By Gallego H.B. No. 1233 76R5587 SKT-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 Chapters 36 and 49, Water 2-3 Code, applicable to groundwater conservation districts created 2-4 under Section 59, Article XVI, Texas Constitution. This Act 2-5 prevails over any provision of general law that is in conflict or 2-6 inconsistent with this Act. 2-7 (b) The district has the power to limit the transfer of 2-8 groundwater out of the district, including the power to prohibit 2-9 the transfer. 2-10 (c) The rights, powers, privileges, authority, functions, 2-11 and duties of the district are subject to the continuing right of 2-12 supervision of the state, to be exercised by and through the Texas 2-13 Natural Resource Conservation Commission. 2-14 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-15 governed by a board of seven directors appointed by the Brewster 2-16 County Commissioners Court. 2-17 (b) The board is composed of: 2-18 (1) three members who represent the cities, towns, or 2-19 population centers of Alpine, Lajitas, Marathon, Study Butte, and 2-20 Terlingua; 2-21 (2) three members who represent the rural part of 2-22 Brewster County, exclusive of the cities, towns, or population 2-23 centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua; 2-24 and 2-25 (3) one member who represents Brewster County at 2-26 large. 2-27 (c) A member described by Subsection (b)(1) must reside in 3-1 or in the immediate area of a city, town, or population center 3-2 listed in that subsection. 3-3 (d) At least one member of the board must reside in each 3-4 county commissioners precinct. 3-5 (e) Each director must qualify to serve as director in the 3-6 manner provided by Section 36.055, Water Code. 3-7 (f) Directors other than initial directors serve staggered 3-8 three-year terms. 3-9 (g) A director serves until the director's successor has 3-10 qualified. 3-11 (h) If there is a vacancy on the board, the commissioners 3-12 court shall appoint a director to serve the remainder of the term. 3-13 (i) The commissioners court shall appoint a director to 3-14 succeed a director on or before the date the director's term 3-15 expires. 3-16 (j) A director may not receive a salary or other 3-17 compensation for service as a director but may be reimbursed for 3-18 actual expenses of attending meetings at the rate in effect for 3-19 employees of Brewster County. 3-20 SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not 3-21 later than the 31st day after the effective date of this Act, the 3-22 Brewster County Commissioners Court shall appoint: 3-23 (1) two directors to serve terms expiring February 1, 3-24 2000; 3-25 (2) two directors to serve terms expiring February 1, 3-26 2001; and 3-27 (3) three directors to serve terms expiring February 4-1 1, 2002. 4-2 SECTION 8. CONFIRMATION ELECTION. (a) The initial board of 4-3 directors shall call and hold an election to confirm establishment 4-4 of the district. 4-5 (b) Section 41.001(a), Election Code, does not apply to a 4-6 confirmation election held as provided by this section. 4-7 (c) Except as provided by this section, a confirmation 4-8 election must be conducted as provided by Sections 36.017(b)-(h), 4-9 Water Code, and the Election Code. 4-10 SECTION 9. TAXING AUTHORITY. The district may not levy or 4-11 collect an ad valorem tax in the district. 4-12 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 4-13 (a) The proper and legal notice of the intention to introduce this 4-14 Act, setting forth the general substance of this Act, has been 4-15 published as provided by law, and the notice and a copy of this Act 4-16 have been furnished to all persons, agencies, officials, or 4-17 entities to which they are required to be furnished by the 4-18 constitution and other laws of this state, including the governor, 4-19 who has submitted the notice and Act to the Texas Natural Resource 4-20 Conservation Commission. 4-21 (b) The Texas Natural Resource Conservation Commission has 4-22 filed its recommendations relating to this Act with the governor, 4-23 lieutenant governor, and speaker of the house of representatives 4-24 within the required time. 4-25 (c) All requirements of the constitution and laws of this 4-26 state and the rules and procedures of the legislature with respect 4-27 to the notice, introduction, and passage of this Act are fulfilled 5-1 and accomplished. 5-2 SECTION 11. EMERGENCY. The importance of this legislation 5-3 and the crowded condition of the calendars in both houses create an 5-4 emergency and an imperative public necessity that the 5-5 constitutional rule requiring bills to be read on three several 5-6 days in each house be suspended, and this rule is hereby suspended, 5-7 and that this Act take effect and be in force from and after its 5-8 passage, and it is so enacted.