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.