By: Madla S.B. No. 1942
A BILL TO BE ENTITLED
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
8-16 Saturday in May of the second 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 Saturday in May of each
8-24 subsequent second year, the appropriate number of directors shall
8-25 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.