1-1     By:  Madla                                            S.B. No. 1942

 1-2           (In the Senate - Filed April 29, 1997; April 30, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     May 17, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 10, Nays 0; May 17, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Brown

 1-7     Amend S.B. No. 1942 in SECTION 5 of the bill, add a new Subsection

 1-8     (c) to read as follows:

 1-9           (c)  Notwithstanding Subsection (a) of this section, the

1-10     following provisions prevail over a conflicting or inconsistent

1-11     provision in this Act:

1-12                 (1)  Sections 36.107 through 36.108, Water Code;

1-13                 (2)  Sections 36.159 through 36.161, Water Code; and

1-14                 (3)  Subchapter I, Chapter 36, Water Code.

1-15                            A BILL TO BE ENTITLED

1-16                                   AN ACT

1-17     relating to the creation, administration, powers, duties,

1-18     operation, and financing of the Culberson County Groundwater

1-19     Conservation District; granting the power of eminent domain;

1-20     authorizing the issuance of bonds and the imposition of taxes.

1-21           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-22           SECTION 1.  Creation.  (a)  A groundwater conservation

1-23     district, to be known as the Culberson County Groundwater

1-24     Conservation District, is created in Culberson County, subject to

1-25     approval at a confirmation election under Section 8 of this Act.

1-26     The district is a governmental agency and a body politic and

1-27     corporate.

1-28           (b)  The district is created under and is essential to

1-29     accomplish the purposes of Section 59, Article XVI, Texas

1-30     Constitution.

1-31           SECTION 2.  Definition.  In this Act, "district" means the

1-32     Culberson County Groundwater Conservation District.

1-33           SECTION 3.  Boundaries.  The district includes the territory

1-34     contained within the following area:

1-35                 Starting at the North West Corner of Section 18,

1-36           Blk. 120, P.S.1., said corner being in the West

1-37           Boundary line of Culberson County, Texas, and said

1-38           corner "Being The Point of Beginning:"

1-39                 Thence South along the West Boundary line of said

1-40           Culberson County, Texas, to a point found at the

1-41           Intersection of the West Boundary line of said County,

1-42           the South Westerly Boundary Line of said County;

1-43                 Thence North 58 degree 30 minute East along the

1-44           South Boundary line of said Culberson County, to the

1-45           South East corner of Section 1, BLK 61, T-9, T&P.R.R.

1-46           Co., Surveys, said corner being in the South Boundary

1-47           line of said County;

1-48                 Thence North along the East Boundary line of

1-49           Section 1, BLK 61, T-9, T&P. R.R.Co., to the N.E.

1-50           corner of said Section 1;

1-51                 Thence North along the East Boundary line of

1-52           Sections 48, 37, 36, 25, 24, 13, 12, and 1, BLK. 61,

1-53           T-8, T&P. R.R.Co., to the N.E. corner of said Section

1-54           1;

1-55                 Thence North along the East Boundary line of

1-56           Section 1, BLK 85, P.S.L. to the N.E. corner of said

1-57           Section 1;

1-58                 Thence West along the North Boundary line of

1-59           Section 1, 2, 3, 4, 5, 6, 7, and 8, BLK. 88, P.S.L., To

1-60           the N.W. corner of said Section 8 and the S.E. corner

1-61           of Section 48, BLK. 62, P.S.L.

1-62                 Thence North along the East Boundary line of

1-63           Sections 48, 37, 36, 25, 24, 13, 12, and 1, BLK. 62,

1-64           P.S.L., to the N.E. corner of said Section 1;

 2-1                 Thence North along the East Boundary line of

 2-2           Sections 24, 13, 12, and 1, BLK. 88, P.S.L., to the

 2-3           N.E. corner of said Section 1;

 2-4                 Thence West along the North Boundary line of

 2-5           Sections 1, 2, 3, 4, 5, and 6, BLK. 88, P.S.L., to the

 2-6           N.W. corner of said Section 6;

 2-7                 Thence North along the East Boundary line of

 2-8           Section 42, 29, 28, 15, 14, and 1, BLK. 94, P.S.L. to

 2-9           the N.E. corner of said Section 1;

2-10                 Thence West along the North Boundary line of

2-11           Section 1, and 2, BLK. 94, P.S.L., To the intersection

2-12           point of the North Boundary line of said Section 2, and

2-13           the East Boundary line of Section 24, BLK. 98, P.S.L.;

2-14                 Thence North along the East Boundary line of

2-15           Sections 24, 13, 12, and 1, BLK. 98, P.S.L., To the

2-16           N.E. corner of said Section 1;

2-17                 Thence North along the East Boundary line of

2-18           Sections 24, 13, 12, and 1, BLK. 99, P.S.L.. To the

2-19           N.E. corner of said Section 1;

2-20                 Thence West along the North Boundary line of

2-21           Sections 1, 2, 3, 4, 5, and 6, BLK. 99, P.S.L., To the

2-22           N.W. corner of said Section 6 and S.E. corner of

2-23           Section 48, BLK. 67 P.S.L.;

2-24                 Thence North along the East Boundary ling of

2-25           Sections 48, 37 36, 25, 24, 13, 12, and 1, BLK. 67,

2-26           P.S.L. To the N.E. corner of said Section 1;

2-27                 Thence West along the North Boundary line of

2-28           Sections 1, 2, 3, and 4, BLK 67, P.S.L. To the N.W.

2-29           corner of said Section 4 and S.E. corner of Section 44

2-30           BLK. 68, P.S.L.;

2-31                 Thence North along the East Boundary line of

2-32           Sections 44, 41 32, 29, and 20 BLK. 68, P.S.L. To the

2-33           N.E. corner of said Section 20;

2-34                 Thence West along the North Boundary line of

2-35           Sections 20 and 19, BLK. 68 P.S.L. To the N.W. corner

2-36           of said Section 19 and the N.E. corner of Section 24,

2-37           BLK 69, P.S.L.;

2-38                 Thence North, along the East Boundary line of

2-39           Sections 13, 12, and 1 BLK. 69, P.S.L. To a point on

2-40           the N.E. corner of said section 1, said point also

2-41           being on the South Boundary line of Scrap File #12,887

2-42                 Thence North of a point on the North Boundary

2-43           line of Scrap File #12,887 and the South Boundary line

2-44           of section 43, BLK. 64, T-2, T&P R.R. Co;

2-45                 Thence West along the South Boundary line of

2-46           section 43, BLK. 64, T-2, T&P. R.R. Co., To the S.W.

2-47           corner of said Section 43 and S.E. corner of Section

2-48           48, BLK. 65, T-2 T&P R.R. Co;

2-49                 Thence West along the South Boundary line of

2-50           Sections 48, 47, and 46, BLK 65 T-2, T&P R.R.Co., To

2-51           the S.W. corner of said Section 46 and S.E. corner of

2-52           Section 45, BLK 65, T-2, T&P.R.R. Co.;

2-53                 Thence North along the East Boundary line of

2-54           sections 45, 40, and 33 BLK. 65 T-2, T&P R.R.Co. To the

2-55           N.E. corner of said Section 33;

2-56                 Thence West along the North Boundary line of

2-57           Section 33, 32, and 31, BLK. 65, T-2, T&P. R.R. Co., To

2-58           the N.W. corner of said Section 31;

2-59                 Thence South along the West Boundary line of

2-60           Section 31, To a point of intersection of said West

2-61           Boundary line Section 31 and the North Boundary line of

2-62           Section 15, BLK. 120 P.S.L.:

2-63                 Thence West along the North Boundary line of

2-64           Sections 15, 16, 17, and 18, Blk. 120, P.S.L. to the

2-65           N.W. corner of said Section 18, said corner also being

2-66           on the West Boundary line of Culberson County, Texas,

2-67           and back to the "Point of Beginning."

2-68           SECTION 4.  FINDING OF BENEFIT.  All of the land and other

2-69     property included within the boundaries of the district will be

 3-1     benefited by the works and projects that are to be accomplished by

 3-2     the district under powers conferred by Section 59, Article XVI,

 3-3     Texas Constitution.  The district is created to serve a public use

 3-4     and benefit.

 3-5           SECTION 5.  POWERS.  (a)  The district has all the rights,

 3-6     powers, privileges, authority, functions, and duties provided by

 3-7     the general law of this state, including Chapters 36 and 49, Water

 3-8     Code, applicable to groundwater conservation districts created

 3-9     under Section 59, Article XVI, Texas Constitution. This Act

3-10     prevails over any provision of general law that is in conflict or

3-11     inconsistent with this Act.

3-12           (b)  The rights, powers, privileges, authority, functions,

3-13     and duties of the district are subject to the continuing right of

3-14     supervision of the state, to be exercised by and through the Texas

3-15     Natural Resource Conservation Commission.

3-16           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is

3-17     governed by a board of five directors.

3-18           (b)  Temporary directors serve until initial directors are

3-19     elected under Section 8 of this Act.

3-20           (c)  Initial directors serve until permanent directors are

3-21     elected under Section 9 of this Act.

3-22           (d)  Permanent directors serve staggered four-year terms.

3-23           (e)  Each director must qualify to serve as director in the

3-24     manner provided by Section 36.055, Water Code.

3-25           (f)  A director serves until the director's successor has

3-26     qualified.

3-27           SECTION 7.  TEMPORARY DIRECTORS.  (a)  The Commissioners

3-28     Court of Culberson County shall appoint five temporary directors.

3-29           (b)  If a temporary director fails to qualify for office, the

3-30     temporary directors who have qualified shall appoint a person to

3-31     fill the vacancy. If at any time there are fewer than three

3-32     qualified temporary directors, the Commissioners Court of Culberson

3-33     County shall appoint the necessary number of persons to fill all

3-34     vacancies on the board.

3-35           SECTION 8.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.

3-36     (a)  Not later than 30 days after the effective date of this Act,

3-37     the temporary board of directors shall call and hold an election to

3-38     confirm establishment of the district and to elect five initial

3-39     directors.

3-40           (b)  A person who desires to be a candidate for the office of

3-41     initial director may file an application with the temporary board

3-42     to have the candidate's name printed on the ballot.

3-43           (c)  At the confirmation and initial directors' election, the

3-44     temporary board of directors shall have the names of the five

3-45     persons serving as temporary directors placed on the ballot

3-46     together with the name of any candidate filing for the office of

3-47     director as provided by Subsection (b) of this section and blank

3-48     spaces to write in the names of other persons.  If the district is

3-49     created at the election, the temporary board of directors, at the

3-50     time the vote is canvassed, shall declare the five persons who

3-51     receive the most votes to be elected as the initial directors and

3-52     shall include the results of the directors' election in its

3-53     election report to the Texas Natural Resource Conservation

3-54     Commission.

3-55           (d)  The propositions to be voted may include, in addition to

3-56     confirmation of the district and election of directors, any

3-57     proposition authorized by the temporary board of directors.

3-58           (e)  Subsection (a), Section 41.001, Election Code, does not

3-59     apply to a confirmation and initial directors' election held as

3-60     provided by this section.

3-61           (f)  Except as provided by this section, a confirmation and

3-62     initial directors' election must be conducted as provided by

3-63     Subsections (b) through (h), Section 36.017, Water Code, and the

3-64     Election Code.

3-65           SECTION 9.  ELECTION OF DIRECTORS.  (a)  On the first

3-66     Saturday in May of the second year after the year in which the

3-67     district is authorized to be created at a confirmation election, an

3-68     election shall be held in the district for the election of two

3-69     directors who shall each serve two-year terms and three directors

 4-1     who shall each serve four-year terms.  The three directors

 4-2     receiving the most votes shall serve the four-year terms and the

 4-3     other two directors who are elected shall serve the two-year terms.

 4-4           (b)  Thereafter, on the first Saturday in May of each

 4-5     subsequent second year, the appropriate number of directors shall

 4-6     be elected to the board.

 4-7           SECTION 10.  ADDITIONAL POWERS.  The district may contract

 4-8     for, sell, and distribute water from a water import authority or

 4-9     other entity.

4-10           SECTION 11.  STATUTORY INTERPRETATION.  Except as otherwise

4-11     provided by this Act, if there is a conflict between this Act and

4-12     Chapter 36 or 49, Water Code, this Act controls. If there is a

4-13     conflict between Chapters 36 and 49, Water Code, Chapter 36

4-14     controls.

4-15           SECTION 12.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.

4-16     (a)  The proper and legal notice of the intention to introduce this

4-17     Act, setting forth the general substance of this Act, has been

4-18     published as provided by law, and the notice and a copy of this Act

4-19     have been furnished to all persons, agencies, officials, or

4-20     entities to which they are required to be furnished by the

4-21     constitution and other laws of this state, including the governor,

4-22     who has submitted the notice and Act to the Texas Natural Resource

4-23     Conservation Commission.

4-24           (b)  The Texas Natural Resource Conservation Commission has

4-25     filed its recommendations relating to this Act with the governor,

4-26     lieutenant governor, and speaker of the house of representatives

4-27     within the required time.

4-28           (c)  All requirements of the constitution and laws of this

4-29     state and the rules and procedures of the legislature with respect

4-30     to the notice, introduction, and passage of this Act are fulfilled

4-31     and accomplished.

4-32           SECTION 13.  Emergency.  The importance of this legislation

4-33     and the crowded condition of the calendars in both houses create an

4-34     emergency and an imperative public necessity that the

4-35     constitutional rule requiring bills to be read on three several

4-36     days in each house be suspended, and this rule is hereby suspended,

4-37     and that this Act take effect and be in force from and after its

4-38     passage, and it is so enacted.

4-39                                  * * * * *