Act, if there is a conflict between this Act and
3-69 Chapter 50, Chapter 51, or Chapter 52, Water Code, this Act
3-70 controls. If there is a conflict between Chapter 50, Water Code,
4-1 and Chapter 51 or Chapter 52, Water Code, Chapter 51 or Chapter 52
4-2 controls. If there is a conflict between Chapter 51, Water Code,
4-3 and Chapter 52, Water Code, Chapter 52 controls.
4-4 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-5 (a) The proper and legal notice of the intention to introduce this
4-6 Act, setting forth the general substance of this Act, has been
4-7 published as provided by law, and the notice and a copy of this Act
4-8 have been furnished to all persons, agencies, officials, or
4-9 entities to which they are required to be furnished by the
4-10 constitution and other laws of this state, including the governor,
4-11 who has submitted the notice and Act to the Texas Water Commission.
4-12 (b) The Texas Natural Resource Conservation Commission has
4-13 filed its recommendations relating to this Act with the governor,
4-14 lieutenant governor, and speaker of the house of representatives
4-15 within the required time.
4-16 (c) All requirements of the constitution and laws of this
4-17 state and the rules and procedures of the legislature with respect
4-18 to the notice, introduction, and passage of this Act are fulfilled
4-19 and accomplished.
4-20 SECTION 14. Emergency. The importance of this legislation
4-21 and the crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended,
4-25 and that this Act take effect and be in force from and after its
4-26 passage, and it is so enacted.
4-27 * * * * *