By Counts H.B. No. 3814 76R8676 BDH-F A BILL TO BE ENTITLED 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.