By Walker                                             H.B. No. 3806
         76R5522 WP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation, administration, powers, duties,
 1-3     operation, and financing of the Trans-Pecos Groundwater
 1-4     Conservation District.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  CREATION.  (a)  A groundwater conservation
 1-7     district, to be known as the Trans-Pecos Groundwater Conservation
 1-8     District, is created in Loving and Reeves counties, subject to
 1-9     approval at a confirmation election under Section 8 of this Act.
1-10     The district is a governmental agency and a body politic and
1-11     corporate.
1-12           (b)  The district is created under and is essential to
1-13     accomplish the purposes of Section 59, Article XVI, Texas
1-14     Constitution.
1-15           SECTION 2.  DEFINITION.  In this Act, "district" means  the
1-16     Trans-Pecos Groundwater Conservation District.
1-17           SECTION 3.  FINDING OF BENEFIT.  All of the land and other
1-18     property included within the boundaries of the district will be
1-19     benefited by the works and projects that are to be accomplished by
1-20     the district under powers conferred by Section 59, Article XVI,
1-21     Texas Constitution.  The district is created to serve a public use
1-22     and benefit.
1-23           SECTION 4.  POWERS.  (a)  The district has all of the rights,
1-24     powers, privileges, authority, functions, and duties provided by
 2-1     the general law of this state, including Chapter 36, Water Code,
 2-2     applicable to groundwater conservation districts created under
 2-3     Section 59, Article XVI, Texas Constitution.  This Act prevails
 2-4     over any provision of general law that is in conflict or
 2-5     inconsistent with this Act.
 2-6           (b)  Notwithstanding Subsection (a) of this section, the
 2-7     following provisions prevail over a conflicting or inconsistent
 2-8     provision in this Act:
 2-9                 (1)  Sections 36.107-36.108, Water Code;
2-10                 (2)  Sections 36.159-36.161, Water Code; and
2-11                 (3)  Subchapter I, Chapter 36, Water Code.
2-12           SECTION 5.  BOARD OF DIRECTORS.  (a)  The district is
2-13     governed by a board of directors as provided by this section.
2-14     Temporary directors serve until the initial board of five directors
2-15     representing Loving County and five directors representing Reeves
2-16     County are elected under Section 8 of this Act. The board shall
2-17     adjust the number of directors representing the district when
2-18     additional territory is added to the district so that:
2-19                 (1)  each full county in the district is represented by
2-20     the same number of directors as each other full county in the
2-21     district;
2-22                 (2)  territory included in the district that comprises
2-23     less than a full county is represented by not more than one-half
2-24     the number of directors that represent a full county in the
2-25     district; and
2-26                 (3)  the board comprises not fewer than five and not
2-27     more than 11 directors.
 3-1           (b)  Except as provided by Section 8(d) of this Act,
 3-2     directors serve staggered four-year terms.
 3-3           (c)  Directors may serve consecutive terms.
 3-4           (d)  Each director must:
 3-5                 (1)  be a resident of the county the director
 3-6     represents for not less than one year before the election date; and
 3-7                 (2)  qualify to serve as director in the manner
 3-8     provided by Section 36.055, Water Code.
 3-9           (e)  A director serves until the director's successor has
3-10     qualified.
3-11           (f)  A vacancy in the office of director shall be filled by
3-12     appointment of the board until the next election for directors.  At
3-13     the next election for directors, a person shall be elected to fill
3-14     the position.  If the position is not scheduled to be filled at the
3-15     election, the person elected to fill the position shall serve only
3-16     for the remainder of the unexpired term.
3-17           (g)  A director may not receive compensation for serving on
3-18     the board but is entitled to reimbursement for actual reasonable
3-19     expenses incurred in performing duties as a director.
3-20           SECTION 6.  TEMPORARY DIRECTORS.  The commissioners court for
3-21     Loving and Reeves counties each shall appoint five temporary
3-22     directors as soon as practicable, but not later than 45 days after
3-23     the effective date of this Act.
3-24           SECTION 7.  ORGANIZATIONAL MEETING.  (a)  As soon as
3-25     practicable after the initial directors are appointed as provided
3-26     by this Act, the directors shall hold the organizational meeting of
3-27     the district and take office at that time.
 4-1           (b)  The directors shall hold the meeting at a location
 4-2     within the district to which a majority of the directors agree.
 4-3           SECTION 8.  CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
 4-4     (a)  The temporary board of directors shall call and hold an
 4-5     election to confirm establishment of the district and to elect the
 4-6     initial directors.
 4-7           (b)  At the confirmation and initial directors' election, the
 4-8     temporary board of directors shall have placed on the ballot the
 4-9     names of the candidates for each of 10 numbered positions on the
4-10     board. To qualify as a candidate for positions one through five, a
4-11     person must be a resident of Loving County. To qualify as a
4-12     candidate for positions six through 10, a person must be a resident
4-13     of Reeves County.
4-14           (c)  If the district is created at the election, the
4-15     temporary board of directors, at the time the vote is canvassed,
4-16     shall:
4-17                 (1)  declare the qualified person who receives the most
4-18     votes for each position to be elected as the initial director for
4-19     that position; and
4-20                 (2)  include the results of the initial directors'
4-21     election in the district's election report to the Texas Natural
4-22     Resource Conservation Commission.
4-23           (d)  The initial directors shall draw lots to determine their
4-24     terms so that:
4-25                 (1)  five directors serve four-year terms that expire
4-26     on the fourth anniversary of the date the initial directors were
4-27     elected; and
 5-1                 (2)  five directors serve two-year terms that expire on
 5-2     the second anniversary of the date the initial directors were
 5-3     elected.
 5-4           (e)  Section 41.001(a), Election Code, does not apply to a
 5-5     confirmation and initial directors' election held as provided by
 5-6     this section.
 5-7           (f)  Except as provided by this section, a confirmation and
 5-8     initial directors' election must be conducted as provided by
 5-9     Sections 36.017(b)-(h), Water Code, and the Election Code.
5-10           (g)  If the establishment of the district has not been
5-11     confirmed at an election held under this section before the fourth
5-12     anniversary of the effective date of this Act, this Act expires on
5-13     that date.
5-14           SECTION 9.  ELECTION OF PERMANENT DIRECTORS.  Beginning in
5-15     the second year after the year in which the district is authorized
5-16     to be created at a confirmation election, an election shall be held
5-17     in the district on the first Saturday in the month in which the
5-18     initial directors were elected under Section 8 of this Act and
5-19     every two years after that date to elect the appropriate number of
5-20     directors to the board.
5-21           SECTION 10.  BOUNDARIES.  The boundaries of the district are
5-22     coextensive with the boundaries of those counties whose voters
5-23     approve the groundwater conservation district at a confirmation
5-24     election held under Section 8 of this Act.
5-25           SECTION 11.  STATUTORY INTERPRETATION.  Except as otherwise
5-26     provided by this Act, if there is a conflict between this Act and
5-27     Chapter 36, Water Code, this Act controls.
 6-1           SECTION 12.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
 6-2     (a)  The proper and legal notice of the intention to introduce this
 6-3     Act, setting forth the general substance of this Act, has been
 6-4     published as provided by law, and the notice and a copy of this Act
 6-5     have been furnished to all persons, agencies, officials, or
 6-6     entities to which they are required to be furnished by the
 6-7     constitution and other laws of this state, including the governor,
 6-8     who has submitted the notice and Act to the Texas Natural Resource
 6-9     Conservation Commission.
6-10           (b)  The Texas Natural Resource Conservation Commission has
6-11     filed its recommendations relating to this Act with the governor,
6-12     lieutenant governor, and speaker of the house of representatives
6-13     within the required time.
6-14           (c)  All requirements of the constitution and laws of this
6-15     state and the rules and procedures of the legislature with respect
6-16     to the notice, introduction, and passage of this Act are fulfilled
6-17     and accomplished.
6-18           SECTION 13. EFFECTIVE DATE.  This Act takes effect September
6-19     1, 1999.
6-20           SECTION 14.  EMERGENCY.  The importance of this legislation
6-21     and the crowded condition of the calendars in both houses create an
6-22     emergency and an imperative public necessity that the
6-23     constitutional rule requiring bills to be read on three several
6-24     days in each house be suspended, and this rule is hereby suspended.