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 * * * * *