By Madla                                              S.B. No. 1942

         75R8406 JJT-D                           

                                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 Groundwater

 1-4     Conservation District.

 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

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 36 and 49, Water

5-20     Code, applicable to groundwater conservation districts created

5-21     under Section 59, Article XVI, Texas Constitution.  This Act

5-22     prevails over any provision of general law that is in conflict or

5-23     inconsistent with this Act.

5-24           (b)  The rights, powers, privileges, authority, functions,

5-25     and duties of the district are subject to the continuing right of

5-26     supervision of the state to be exercised by and through the Texas

5-27     Natural Resource Conservation Commission.

 6-1           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is

 6-2     governed by a board of five directors.

 6-3           (b)  Temporary directors serve until initial directors are

 6-4     elected under Section 8 of this Act.

 6-5           (c)  Initial directors serve until permanent directors are

 6-6     elected under Section 9 of this Act.

 6-7           (d)  Permanent directors serve staggered four-year terms.

 6-8           (e)  Each director must qualify to serve as director in the

 6-9     manner provided by Section 36.055, Water Code.

6-10           (f)  A director serves until the director's successor has

6-11     qualified.

6-12           SECTION 7.  TEMPORARY DIRECTORS.  (a)  The Commissioners

6-13     Court of Culberson County shall appoint five temporary directors.

6-14           (b)  If a temporary director fails to qualify for office, the

6-15     temporary directors who have qualified shall appoint a person to

6-16     fill the vacancy.  If at any time there are fewer than three

6-17     qualified temporary directors, the Commissioners Court of Culberson

6-18     County shall appoint the necessary number of persons to fill all

6-19     vacancies on the board.

6-20           SECTION 8.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

6-21     (a)  Not later than 30 days after the effective date of this Act,

6-22     the temporary board of directors shall call and hold an election to

6-23     confirm establishment of the district and to elect five initial

6-24     directors.

6-25           (b)  A person who desires to be a candidate for the office of

6-26     initial director may file an application with the temporary board

6-27     to have the candidate's name printed on the ballot.

 7-1           (c)  At the confirmation and initial directors' election, the

 7-2     temporary board of directors shall have the names of the five

 7-3     persons serving as temporary directors placed on the ballot

 7-4     together with the name of any candidate filing for the office of

 7-5     director as provided by Subsection (b) of this section and blank

 7-6     spaces to write in the names of other persons.  If the district is

 7-7     created at the election, the temporary board of directors, at the

 7-8     time the vote is canvassed, shall declare the five persons who

 7-9     receive the most votes to be elected as the initial directors and

7-10     shall include the results of the directors' election in its

7-11     election report to the Texas Natural Resource Conservation

7-12     Commission.

7-13           (d)  The propositions to be voted may include, in addition to

7-14     confirmation of the district and election of directors, any

7-15     proposition authorized by the temporary board of directors.

7-16           (e)  Section 41.001(a), Election Code, does not apply to a

7-17     confirmation and initial directors' election held as provided by

7-18     this section.

7-19           (f)  Except as provided by this section, a confirmation and

7-20     initial directors' election must be conducted as provided by

7-21     Sections 36.017(b)-(h), Water Code, and the Election Code.

7-22           SECTION 9.  ELECTION OF DIRECTORS.  (a)  On the first

7-23     Saturday in May of the second year after the year in which the

7-24     district is authorized to be created at a confirmation election, an

7-25     election shall be held in the district for the election of two

7-26     directors who shall each serve two-year terms and three directors

7-27     who shall each serve four-year terms.  The three directors

 8-1     receiving the most votes shall serve the four-year terms and the

 8-2     other two directors who are elected shall serve the two-year terms.

 8-3           (b)  Thereafter, on the first Saturday in May of each

 8-4     subsequent second year, the appropriate number of directors shall

 8-5     be elected to the board.

 8-6           SECTION 10.  ADDITIONAL POWERS.  The district may contract

 8-7     for, sell, and distribute water from a water import authority or

 8-8     other entity.

 8-9           SECTION 11.  STATUTORY INTERPRETATION.  Except as otherwise

8-10     provided by this Act, if there is a conflict between this Act and

8-11     Chapter 36 or 49, Water Code, this Act controls.  If there is a

8-12     conflict between Chapters 36 and 49, Water Code, Chapter 36

8-13     controls.

8-14           SECTION 12.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.

8-15     (a)  The proper and legal notice of the intention to introduce this

8-16     Act, setting forth the general substance of this Act, has been

8-17     published as provided by law, and the notice and a copy of this Act

8-18     have been furnished to all persons, agencies, officials, or

8-19     entities to which they are required to be furnished by the

8-20     constitution and other laws of this state, including the governor,

8-21     who has submitted the notice and Act to the Texas Natural Resource

8-22     Conservation Commission.

8-23           (b)  The Texas Natural Resource Conservation Commission has

8-24     filed its recommendations relating to this Act with the governor,

8-25     lieutenant governor, and speaker of the house of representatives

8-26     within the required time.

8-27           (c)  All requirements of the constitution and laws of this

 9-1     state and the rules and procedures of the legislature with respect

 9-2     to the notice, introduction, and passage of this Act are fulfilled

 9-3     and accomplished.

 9-4           SECTION 13.  Emergency.  The importance of this legislation

 9-5     and the crowded condition of the calendars in both houses create an

 9-6     emergency and an imperative public necessity that the

 9-7     constitutional rule requiring bills to be read on three several

 9-8     days in each house be suspended, and this rule is hereby suspended,

 9-9     and that this Act take effect and be in force from and after its

9-10     passage, and it is so enacted.