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. 2-50 * * * * *