76R9200 MI-D
By Gallego H.B. No. 1233
Substitute the following for H.B. No. 1233:
By Counts C.S.H.B. No. 1233
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.