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.