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.