By Walker H.B. No. 576
76R2173 WP-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 Trans-Pecos 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 Trans-Pecos Groundwater Conservation
1-8 District, is created in Loving, Pecos, and Reeves counties, subject
1-9 to 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 Trans-Pecos Groundwater Conservation District.
1-17 SECTION 3. FINDING OF BENEFIT. All of the land and other
1-18 property included within the boundaries of the district will be
1-19 benefited by the works and projects that are to be accomplished by
1-20 the district under powers conferred by Section 59, Article XVI,
1-21 Texas Constitution. The district is created to serve a public use
1-22 and benefit.
1-23 SECTION 4. POWERS. (a) The district has all of the rights,
1-24 powers, privileges, authority, functions, and duties provided by
2-1 the general law of this state, including Chapters 36 and 49, Water
2-2 Code, applicable to groundwater conservation districts created
2-3 under Section 59, Article XVI, Texas Constitution. This Act
2-4 prevails over any provision of general law that is in conflict or
2-5 inconsistent with this Act.
2-6 (b) The rights, powers, privileges, authority, functions,
2-7 and duties of the district are subject to the continuing right of
2-8 supervision of the state to be exercised by and through the Texas
2-9 Natural Resource Conservation Commission.
2-10 (c) Notwithstanding Subsection (a) of this section, the
2-11 following provisions prevail over a conflicting or inconsistent
2-12 provision in this Act:
2-13 (1) Sections 36.107-36.108, Water Code;
2-14 (2) Sections 36.159-36.161, Water Code; and
2-15 (3) Subchapter I, Chapter 36, Water Code.
2-16 SECTION 5. BOARD OF DIRECTORS. (a) The district is
2-17 governed by a board of nine directors appointed as provided by this
2-18 section.
2-19 (b) The commissioners court of Loving County shall appoint
2-20 two directors. The commissioners court of Pecos County shall
2-21 appoint three directors. The commissioners court of Reeves County
2-22 shall appoint four directors.
2-23 (c) Except as provided by Section 6 of this Act, directors
2-24 serve staggered four-year terms.
2-25 (d) Directors may serve consecutive terms.
2-26 (e) Each director must qualify to serve as director in the
2-27 manner provided by Section 36.055, Water Code.
3-1 (f) A director serves until the director's successor has
3-2 qualified.
3-3 (g) If a vacancy occurs on the board, the commissioners
3-4 court that appointed the director who vacated the office shall
3-5 appoint a director to serve the remainder of the term.
3-6 SECTION 6. INITIAL DIRECTORS. (a) Each commissioners court
3-7 shall appoint initial directors as soon as practicable, but not
3-8 later than 45 days after the effective date of this Act.
3-9 (b) The commissioners court of Loving County shall appoint
3-10 one director to serve an initial term that expires September 1,
3-11 2003, and one director to serve an initial term that expires
3-12 September 1, 2001.
3-13 (c) The commissioners court of Pecos County shall appoint
3-14 two directors to serve initial terms that expire September 1, 2003,
3-15 and one director to serve an initial term that expires September 1,
3-16 2001.
3-17 (d) The commissioners court of Reese County shall appoint
3-18 two directors to serve initial terms that expire September 1, 2003,
3-19 and two directors to serve initial terms that expire September 1,
3-20 2001.
3-21 SECTION 7. ORGANIZATIONAL MEETING. (a) As soon as
3-22 practicable after the initial directors are appointed as provided
3-23 by this Act, the directors shall hold the organizational meeting of
3-24 the district and take office at that time.
3-25 (b) The directors shall hold the meeting at a location
3-26 within the district to which a majority of the directors agree.
3-27 SECTION 8. CONFIRMATION ELECTION. (a) The initial board of
4-1 directors shall call and hold an election in each of the three
4-2 counties individually, to confirm establishment of the district.
4-3 (b) Section 41.001(a), Election Code, does not apply to a
4-4 confirmation election held as provided by this section.
4-5 SECTION 9. BOUNDARIES. The boundaries of the district are
4-6 coextensive with the boundaries of those counties whose voters
4-7 approve the groundwater conservation district at a confirmation
4-8 election held under Section 8 of this Act.
4-9 SECTION 10. STATUTORY INTERPRETATION. Except as otherwise
4-10 provided by this Act, if there is a conflict between this Act and
4-11 Chapter 36 or 49, Water Code, this Act controls. If there is a
4-12 conflict between Chapters 36 and 49, Water Code, Chapter 36
4-13 controls.
4-14 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
4-15 (a) The proper and legal notice of the intention to introduce this
4-16 Act, setting forth the general substance of this Act, has been
4-17 published as provided by law, and the notice and a copy of this Act
4-18 have been furnished to all persons, agencies, officials, or
4-19 entities to which they are required to be furnished by the
4-20 constitution and other laws of this state, including the governor,
4-21 who has submitted the notice and Act to the Texas Natural Resource
4-22 Conservation Commission.
4-23 (b) The Texas Natural Resource Conservation Commission has
4-24 filed its recommendations relating to this Act with the governor,
4-25 lieutenant governor, and speaker of the house of representatives
4-26 within the required time.
4-27 (c) All requirements of the constitution and laws of this
5-1 state and the rules and procedures of the legislature with respect
5-2 to the notice, introduction, and passage of this Act are fulfilled
5-3 and accomplished.
5-4 SECTION 12. EFFECTIVE DATE. This Act takes effect September
5-5 1, 1999.
5-6 SECTION 13. EMERGENCY. The importance of this legislation
5-7 and the crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended.