By Nixon S.B. No. 1880
76R8926 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Long Leaf Groundwater 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 Long Leaf Groundwater District, is
1-7 created in Nacogdoches, Rusk, Shelby, San Augustine, Smith, and
1-8 Gregg counties. The district is a governmental agency and a body
1-9 politic and corporate.
1-10 (b) The district is created under and is essential to
1-11 accomplish the purposes of Section 59, Article XVI, Texas
1-12 Constitution.
1-13 SECTION 2. DEFINITION. In this Act, "district" means the
1-14 Long Leaf Groundwater District.
1-15 SECTION 3. BOUNDARIES. The boundaries of the district are
1-16 coextensive with the boundaries of Nacogdoches, Rusk, Shelby, San
1-17 Augustine, Smith, and Gregg counties.
1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-19 property included within the boundaries of the district will be
1-20 benefited by the works and projects that are to be accomplished by
1-21 the district under powers conferred by Section 59, Article XVI,
1-22 Texas Constitution. The district is created to serve a public use
1-23 and benefit.
1-24 SECTION 5. POWERS. (a) The district has all of the rights,
2-1 powers, privileges, authority, functions, and duties provided by
2-2 the general law of this state, including Chapter 36, Water Code,
2-3 applicable to groundwater conservation districts created under
2-4 Section 59, Article XVI, Texas Constitution. Chapter 49, Water
2-5 Code, does not apply to the district. This Act prevails over any
2-6 provision of general law that is in conflict or inconsistent with
2-7 this Act.
2-8 (b) The rights, powers, privileges, authority, functions,
2-9 and duties of the district are subject to the continuing right of
2-10 supervision of the state to be exercised by and through the Texas
2-11 Natural Resource Conservation Commission.
2-12 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-13 governed by a board of nine directors appointed as provided by this
2-14 section.
2-15 (b) The governing bodies of the cities of Tyler,
2-16 Nacogdoches, and Longview each shall appoint one director.
2-17 (c) The commissioners court of each county in the district
2-18 shall each appoint one director.
2-19 (d) Directors other than initial directors serve staggered
2-20 four-year terms.
2-21 (e) Directors may serve consecutive terms.
2-22 (f) Each director must qualify to serve in the manner
2-23 provided by Section 36.055, Water Code.
2-24 (g) A director serves until the director's successor has
2-25 qualified.
2-26 (h) If a vacancy occurs, the entity that appointed the
2-27 director that vacated the office shall appoint a director to serve
3-1 the remainder of the term.
3-2 SECTION 7. INITIAL DIRECTORS. Each governing entity shall
3-3 appoint its initial director as soon as practicable, but not later
3-4 than the 45th day after the effective date of this Act. The
3-5 initial directors shall draw lots to determine which four initial
3-6 directors serve two-year terms and which five initial directors
3-7 serve four-year terms.
3-8 SECTION 8. ORGANIZATIONAL MEETING. (a) As soon as
3-9 practicable after the initial directors are appointed, the
3-10 directors shall hold the organizational meeting of the district.
3-11 (b) The directors shall hold the meeting at a location
3-12 within the district to which a majority of the directors agree.
3-13 SECTION 9. BONDS; TAXING AUTHORITY. (a) The district may
3-14 issue revenue bonds to finance the purchase of land or the
3-15 purchase, construction, or installation of facilities or equipment.
3-16 (b) The district may not levy a tax.
3-17 SECTION 10. GROUNDWATER RIGHTS. The ownership and rights of
3-18 the owners of land and their lessees and assigns in groundwater in
3-19 the district are recognized, and nothing in this Act shall be
3-20 construed as depriving or divesting the owners or their lessees and
3-21 assigns of their ownership or rights, subject to the rules adopted
3-22 by the district.
3-23 SECTION 11. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
3-24 (a) The proper and legal notice of the intention to introduce this
3-25 Act, setting forth the general substance of this Act, has been
3-26 published as provided by law, and the notice and a copy of this Act
3-27 have been furnished to all persons, agencies, officials, or
4-1 entities to which they are required to be furnished by the
4-2 constitution and other laws of this state, including the governor,
4-3 who has submitted the notice and Act to the Texas Natural Resource
4-4 Conservation Commission.
4-5 (b) The Texas Natural Resource Conservation Commission has
4-6 filed its recommendations relating to this Act with the governor,
4-7 lieutenant governor, and speaker of the house of representatives
4-8 within the required time.
4-9 (c) All requirements of the constitution and laws of this
4-10 state and the rules and procedures of the legislature with respect
4-11 to the notice, introduction, and passage of this Act are fulfilled
4-12 and accomplished.
4-13 SECTION 12. EFFECTIVE DATE. This Act takes effect September
4-14 1, 1999.
4-15 SECTION 13. EMERGENCY. The importance of this legislation
4-16 and the crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended.