1-1     By:  Counts (Senate Sponsor - Haywood)                H.B. No. 3814
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 1999, read first time and referred to Committee on Natural
 1-4     Resources; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of the Salt Fork Water Quality District;
 1-9     authorizing the issuance of bonds.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  CREATION.  (a)  A conservation and reclamation
1-12     district, to be known as the Salt Fork Water Quality District, is
1-13     created in Stonewall County.  The district is a governmental agency
1-14     and a body politic and corporate.
1-15           (b)  The district is created under and is essential to
1-16     accomplish the purposes of Section 59, Article XVI, Texas
1-17     Constitution.
1-18           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-19     Salt Fork Water Quality District.
1-20           SECTION 3.  BOUNDARIES.  The boundaries of the district are
1-21     coextensive with the boundaries of Stonewall County.
1-22           SECTION 4.  ANNEXATION OF AREA IN DISTRICT BY MUNICIPALITY.
1-23     (a)  Subchapter D, Chapter 43, Local Government Code, does not
1-24     apply to the district.
1-25           (b)  The existence of the district does not affect municipal
1-26     annexations or boundaries, and municipal annexations or boundary
1-27     changes do not affect the district or require assumption of its
1-28     assets or liabilities.
1-29           SECTION 5.  FINDING OF BENEFIT.  (a)  All of the land and
1-30     other property included within the boundaries of the district will
1-31     be benefited by the works and projects that are to be accomplished
1-32     by the district under powers conferred by Section 59, Article XVI,
1-33     Texas Constitution.
1-34           (b)  The district is created to serve a public use and
1-35     benefit.
1-36           SECTION 6.  PURPOSE; POWERS; TAXES PROHIBITED.  (a)  The
1-37     district is created to:
1-38                 (1)  improve, preserve, and protect the quality of the
1-39     waters of the Salt Fork of the Brazos River and its tributaries;
1-40     and
1-41                 (2)  control and remove salt and other substances
1-42     affecting those waters.
1-43           (b)  The district has all of the rights, privileges, powers,
1-44     and duties provided by the general law of this state, including
1-45     Chapters 49 and 65, Water Code, applicable to special utility
1-46     districts created under Section 59, Article XVI, Texas
1-47     Constitution, except that the district may not levy or collect
1-48     taxes.
1-49           (c)  The district may:
1-50                 (1)  construct, acquire, own, lease, and operate
1-51     facilities;
1-52                 (2)  enter into contracts, leases, and other agreements
1-53     with, and accept grants, loans, and other assistance from this
1-54     state, political subdivisions of this state, and other entities;
1-55                 (3)  borrow money and issue bonds and other evidences
1-56     of indebtedness, if approved by resolution or order adopted by the
1-57     board of directors of the district, as provided by Chapter 65,
1-58     Water Code, or other applicable law; and
1-59                 (4)  sell salt, water, and other products on terms
1-60     approved by the board of directors of the district.
1-61           (d)  The rights, privileges, powers, and duties of the
1-62     district are subject to the continuing right of supervision of the
1-63     state to be exercised by and through the Texas Natural Resource
1-64     Conservation Commission, except that bonds or facilities approved
 2-1     or inspected by the Texas Water Development Board are not required
 2-2     to be approved or inspected by the commission.
 2-3           (e)  This Act prevails over any provision of general law that
 2-4     is in conflict or inconsistent with this Act.
 2-5           SECTION 7.  BOARD OF DIRECTORS.  (a)  The district is
 2-6     governed by a board of five directors.
 2-7           (b)  Initial directors serve until permanent directors are
 2-8     elected under Section 9 of this Act.
 2-9           (c)  Permanent directors serve concurrent two-year terms.
2-10           (d)  Each director must qualify to serve as director in the
2-11     manner provided by Section 49.055, Water Code.
2-12           (e)  A director serves until the director's successor has
2-13     qualified.
2-14           SECTION 8.  INITIAL DIRECTORS.  The initial board of
2-15     directors is composed of:
2-16                 (1)  Bobby McGough;
2-17                 (2)  Larry Dickerson;
2-18                 (3)  Gary Myers;
2-19                 (4)  Mike Hill; and
2-20                 (5)  Pat Cumbie.
2-21           SECTION 9.  ELECTION OF PERMANENT DIRECTORS.  Five permanent
2-22     directors shall be elected on the uniform election date established
2-23     by the Election Code in May of each even-numbered year, unless the
2-24     board of directors of the district determines a different election
2-25     date as provided by Chapter 65, Water Code.
2-26           SECTION 10.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
2-27     (a)  The proper and legal notice of the intention to introduce this
2-28     Act, setting forth the general substance of this Act, has been
2-29     published as provided by law, and the notice and a copy of this Act
2-30     have been furnished to all persons, agencies, officials, or
2-31     entities to which they are required to be furnished by the
2-32     constitution and other laws of this state, including the governor,
2-33     who has submitted the notice and Act to the Texas Natural Resource
2-34     Conservation Commission.
2-35           (b)  The Texas Natural Resource Conservation Commission has
2-36     filed its recommendations relating to this Act with the governor,
2-37     lieutenant governor, and speaker of the house of representatives
2-38     within the required time.
2-39           (c)  All requirements of the constitution and laws of this
2-40     state and the rules and procedures of the legislature with respect
2-41     to the notice, introduction, and passage of this Act are fulfilled
2-42     and accomplished.
2-43           SECTION 11.  EMERGENCY.  The importance of this legislation
2-44     and the crowded condition of the calendars in both houses create an
2-45     emergency and an imperative public necessity that the
2-46     constitutional rule requiring bills to be read on three several
2-47     days in each house be suspended, and this rule is hereby suspended,
2-48     and that this Act take effect and be in force from and after its
2-49     passage, and it is so enacted.
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