By Gallego H.B. No. 2391
76R5715 MI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Presidio 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 Presidio County Groundwater
1-7 Conservation District, is created in Presidio 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 Presidio County Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Presidio 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 five directors appointed by the Presidio
2-16 County Commissioners Court.
2-17 (b) A member of the board must reside in the district.
2-18 (c) At least one member of the board must reside in each
2-19 county commissioners precinct.
2-20 (d) Each director must qualify to serve as director in the
2-21 manner provided by Section 36.055, Water Code.
2-22 (e) Directors other than initial directors serve staggered
2-23 three-year terms.
2-24 (f) A director serves until the director's successor has
2-25 qualified.
2-26 (g) If there is a vacancy on the board, the commissioners
2-27 court shall appoint a director to serve the remainder of the term.
3-1 (h) The commissioners court shall appoint a director to
3-2 succeed a director on or before the date the director's term
3-3 expires.
3-4 (i) A director may not receive a salary or other
3-5 compensation for service as a director but may be reimbursed for
3-6 actual expenses of attending meetings at the rate in effect for
3-7 employees of Presidio County.
3-8 SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not
3-9 later than the 31st day after the effective date of this Act, the
3-10 Presidio County Commissioners Court shall appoint:
3-11 (1) two directors to serve terms expiring February 1,
3-12 2000;
3-13 (2) two directors to serve terms expiring February 1,
3-14 2001; and
3-15 (3) one director to serve a term expiring February 1,
3-16 2002.
3-17 SECTION 8. CONFIRMATION ELECTION. (a) The initial board of
3-18 directors shall call and hold an election to confirm establishment
3-19 of the district.
3-20 (b) Section 41.001(a), Election Code, does not apply to a
3-21 confirmation election held as provided by this section.
3-22 (c) Except as provided by this section, a confirmation
3-23 election must be conducted as provided by Sections 36.017(b)-(h),
3-24 Water Code, and the Election Code.
3-25 (d) If the establishment of the district has not been
3-26 confirmed at an election held under this section before the fourth
3-27 anniversary of the effective date of this Act, this Act expires on
4-1 that date.
4-2 SECTION 9. TAXING AUTHORITY. The district may not levy or
4-3 collect an ad valorem tax in the district.
4-4 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-5 (a) The proper and legal notice of the intention to introduce this
4-6 Act, setting forth the general substance of this Act, has been
4-7 published as provided by law, and the notice and a copy of this Act
4-8 have been furnished to all persons, agencies, officials, or
4-9 entities to which they are required to be furnished by the
4-10 constitution and other laws of this state, including the governor,
4-11 who has submitted the notice and Act to the Texas Natural Resource
4-12 Conservation Commission.
4-13 (b) The Texas Natural Resource Conservation Commission has
4-14 filed its recommendations relating to this Act with the governor,
4-15 lieutenant governor, and speaker of the house of representatives
4-16 within the required time.
4-17 (c) All requirements of the constitution and laws of this
4-18 state and the rules and procedures of the legislature with respect
4-19 to the notice, introduction, and passage of this Act are fulfilled
4-20 and accomplished.
4-21 SECTION 11. REPEALER. Chapter 453, Acts of the 73rd
4-22 Legislature, Regular Session, 1993, is repealed.
4-23 SECTION 12. EFFECTIVE DATES. (a) Except as provided by
4-24 Subsection (b), this Act takes effect September 1, 1999.
4-25 (b) Section 11 of this Act takes effect on the date the
4-26 results of an election confirming the establishment of the district
4-27 are canvassed.
5-1 SECTION 13. EMERGENCY. The importance of this legislation
5-2 and the crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.