AN ACT 1-1 relating to the creation, administration, powers, duties, 1-2 operation, and financing of the Culberson County Groundwater 1-3 Conservation District; granting the power of eminent domain; 1-4 authorizing the issuance of bonds and the imposition of taxes. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Creation. (a) A groundwater conservation 1-7 district, to be known as the Culberson County Groundwater 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 Groundwater 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 2-1 Culberson County, Texas, to a point found at the 2-2 Intersection of the West Boundary line of said County, 2-3 the South Westerly Boundary Line of said County; 2-4 Thence North 58 degree 30 minute East along the 2-5 South Boundary line of said Culberson County, to the 2-6 South East corner of Section 1, BLK 61, T-9, T&P.R.R. 2-7 Co., Surveys, said corner being in the South Boundary 2-8 line of said County; 2-9 Thence North along the East Boundary line of 2-10 Section 1, BLK 61, T-9, T&P. R.R.Co., to the N.E. 2-11 corner of said Section 1; 2-12 Thence North along the East Boundary line of 2-13 Sections 48, 37, 36, 25, 24, 13, 12, and 1, BLK. 61, 2-14 T-8, T&P. R.R.Co., to the N.E. corner of said Section 2-15 1; 2-16 Thence North along the East Boundary line of 2-17 Section 1, BLK 85, P.S.L. to the N.E. corner of said 2-18 Section 1; 2-19 Thence West along the North Boundary line of 2-20 Section 1, 2, 3, 4, 5, 6, 7, and 8, BLK. 88, P.S.L., To 2-21 the N.W. corner of said Section 8 and the S.E. corner 2-22 of Section 48, BLK. 62, P.S.L. 2-23 Thence North along the East Boundary line of 2-24 Sections 48, 37, 36, 25, 24, 13, 12, and 1, BLK. 62, 2-25 P.S.L., to the N.E. corner of said Section 1; 3-1 Thence North along the East Boundary line of 3-2 Sections 24, 13, 12, and 1, BLK. 88, P.S.L., to the 3-3 N.E. corner of said Section 1; 3-4 Thence West along the North Boundary line of 3-5 Sections 1, 2, 3, 4, 5, and 6, BLK. 88, P.S.L., to the 3-6 N.W. corner of said Section 6; 3-7 Thence North along the East Boundary line of 3-8 Section 42, 29, 28, 15, 14, and 1, BLK. 94, P.S.L. to 3-9 the N.E. corner of said Section 1; 3-10 Thence West along the North Boundary line of 3-11 Section 1, and 2, BLK. 94, P.S.L., To the intersection 3-12 point of the North Boundary line of said Section 2, and 3-13 the East Boundary line of Section 24, BLK. 98, P.S.L.; 3-14 Thence North along the East Boundary line of 3-15 Sections 24, 13, 12, and 1, BLK. 98, P.S.L., To the 3-16 N.E. corner of said Section 1; 3-17 Thence North along the East Boundary line of 3-18 Sections 24, 13, 12, and 1, BLK. 99, P.S.L.. To the 3-19 N.E. corner of said Section 1; 3-20 Thence West along the North Boundary line of 3-21 Sections 1, 2, 3, 4, 5, and 6, BLK. 99, P.S.L., To the 3-22 N.W. corner of said Section 6 and S.E. corner of 3-23 Section 48, BLK. 67 P.S.L.; 3-24 Thence North along the East Boundary ling of 3-25 Sections 48, 37 36, 25, 24, 13, 12, and 1, BLK. 67, 4-1 P.S.L. To the N.E. corner of said Section 1; 4-2 Thence West along the North Boundary line of 4-3 Sections 1, 2, 3, and 4, BLK 67, P.S.L. To the N.W. 4-4 corner of said Section 4 and S.E. corner of Section 44 4-5 BLK. 68, P.S.L.; 4-6 Thence North along the East Boundary line of 4-7 Sections 44, 41 32, 29, and 20 BLK. 68, P.S.L. To the 4-8 N.E. corner of said Section 20; 4-9 Thence West along the North Boundary line of 4-10 Sections 20 and 19, BLK. 68 P.S.L. To the N.W. corner 4-11 of said Section 19 and the N.E. corner of Section 24, 4-12 BLK 69, P.S.L.; 4-13 Thence North, along the East Boundary line of 4-14 Sections 13, 12, and 1 BLK. 69, P.S.L. To a point on 4-15 the N.E. corner of said section 1, said point also 4-16 being on the South Boundary line of Scrap File #12,887 4-17 Thence North of a point on the North Boundary 4-18 line of Scrap File #12,887 and the South Boundary line 4-19 of section 43, BLK. 64, T-2, T&P R.R. Co; 4-20 Thence West along the South Boundary line of 4-21 section 43, BLK. 64, T-2, T&P. R.R. Co., To the S.W. 4-22 corner of said Section 43 and S.E. corner of Section 4-23 48, BLK. 65, T-2 T&P R.R. Co; 4-24 Thence West along the South Boundary line of 4-25 Sections 48, 47, and 46, BLK 65 T-2, T&P R.R.Co., To 5-1 the S.W. corner of said Section 46 and S.E. corner of 5-2 Section 45, BLK 65, T-2, T&P.R.R. Co.; 5-3 Thence North along the East Boundary line of 5-4 sections 45, 40, and 33 BLK. 65 T-2, T&P R.R.Co. To the 5-5 N.E. corner of said Section 33; 5-6 Thence West along the North Boundary line of 5-7 Section 33, 32, and 31, BLK. 65, T-2, T&P. R.R. Co., To 5-8 the N.W. corner of said Section 31; 5-9 Thence South along the West Boundary line of 5-10 Section 31, To a point of intersection of said West 5-11 Boundary line Section 31 and the North Boundary line of 5-12 Section 15, BLK. 120 P.S.L.: 5-13 Thence West along the North Boundary line of 5-14 Sections 15, 16, 17, and 18, Blk. 120, P.S.L. to the 5-15 N.W. corner of said Section 18, said corner also being 5-16 on the West Boundary line of Culberson County, Texas, 5-17 and back to the "Point of Beginning." 5-18 SECTION 4. FINDING OF BENEFIT. All of the land and other 5-19 property included within the boundaries of the district will be 5-20 benefited by the works and projects that are to be accomplished by 5-21 the district under powers conferred by Section 59, Article XVI, 5-22 Texas Constitution. The district is created to serve a public use 5-23 and benefit. 5-24 SECTION 5. POWERS. (a) The district has all the rights, 5-25 powers, privileges, authority, functions, and duties provided by 6-1 the general law of this state, including Chapters 36 and 49, Water 6-2 Code, applicable to groundwater conservation districts created 6-3 under Section 59, Article XVI, Texas Constitution. This Act 6-4 prevails over any provision of general law that is in conflict or 6-5 inconsistent with this Act. 6-6 (b) The rights, powers, privileges, authority, functions, 6-7 and duties of the district are subject to the continuing right of 6-8 supervision of the state, to be exercised by and through the Texas 6-9 Natural Resource Conservation Commission. 6-10 (c) Notwithstanding Subsection (a) of this section, the 6-11 following provisions prevail over a conflicting or inconsistent 6-12 provision in this Act: 6-13 (1) Sections 36.107 through 36.108, Water Code; 6-14 (2) Sections 36.159 through 36.161, Water Code; and 6-15 (3) Subchapter I, Chapter 36, Water Code. 6-16 SECTION 6. BOARD OF DIRECTORS. (a) The district is 6-17 governed by a board of five directors. 6-18 (b) Temporary directors serve until initial directors are 6-19 elected under Section 8 of this Act. 6-20 (c) Initial directors serve until permanent directors are 6-21 elected under Section 9 of this Act. 6-22 (d) Permanent directors serve staggered four-year terms. 6-23 (e) Each director must qualify to serve as director in the 6-24 manner provided by Section 36.055, Water Code. 6-25 (f) A director serves until the director's successor has 7-1 qualified. 7-2 SECTION 7. TEMPORARY DIRECTORS. (a) The Commissioners 7-3 Court of Culberson County shall appoint five temporary directors. 7-4 (b) If a temporary director fails to qualify for office, the 7-5 temporary directors who have qualified shall appoint a person to 7-6 fill the vacancy. If at any time there are fewer than three 7-7 qualified temporary directors, the Commissioners Court of Culberson 7-8 County shall appoint the necessary number of persons to fill all 7-9 vacancies on the board. 7-10 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 7-11 (a) Not later than 30 days after the effective date of this Act, 7-12 the temporary board of directors shall call and hold an election to 7-13 confirm establishment of the district and to elect five initial 7-14 directors. 7-15 (b) A person who desires to be a candidate for the office of 7-16 initial director may file an application with the temporary board 7-17 to have the candidate's name printed on the ballot. 7-18 (c) At the confirmation and initial directors' election, the 7-19 temporary board of directors shall have the names of the five 7-20 persons serving as temporary directors placed on the ballot 7-21 together with the name of any candidate filing for the office of 7-22 director as provided by Subsection (b) of this section and blank 7-23 spaces to write in the names of other persons. If the district is 7-24 created at the election, the temporary board of directors, at the 7-25 time the vote is canvassed, shall declare the five persons who 8-1 receive the most votes to be elected as the initial directors and 8-2 shall include the results of the directors' election in its 8-3 election report to the Texas Natural Resource Conservation 8-4 Commission. 8-5 (d) The propositions to be voted may include, in addition to 8-6 confirmation of the district and election of directors, any 8-7 proposition authorized by the temporary board of directors. 8-8 (e) Subsection (a), Section 41.001, Election Code, does not 8-9 apply to a confirmation and initial directors' election held as 8-10 provided by this section. 8-11 (f) Except as provided by this section, a confirmation and 8-12 initial directors' election must be conducted as provided by 8-13 Subsections (b) through (h), Section 36.017, Water Code, and the 8-14 Election Code. 8-15 SECTION 9. ELECTION OF DIRECTORS. (a) On the first uniform 8-16 election day in May of the first year after the year in which the 8-17 district is authorized to be created at a confirmation election, an 8-18 election shall be held in the district for the election of two 8-19 directors who shall each serve two-year terms and three directors 8-20 who shall each serve four-year terms. The three directors 8-21 receiving the most votes shall serve the four-year terms and the 8-22 other two directors who are elected shall serve the two-year terms. 8-23 (b) Thereafter, on the first uniform election day in May of 8-24 each subsequent second year, the appropriate number of directors 8-25 shall be elected to the board. 9-1 SECTION 10. ADDITIONAL POWERS. The district may contract 9-2 for, sell, and distribute water from a water import authority or 9-3 other entity. 9-4 SECTION 11. STATUTORY INTERPRETATION. Except as otherwise 9-5 provided by this Act, if there is a conflict between this Act and 9-6 Chapter 36 or 49, Water Code, this Act controls. If there is a 9-7 conflict between Chapters 36 and 49, Water Code, Chapter 36 9-8 controls. 9-9 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 9-10 (a) The proper and legal notice of the intention to introduce this 9-11 Act, setting forth the general substance of this Act, has been 9-12 published as provided by law, and the notice and a copy of this Act 9-13 have been furnished to all persons, agencies, officials, or 9-14 entities to which they are required to be furnished by the 9-15 constitution and other laws of this state, including the governor, 9-16 who has submitted the notice and Act to the Texas Natural Resource 9-17 Conservation Commission. 9-18 (b) The Texas Natural Resource Conservation Commission has 9-19 filed its recommendations relating to this Act with the governor, 9-20 lieutenant governor, and speaker of the house of representatives 9-21 within the required time. 9-22 (c) All requirements of the constitution and laws of this 9-23 state and the rules and procedures of the legislature with respect 9-24 to the notice, introduction, and passage of this Act are fulfilled 9-25 and accomplished. 10-1 SECTION 13. Emergency. The importance of this legislation 10-2 and the crowded condition of the calendars in both houses create an 10-3 emergency and an imperative public necessity that the 10-4 constitutional rule requiring bills to be read on three several 10-5 days in each house be suspended, and this rule is hereby suspended, 10-6 and that this Act take effect and be in force from and after its 10-7 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1942 passed the Senate on May 19, 1997, by the following vote: Yeas 30, Nays 0; and that the Senate concurred in House amendment on May 29, 1997, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1942 passed the House, with amendment, on May 28, 1997, by the following vote: Yeas 136, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor