By Gallego H.B. No. 1233 76R9200 MI-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation of the Brewster County Groundwater 1-3 Conservation District. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. CREATION. (a) A groundwater conservation 1-6 district, to be known as the Brewster County Groundwater 1-7 Conservation District, is created in Brewster County, subject to 1-8 approval at a confirmation election under Section 8 of this Act. 1-9 The district is a governmental agency and a body politic and 1-10 corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 SECTION 2. DEFINITION. In this Act, "district" means the 1-15 Brewster County Groundwater Conservation District. 1-16 SECTION 3. BOUNDARIES. The boundaries of the district are 1-17 coextensive with the boundaries of Brewster County. 1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-19 property included within the boundaries of the district will be 1-20 benefited by the works and projects that are to be accomplished by 1-21 the district under powers conferred by Section 59, Article XVI, 1-22 Texas Constitution. The district is created to serve a public use 1-23 and benefit. 1-24 SECTION 5. POWERS. (a) The district has all the rights, 2-1 powers, privileges, authority, functions, and duties provided by 2-2 the general law of this state, including Chapter 36, Water Code, 2-3 applicable to groundwater conservation districts created under 2-4 Section 59, Article XVI, Texas Constitution. Chapter 49, Water 2-5 Code, does not apply to the district. This Act prevails over any 2-6 provision of general law that is in conflict or inconsistent with 2-7 this Act. 2-8 (b) The district has the power to limit the transfer of 2-9 groundwater out of the district, including the power to prohibit 2-10 the transfer. 2-11 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-12 governed by a board of seven directors appointed by the Brewster 2-13 County Commissioners Court. 2-14 (b) The board is composed of: 2-15 (1) three members who represent the cities, towns, or 2-16 population centers of Alpine, Lajitas, Marathon, Study Butte, and 2-17 Terlingua; 2-18 (2) three members who represent the rural part of 2-19 Brewster County, exclusive of the cities, towns, or population 2-20 centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua; 2-21 and 2-22 (3) one member who represents Brewster County at 2-23 large. 2-24 (c) A member described by Subsection (b)(1) must reside in 2-25 or in the immediate area of a city, town, or population center 2-26 listed in that subsection. 2-27 (d) At least one member of the board must reside in each 3-1 county commissioners precinct. 3-2 (e) Each director must qualify to serve as director in the 3-3 manner provided by Section 36.055, Water Code. 3-4 (f) Directors other than initial directors serve staggered 3-5 three-year terms. 3-6 (g) A director serves until the director's successor has 3-7 qualified. 3-8 (h) If there is a vacancy on the board, the commissioners 3-9 court shall appoint a director to serve the remainder of the term. 3-10 (i) The commissioners court shall appoint a director to 3-11 succeed a director on or before the date the director's term 3-12 expires. 3-13 (j) A director may not receive a salary or other 3-14 compensation for service as a director but may be reimbursed for 3-15 actual expenses of attending meetings at the rate in effect for 3-16 employees of Brewster County. 3-17 SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not 3-18 later than the 31st day after the effective date of this Act, the 3-19 Brewster County Commissioners Court shall appoint: 3-20 (1) two directors to serve terms expiring February 1, 3-21 2000; 3-22 (2) two directors to serve terms expiring February 1, 3-23 2001; and 3-24 (3) three directors to serve terms expiring February 3-25 1, 2002. 3-26 SECTION 8. CONFIRMATION ELECTION. (a) The initial board of 3-27 directors shall call and hold an election to confirm establishment 4-1 of the district. 4-2 (b) Section 41.001(a), Election Code, does not apply to a 4-3 confirmation election held as provided by this section. 4-4 (c) If a majority of the votes cast at the election favor 4-5 the establishment of the district, the temporary directors shall 4-6 declare the district created. If a majority of the votes cast at 4-7 the election are against the establishment of the district, the 4-8 temporary directors shall declare the district defeated. The 4-9 temporary directors shall file a copy of the election results with 4-10 the Texas Natural Resource Conservation Commission. 4-11 (d) If a majority of the votes cast at the election are 4-12 against the establishment of the district, the temporary directors 4-13 may call and hold a subsequent election to confirm establishment of 4-14 the district. A subsequent election may not be held earlier than 4-15 the first anniversary of the date on which the previous election 4-16 was held. If the establishment of the district is not confirmed at 4-17 an election held under this section on or before the second 4-18 anniversary of the effective date of this Act, this Act expires. 4-19 (e) Except as provided by this section, a confirmation 4-20 election must be conducted as provided by Sections 36.017(b)-(h), 4-21 Water Code, and the Election Code. 4-22 SECTION 9. TAXING AUTHORITY. The district may not levy or 4-23 collect an ad valorem tax in the district. 4-24 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 4-25 (a) The proper and legal notice of the intention to introduce this 4-26 Act, setting forth the general substance of this Act, has been 4-27 published as provided by law, and the notice and a copy of this Act 5-1 have been furnished to all persons, agencies, officials, or 5-2 entities to which they are required to be furnished by the 5-3 constitution and other laws of this state, including the governor, 5-4 who has submitted the notice and Act to the Texas Natural Resource 5-5 Conservation Commission. 5-6 (b) The Texas Natural Resource Conservation Commission has 5-7 filed its recommendations relating to this Act with the governor, 5-8 lieutenant governor, and speaker of the house of representatives 5-9 within the required time. 5-10 (c) All requirements of the constitution and laws of this 5-11 state and the rules and procedures of the legislature with respect 5-12 to the notice, introduction, and passage of this Act are fulfilled 5-13 and accomplished. 5-14 SECTION 11. EMERGENCY. The importance of this legislation 5-15 and the crowded condition of the calendars in both houses create an 5-16 emergency and an imperative public necessity that the 5-17 constitutional rule requiring bills to be read on three several 5-18 days in each house be suspended, and this rule is hereby suspended, 5-19 and that this Act take effect and be in force from and after its 5-20 passage, and it is so enacted.