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.