1-1     By:  Swinford (Senate Sponsor - Bivins)               H.B. No. 3849
 1-2           (In the Senate - Received from the House May 11, 1999;
 1-3     May 12, 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 5, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the name and powers of, and the validation of certain
 1-9     acts of, the North Plains Ground Water Conservation District No.
1-10     Two.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 1, Chapter 498, Acts of the 54th
1-13     Legislature, Regular Session, 1955, is amended to read as follows:
1-14           Sec. 1.  The creation and establishment of North Plains
1-15     Groundwater [Ground Water] Conservation District [No. Two],
1-16     composed of lands and territories situated within all or a portion
1-17     of the Texas Counties of Dallam, Hansford, Hartley, Hutchinson,
1-18     Lipscomb, Moore, Ochiltree and Sherman, the boundaries of said
1-19     District being described by metes and bounds in order canvassing
1-20     returns and declaring results of confirmation election, dated
1-21     January 27, 1955, recorded in Volume 1, Page 53, of the Ground
1-22     Water Conservation Records of Ochiltree County, Texas, and recorded
1-23     in Volume 119, Page 21 of the Deed Records of Ochiltree County,
1-24     Texas, to which reference is here made for a more complete
1-25     description, and which is incorporated herein by reference the same
1-26     as if copied herein in full, is hereby ratified, confirmed and
1-27     validated.  All acts of the Board of Water Engineers of the State
1-28     of Texas in regard to the designation of Subdivision Number Two, of
1-29     the Groundwater [Underground Water] Reservoir in the Ogallala
1-30     Formation, North of the Canadian River in Texas, dated August 16,
1-31     1954, in regard to the creation and establishing of said District,
1-32     and the appointment of seven (7) [five (5)] directors, and all acts
1-33     of the Board of Directors of said District in regard to the
1-34     creation and establishment of said District and in regard to
1-35     levying and collecting ad valorem taxes by said District are in all
1-36     things ratified, confirmed and validated, and said District,
1-37     composed of the land and territory described above, is hereby
1-38     declared to have been fully and duly created and established and
1-39     authorized to collect ad valorem taxes from and after the
1-40     confirmation and tax elections held within said District on January
1-41     21, 1955.
1-42           SECTION 2.  Sections 1A(b) and (c), Chapter 498, Acts of the
1-43     54th Legislature, Regular Session, 1955, are amended to read as
1-44     follows:
1-45           (b)  A Directors' election shall be held on the uniform
1-46     election date in May [first Saturday in April] in each
1-47     even-numbered year to elect the appropriate number of Directors.
1-48           (c)  Except as provided by this Section, a Directors'
1-49     election is held as provided by Chapter 36 [51], Water Code, and
1-50     the [Texas] Election Code.
1-51           SECTION 3.  Section 2, Chapter 498, Acts of the 54th
1-52     Legislature, Regular Session, 1955, is amended to read as follows:
1-53           Sec. 2.  North Plains Groundwater [Ground Water] Conservation
1-54     District [No. Two], hereinafter sometimes referred to as the
1-55     District, shall have and exercise and is hereby vested with all of
1-56     the rights, powers, privileges and duties conferred and imposed by
1-57     the general laws of this State now enforced or hereafter enacted
1-58     applicable to groundwater [underground water] conservation
1-59     districts created under authority of Article XVI, Section 59 of the
1-60     Constitution of Texas, and Chapter 36 [Chapters 51 and 52], Water
1-61     Code, to:
1-62                 (1)  formulate, promulgate and enforce rules and
1-63     regulations for the purpose of conserving, preserving, protecting
1-64     and recharging the [underground] water of any groundwater [the
 2-1     underground water] reservoir or subdivision of a groundwater
 2-2     reservoir in the district [thereof];
 2-3                 (2)  formulate, promulgate and enforce rules and
 2-4     regulations to prevent the waste, as defined in Chapter 36 [52],
 2-5     Water Code, of the underground water of any groundwater [the
 2-6     underground water] reservoir or subdivision of a groundwater
 2-7     reservoir in the district [thereof];
 2-8                 (3)  require permits for the drilling, equipping and
 2-9     completion of wells in any groundwater [the underground water]
2-10     reservoir of a groundwater reservoir in the district and to issue
2-11     such permits subject to such terms and provisions with reference to
2-12     the drilling, equipping and completion thereof as may be necessary
2-13     to prevent waste or contamination;
2-14                 (4)  provide for the spacing of wells producing from
2-15     any groundwater [the underground water] reservoir or subdivision of
2-16     a groundwater reservoir in the district [thereof] and to regulate
2-17     the production therefrom so as to minimize as far as practicable
2-18     the drawdown of the water table or the reduction of the artesian
2-19     pressure; provided, however, the owner of the land, his heirs,
2-20     assigns and lessees, shall not be denied a permit to drill a well
2-21     on his land and produce groundwater [underground water] therefrom
2-22     subject to rules and regulations promulgated hereunder to prevent
2-23     waste or contamination;
2-24                 (5)  require records to be kept and reports to be made
2-25     of the drilling, equipping, and completion of wells into the
2-26     reservoirs or subdivisions of groundwater reservoirs [underground
2-27     water reservoir or subdivision thereof] and the taking and use of
2-28     groundwater [underground water] therefrom; to require accurate
2-29     drillers' logs to be kept of such wells and a copy thereof and of
2-30     any electric logs which may be made of such wells to be filed with
2-31     the district [and the Texas Department of Water Resources];
2-32                 (6)  acquire lands for the erection of dams and for the
2-33     purpose of draining lakes, draws, and depressions, and to construct
2-34     dams, drain lakes, depressions, draws, and creeks and to install
2-35     pumps and other equipment necessary to recharge any groundwater
2-36     [the underground water] reservoir or subdivision of a groundwater
2-37     reservoir in the district [thereof, but such district shall not
2-38     engage in the sale or distribution of surface or underground water
2-39     for any purpose];
2-40                 (7)  cause to be made by a registered professional
2-41     engineer or qualified groundwater scientist [engineers] surveys of
2-42     the underground water of all groundwater reservoirs or subdivisions
2-43     of groundwater reservoirs in the district [the underground water
2-44     reservoir or subdivision thereof] and of the facilities for the
2-45     development, production and use of such [underground] water, to
2-46     determine the quantity thereof available for production and use and
2-47     the improvements, developments, and recharges needed for such
2-48     groundwater reservoirs or subdivisions of groundwater reservoirs in
2-49     the district [underground water reservoir or subdivision thereof];
2-50                 (8)  develop comprehensive plans for the most efficient
2-51     use of the [underground] water of the groundwater reservoirs or
2-52     subdivisions of groundwater reservoirs in the district [underground
2-53     water reservoir or subdivision thereof] and for the control and
2-54     prevention of waste of such groundwater [underground water], which
2-55     plans shall specify in such detail as may be practicable the acts,
2-56     procedure, performance and avoidance which are or may be necessary
2-57     to effect such plans, including specifications therefor; to carry
2-58     out research projects, develop information and determine
2-59     limitations, if any, which should be made on the withdrawal of
2-60     [underground] water from the groundwater reservoirs or subdivisions
2-61     of groundwater reservoirs in the district  [underground water
2-62     reservoir or subdivision thereof]; to collect and preserve
2-63     information regarding the use of such [underground] water and the
2-64     practicability of recharge of the groundwater reservoirs or
2-65     subdivisions of groundwater reservoirs in the district [underground
2-66     water subdivision thereof]; to publish such plans and information,
2-67     bring them to the notice and attention of the users of such
2-68     groundwater [underground water] within the district, and to
2-69     encourage their adoption and execution;
 3-1                 (9)  enforce, by injunction, mandatory injunction or
 3-2     other appropriate remedy, in courts of competent jurisdiction,
 3-3     rules and regulations duly adopted and promulgated by such
 3-4     district; provided, that no rule or regulation shall be effective
 3-5     until a brief resume thereof has been published once a week for two
 3-6     (2) consecutive weeks in one or more newspapers to give circulation
 3-7     within the district, and such rule or regulation is to be effective
 3-8     not less than fourteen (14) days after the date of the first
 3-9     publication;
3-10                 (10)  incur all such indebtedness as may be necessary
3-11     and requisite to the achievement of the purposes for which the
3-12     district is created; to issue negotiable bonds and notes in the
3-13     name of the district for any lawful purpose of the district [for
3-14     the purposes set forth in Section 2(6) of this Act] and levy and
3-15     collect such ad valorem taxes as may be necessary for the payment
3-16     of the interest and the creation of a sinking fund for the payment
3-17     of such bonds, the issuance of such bonds and the levy and
3-18     collection of taxes to be in accordance with Chapter 36 [51], Water
3-19     Code; to levy and collect the ad valorem tax authorized at the
3-20     election held January 21, 1955, for the maintenance of such
3-21     district, its installations and activities; to hereafter order
3-22     elections for the purpose of authorizing the levy and collection of
3-23     taxes for the maintenance of the district, its installations and
3-24     activities, such elections to be ordered and held as is provided
3-25     for elections authorizing the issuance of bonds; provided that in
3-26     all bond elections and tax elections all persons may vote who are
3-27     resident [, qualified property taxpaying] voters of such district
3-28     [whose property has been duly rendered for taxation as provided in
3-29     Article VI, Section 3a, Constitution of Texas]; provided further
3-30     that the maintenance and operating [aggregate amount of] taxes [for
3-31     all purposes] may never in any one year exceed Five [Fifty] Cents
3-32     (5 ) [(50 )] on the One Hundred Dollar ($100) assessed valuation on
3-33     property in the district subject to taxation; and provided,
3-34     further, that the district may have its taxes assessed and
3-35     collected by the respective county tax assessors and collectors as
3-36     provided in Chapter 218, Page 348, Acts, Fifty-second Legislature,
3-37     Regular Session, 1951.
3-38           SECTION 4.  The following acts of the North Plains Ground
3-39     Water Conservation District No. Two are validated and confirmed in
3-40     all respects as if the actions had been taken as authorized by law:
3-41                 (1)  all acts and governmental proceedings of the
3-42     district taken before the effective date of this Act, including
3-43     the adoption of rules, the approval or issuance of water well
3-44     drilling permits, annexations of land and land purchases, and
3-45     changes in the number and terms of the directors of the district;
3-46                 (2)  all bonds and other obligations of the district
3-47     authorized or issued before the effective date of this Act,
3-48     including all proceedings taken before the effective date of this
3-49     Act that are related to those bonds or other obligations; and
3-50                 (3)  all directors of the district whether elected or
3-51     appointed who took office before the effective date of this Act.
3-52           SECTION 5.  Section 4 of this Act does not apply to any act,
3-53     proceeding, director, bond, or obligation the validity of which or
3-54     of whom is the subject of litigation that is pending on the
3-55     effective date of this Act.
3-56           SECTION 6.  The importance of this legislation and the
3-57     crowded condition of the calendars in both houses create an
3-58     emergency and an imperative public necessity that the
3-59     constitutional rule requiring bills to be read on three several
3-60     days in each house be suspended, and this rule is hereby suspended,
3-61     and that this Act take effect and be in force from and after its
3-62     passage, and it is so enacted.
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