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.