1-1 AN ACT
1-2 relating to the creation of the Salt Fork Water Quality District;
1-3 authorizing the issuance of bonds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION. (a) A conservation and reclamation
1-6 district, to be known as the Salt Fork Water Quality District, is
1-7 created in Stonewall County. The district is a governmental agency
1-8 and a body politic and corporate.
1-9 (b) The district is created under and is essential to
1-10 accomplish the purposes of Section 59, Article XVI, Texas
1-11 Constitution.
1-12 SECTION 2. DEFINITION. In this Act, "district" means the
1-13 Salt Fork Water Quality District.
1-14 SECTION 3. BOUNDARIES. The boundaries of the district are
1-15 coextensive with the boundaries of Stonewall County.
1-16 SECTION 4. ANNEXATION OF AREA IN DISTRICT BY MUNICIPALITY.
1-17 (a) Subchapter D, Chapter 43, Local Government Code, does not
1-18 apply to the district.
1-19 (b) The existence of the district does not affect municipal
1-20 annexations or boundaries, and municipal annexations or boundary
1-21 changes do not affect the district or require assumption of its
1-22 assets or liabilities.
1-23 SECTION 5. FINDING OF BENEFIT. (a) All of the land and
1-24 other property included within the boundaries of the district will
2-1 be benefited by the works and projects that are to be accomplished
2-2 by the district under powers conferred by Section 59, Article XVI,
2-3 Texas Constitution.
2-4 (b) The district is created to serve a public use and
2-5 benefit.
2-6 SECTION 6. PURPOSE; POWERS; TAXES PROHIBITED. (a) The
2-7 district is created to:
2-8 (1) improve, preserve, and protect the quality of the
2-9 waters of the Salt Fork of the Brazos River and its tributaries;
2-10 and
2-11 (2) control and remove salt and other substances
2-12 affecting those waters.
2-13 (b) The district has all of the rights, privileges, powers,
2-14 and duties provided by the general law of this state, including
2-15 Chapters 49 and 65, Water Code, applicable to special utility
2-16 districts created under Section 59, Article XVI, Texas
2-17 Constitution, except that the district may not levy or collect
2-18 taxes.
2-19 (c) The district may:
2-20 (1) construct, acquire, own, lease, and operate
2-21 facilities;
2-22 (2) enter into contracts, leases, and other agreements
2-23 with, and accept grants, loans, and other assistance from this
2-24 state, political subdivisions of this state, and other entities;
2-25 (3) borrow money and issue bonds and other evidences
2-26 of indebtedness, if approved by resolution or order adopted by the
2-27 board of directors of the district, as provided by Chapter 65,
3-1 Water Code, or other applicable law; and
3-2 (4) sell salt, water, and other products on terms
3-3 approved by the board of directors of the district.
3-4 (d) The rights, privileges, powers, and duties of the
3-5 district are subject to the continuing right of supervision of the
3-6 state to be exercised by and through the Texas Natural Resource
3-7 Conservation Commission, except that bonds or facilities approved
3-8 or inspected by the Texas Water Development Board are not required
3-9 to be approved or inspected by the commission.
3-10 (e) This Act prevails over any provision of general law that
3-11 is in conflict or inconsistent with this Act.
3-12 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-13 governed by a board of five directors.
3-14 (b) Initial directors serve until permanent directors are
3-15 elected under Section 9 of this Act.
3-16 (c) Permanent directors serve concurrent two-year terms.
3-17 (d) Each director must qualify to serve as director in the
3-18 manner provided by Section 49.055, Water Code.
3-19 (e) A director serves until the director's successor has
3-20 qualified.
3-21 SECTION 8. INITIAL DIRECTORS. The initial board of
3-22 directors is composed of:
3-23 (1) Bobby McGough;
3-24 (2) Larry Dickerson;
3-25 (3) Gary Myers;
3-26 (4) Mike Hill; and
3-27 (5) Pat Cumbie.
4-1 SECTION 9. ELECTION OF PERMANENT DIRECTORS. Five permanent
4-2 directors shall be elected on the uniform election date established
4-3 by the Election Code in May of each even-numbered year, unless the
4-4 board of directors of the district determines a different election
4-5 date as provided by Chapter 65, Water Code.
4-6 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-7 (a) The proper and legal notice of the intention to introduce this
4-8 Act, setting forth the general substance of this Act, has been
4-9 published as provided by law, and the notice and a copy of this Act
4-10 have been furnished to all persons, agencies, officials, or
4-11 entities to which they are required to be furnished by the
4-12 constitution and other laws of this state, including the governor,
4-13 who has submitted the notice and Act to the Texas Natural Resource
4-14 Conservation Commission.
4-15 (b) The Texas Natural Resource Conservation Commission has
4-16 filed its recommendations relating to this Act with the governor,
4-17 lieutenant governor, and speaker of the house of representatives
4-18 within the required time.
4-19 (c) All requirements of the constitution and laws of this
4-20 state and the rules and procedures of the legislature with respect
4-21 to the notice, introduction, and passage of this Act are fulfilled
4-22 and accomplished.
4-23 SECTION 11. EMERGENCY. The importance of this legislation
4-24 and the crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended,
5-1 and that this Act take effect and be in force from and after its
5-2 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3814 was passed by the House on May
4, 1999, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3814 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor