By Hardcastle H.B. No. 3853
76R7364 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Tri-County Groundwater Conservation
1-3 District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION. (a) A groundwater conservation
1-6 district, to be known as the Tri-County Groundwater Conservation
1-7 District, is created in Foard, Hardeman, and Wilbarger counties,
1-8 subject to approval at a confirmation election under Section 8 of
1-9 this Act. The district is a governmental agency and a body politic
1-10 and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Tri-County Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Foard, Hardeman, and Wilbarger
1-18 counties.
1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-20 property included within the boundaries of the district will be
1-21 benefited by the works and projects that are to be accomplished by
1-22 the district under powers conferred by Section 59, Article XVI,
1-23 Texas Constitution. The district is created to serve a public use
1-24 and benefit.
2-1 SECTION 5. POWERS. (a) The district has all the rights,
2-2 powers, privileges, authority, functions, and duties provided by
2-3 the general law of this state, including Chapter 36, Water Code,
2-4 applicable to groundwater conservation districts created under
2-5 Section 59, Article XVI, Texas Constitution. Chapter 49, Water
2-6 Code, does not apply to the district. This Act prevails over any
2-7 provision of general law that is in conflict or inconsistent with
2-8 this Act.
2-9 (b) Notwithstanding Subsection (a) of this section, the
2-10 following provisions prevail over a conflicting or inconsistent
2-11 provision of this Act:
2-12 (1) Sections 36.107-36.108, Water Code;
2-13 (2) Sections 36.159-36.161, Water Code; and
2-14 (3) Subchapter I, Chapter 36, Water Code.
2-15 (c) The rights, powers, privileges, authority, functions,
2-16 and duties of the district are subject to the continuing right of
2-17 supervision of the state, to be exercised by and through the Texas
2-18 Natural Resource Conservation Commission.
2-19 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-20 governed by a board of six directors. Two directors are appointed
2-21 by the commissioners court of each county in the district.
2-22 (b) Each director must qualify to serve as director in the
2-23 manner provided by Section 36.055, Water Code.
2-24 (c) Directors other than initial directors serve staggered
2-25 four-year terms.
2-26 (d) A director serves until the director's successor has
2-27 qualified.
3-1 (e) If there is a vacancy on the board, the appropriate
3-2 commissioners court shall appoint a director to serve the remainder
3-3 of the term.
3-4 (f) The appropriate commissioners court shall appoint a
3-5 director to succeed a director on or before the date the director's
3-6 term expires.
3-7 (g) A director may not receive a salary or other
3-8 compensation for service as a director but may be reimbursed for
3-9 actual expenses of attending meetings.
3-10 SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. (a)
3-11 The initial board of directors is composed of:
3-12 (1) Bryan Whitman;
3-13 (2) Johnny Kajas;
3-14 (3) Ronnie Wilson;
3-15 (4) Kenneth Lehman;
3-16 (5) Roger McClendon; and
3-17 (6) Butch Tabor.
3-18 (b) The initial directors shall serve terms as follows:
3-19 (1) the two initial directors appointed by the Foard
3-20 County Commissioners Court shall serve terms expiring February 1,
3-21 2000;
3-22 (2) the two initial directors appointed by the
3-23 Hardeman County Commissioners Court shall serve terms expiring
3-24 February 1, 2002; and
3-25 (3) the two initial directors appointed by the
3-26 Wilbarger County Commissioners Court shall serve terms expiring
3-27 February 1, 2004.
4-1 SECTION 8. CONFIRMATION ELECTION. (a) The board of
4-2 directors shall call and hold an election to confirm the
4-3 establishment of the district.
4-4 (b) Section 41.001(a), Election Code, does not apply to a
4-5 confirmation election held as provided by this section.
4-6 (c) Except as provided by this section, a confirmation
4-7 election must be conducted as provided by Sections 36.017(b)-(h),
4-8 Water Code, and the Election Code.
4-9 (d) If the establishment of the district has not been
4-10 confirmed at an election held under this section on or before the
4-11 second anniversary of the effective date of this Act, this Act
4-12 expires.
4-13 SECTION 9. TAXING AUTHORITY. The district may levy and
4-14 collect an ad valorem tax in the district at a rate not to exceed
4-15 one cent on each $100 of assessed valuation.
4-16 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-17 (a) The proper and legal notice of the intention to introduce this
4-18 Act, setting forth the general substance of this Act, has been
4-19 published as provided by law, and the notice and a copy of this Act
4-20 have been furnished to all persons, agencies, officials, or
4-21 entities to which they are required to be furnished by the
4-22 constitution and other laws of this state, including the governor,
4-23 who has submitted the notice and Act to the Texas Natural Resource
4-24 Conservation Commission.
4-25 (b) The Texas Natural Resource Conservation Commission has
4-26 filed its recommendations relating to this Act with the governor,
4-27 lieutenant governor, and speaker of the house of representatives
5-1 within the required time.
5-2 (c) All requirements of the constitution and laws of this
5-3 state and the rules and procedures of the legislature with respect
5-4 to the notice, introduction, and passage of this Act are fulfilled
5-5 and accomplished.
5-6 SECTION 11. EMERGENCY. The importance of this legislation
5-7 and the crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended,
5-11 and that this Act take effect and be in force from and after its
5-12 passage, and it is so enacted.
5-13 COMMITTEE AMENDMENT NO. 1
5-14 Amend H.B. 3853 as follows:
5-15 On page 2, line 15, delete subsection (c) in its entirety.
5-16 Counts