76R16790 MI-F By Brown S.B. No. 1911 Substitute the following for S.B. No. 1911: By Lewis of Orange C.S.S.B. No. 1911 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 operation, and financing of certain groundwater conservation 1-4 districts. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CREATION. (a) The following groundwater 1-7 conservation districts are created: 1-8 (1) Bergesland Groundwater Conservation District; 1-9 (2) Blanco-Pedernales Groundwater Conservation 1-10 District; 1-11 (3) Brazos Valley Groundwater Conservation District; 1-12 (4) Crossroads Groundwater Conservation District; 1-13 (5) Hays Trinity Groundwater Conservation District; 1-14 (6) Lavaca Groundwater Conservation District; 1-15 (7) Lone Wolf Groundwater Conservation District; 1-16 (8) Lost Pines Groundwater Conservation District; 1-17 (9) McMullen Groundwater Conservation District; 1-18 (10) Middle Pecos Groundwater Conservation District; 1-19 (11) Red Sands Groundwater Conservation District; 1-20 (12) Refugio Groundwater Conservation District; 1-21 (13) Southeast Trinity Groundwater Conservation 1-22 District; 1-23 (14) Texana Groundwater Conservation District; 2-1 (15) Trans-Pecos Groundwater Conservation District; 2-2 (16) Tri-County Groundwater Conservation District; and 2-3 (17) Trinity Glen Rose Groundwater Conservation 2-4 District. 2-5 (b) A district created under this section is a governmental 2-6 agency and a body politic and corporate. 2-7 (c) Each district created under this section is created 2-8 under and is essential to accomplish the purposes of Section 59, 2-9 Article XVI, Texas Constitution. 2-10 SECTION 2. BOUNDARIES. (a) The boundaries of the following 2-11 groundwater conservation districts are coextensive with county 2-12 boundaries as follows: 2-13 (1) the boundaries of the Bergesland Groundwater 2-14 Conservation District are coextensive with the boundaries of 2-15 Kendall County; 2-16 (2) the boundaries of the Blanco-Pedernales 2-17 Groundwater Conservation District are coextensive with the 2-18 boundaries of Blanco County; 2-19 (3) the boundaries of the Brazos Valley Groundwater 2-20 Conservation District are coextensive with the boundaries of 2-21 Robertson and Brazos Counties; 2-22 (4) the boundaries of the Crossroads Groundwater 2-23 Conservation District are coextensive with the boundaries of 2-24 Victoria County; 2-25 (5) the boundaries of the Lavaca Groundwater 2-26 Conservation District are coextensive with the boundaries of Lavaca 2-27 County; 3-1 (6) the boundaries of the Lone Wolf Groundwater 3-2 Conservation District are coextensive with the boundaries of 3-3 Mitchell County; 3-4 (7) the boundaries of the Lost Pines Groundwater 3-5 Conservation District are coextensive with the boundaries of 3-6 Bastrop and Lee Counties, but if the voters of only one county 3-7 confirm the creation of the district under Section 10 of this Act, 3-8 the boundaries of the district are coextensive with the boundaries 3-9 of that county; 3-10 (8) the boundaries of the McMullen Groundwater 3-11 Conservation District are coextensive with the boundaries of 3-12 McMullen County; 3-13 (9) the boundaries of the Middle Pecos Groundwater 3-14 Conservation District are coextensive with the boundaries of Pecos 3-15 County; 3-16 (10) the boundaries of the Refugio Groundwater 3-17 Conservation District are coextensive with the boundaries of 3-18 Refugio County; 3-19 (11) the boundaries of the Texana Groundwater 3-20 Conservation District are coextensive with the boundaries of 3-21 Jackson County; 3-22 (12) the boundaries of the Trans-Pecos Groundwater 3-23 Conservation District are coextensive with the boundaries of Loving 3-24 and Reeves Counties; and 3-25 (13) the boundaries of the Tri-County Groundwater 3-26 Conservation District are coextensive with the boundaries of Foard, 3-27 Hardeman, and Wilbarger Counties. 4-1 (b) The boundaries of the Hays Trinity Groundwater 4-2 Conservation District are coextensive with the boundaries of Hays 4-3 County, excluding the part of the county within the boundaries of 4-4 the Barton Springs-Edwards Aquifer Conservation District or the 4-5 Edwards Aquifer Authority. 4-6 (c) The Red Sands Groundwater Conservation District includes 4-7 all of the territory contained in the following described area: 4-8 A 19,232 acre tract more or less out of San Salvador Del Tule Grant 4-9 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map 4-10 records and out of the Santa Anita Grant as recorded in Volume 7, 4-11 Page 38 of the Hidalgo County, Texas map records. 4-12 Commencing at the Southeast Corner of this here in described 4-13 boundary tract, said point being the intersection of the centerline 4-14 of U.S. Highway 281 and the centerline of Farm to Market Road 4-15 number 490 (F.M. 490) (West Hargill Road) as shown in the map of 4-16 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of 4-17 the Hidalgo County map records. Said point is also the point of 4-18 beginning. 4-19 Thence, Westerly along the center line of the F.M. 490, an 4-20 approximate distance of 18,400 feet to a point on the West line of 4-21 San Salvador Del Tule Grant, said point also being the intersection 4-22 of the centerline of F.M. 490 and the West line of the San Salvador 4-23 Del Tule Grant, 4-24 Thence, Northerly along the West line of the San Salvador Del Tule 4-25 Grant and the East line of the Santa Anita Grant at an approximate 4-26 distance of 21,300 feet to a point, said point being an inside 4-27 corner of this herein described tract, and also being the Southeast 5-1 corner of Redland Vineyards Subdivision as recorded in Volume 4, 5-2 Page 51 of the Hidalgo County map records, 5-3 Thence, Westerly along the South line of the Redland Vineyards 5-4 Subdivision, an approximate distance of 4,238 feet to a point, said 5-5 point being an outside corner of this herein described tract, said 5-6 point also being the Southwest corner of the Redland Vineyard 5-7 Subdivision, 5-8 Thence, Northerly with the West line of Redland Vineyards 5-9 Subdivision, at approximately 4,590.50 feet past a point, said 5-10 point being the Northwest corner of Redland Vineyard Subdivision, 5-11 and the Southwest corner of Delbridge Subdivision as recorded in 5-12 Volume 5, Page 11, Hidalgo County map records, and continuing 5-13 Northerly along the West line of Delbridge Subdivision for an 5-14 approximate total distance of 6,646 feet to a point, said point 5-15 being an inside corner of this herein described tract, and also 5-16 being the Northwest corner of Delbridge Subdivision, 5-17 Thence, Westerly along the South line of a 196.37 acres tract, 5-18 known as the A.B. De Kock Tract, an approximate distance of 3,500 5-19 feet past the Southeast corner of share 4, out of the 8,374.70 acre 5-20 tract partition out of the Santa Anita Grant as recorded in Volume 5-21 7, Page 38, in the Hidalgo County map records and continuing 5-22 Westerly for an approximate total distance of 6,500 feet to a 5-23 point, said point being an outside corner of this herein described 5-24 tract and also being the Southwest corner of share 4, 5-25 Thence, Northerly along the West line of share 4, an approximate 5-26 total distance of 19,143 feet to a point, said point being the 5-27 Northwest corner of this herein described tracts and, the 6-1 intersection of the West line of share 4 and the centerline of Farm 6-2 to Market Road number 1017, (F.M. 1017) 6-3 Thence, in a Southeasterly direction, with the Right-of-Way 6-4 centerline of Farm to Market Road number 1017 (F.M. 1017) an 6-5 approximate total distance of 27,800 feet to a point, said point 6-6 being the Northeast corner of this herein described tract, and also 6-7 being the intersection of the centerline of F.M. 1017 Right-of-Way 6-8 and the center line of the U.S. Highway 281 Right-Of-Way, 6-9 Thence, in a Southerly direction, with the centerline of U.S. 6-10 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet 6-11 past Floral Road, and at approximate 21,700 feet past Red Gate Road 6-12 and at approximate 29,700 feet past Laguna Seca Road and for an 6-13 approximate total distance of 39,300 feet to the point of beginning 6-14 of this here in described tract, said tract contains 19,232 Acres, 6-15 More or Less. 6-16 (d) The boundaries of the Southeast Trinity Groundwater 6-17 Conservation District are coextensive with that part of Comal 6-18 County located within the Hill Country Priority Groundwater 6-19 Management Area designated by the Texas Natural Resource 6-20 Conservation Commission by rule effective July 16, 1990. 6-21 (e)(1) The Trinity Glen Rose Groundwater Conservation 6-22 District includes the territory contained within that part of Bexar 6-23 County circumscribed by the southern line of the district boundary, 6-24 as described by Subdivision (2) of this subsection, and the 6-25 boundary of Bexar County that lies north of the points where the 6-26 southern line meets the boundary of Bexar County. 6-27 (2) The southern line of the district boundary is 7-1 described: 7-2 Beginning at the north line of said Wm. Byerly Survey 172, across 7-3 the Medina-Bexar County line, to the northeast corner of said 7-4 Survey in Bexar County, Texas. 7-5 THENCE northeast in Bexar County, Texas across the G. W. Garnett 7-6 Survey to the northeast corner of said Survey; 7-7 THENCE northeast across the J. B. McMichael Survey 1, to the south 7-8 corner of the V. Zepeda Survey; 7-9 THENCE northeast along the southeast line of said Survey to the 7-10 northeast corner of the J. B. McMichael Survey 1; 7-11 THENCE east across the Mrs. M. A. Sharp Survey to the southwest 7-12 corner of the T. C. Ry. Co. Survey 7; 7-13 THENCE northeast along the west line of said Survey to its 7-14 northwest corner; 7-15 THENCE southeast along the north line of said Survey to its 7-16 northeast corner; 7-17 THENCE southwest along the east line of said Survey to the north 7-18 corner of the Manuel Gomez Survey 7; 7-19 THENCE southeast along the north line of said Manual Gomez Survey 7 7-20 to its northeast corner, which is in the west line of the J. A. 7-21 Torris Survey; 7-22 THENCE south along the west line of said J. A. Torris Survey to its 7-23 southwest corner; 7-24 THENCE east along the south line of said Survey to the northwest 7-25 corner of the A. Guerrera Survey; 7-26 THENCE south along the west line of said Survey to its southwest 7-27 corner; 8-1 THENCE east along the south line of said Survey to its southeast 8-2 corner; 8-3 THENCE north along the east line of said Survey to the south line 8-4 of the John M. Ross Survey 224; 8-5 THENCE east along the south line of said John M. Ross Survey 224 to 8-6 its southeast corner, which is in the west line of the J. H. Blume 8-7 Survey 356; 8-8 THENCE, north along the west line of said J. H. Blume Survey 356 to 8-9 its northwest corner; 8-10 THENCE east along the north line of said Survey to its northeast 8-11 corner; 8-12 THENCE south along the east line of said Survey to the most 8-13 southerly southwest corner of the H. E. & W. T. Ry. Co. Survey 1; 8-14 THENCE east along the south line of said H. E. & W. T. Ry. Co. 8-15 Survey 1 to its most southerly southeast corner, which is in the 8-16 west corner of the C. Oadna Survey 422; 8-17 THENCE northeast along the northwest lines of said C. Oadna Survey 8-18 422 and the J. Martinez Survey 423 to the north corner of said J. 8-19 Martinez Survey 423; 8-20 THENCE southeast along the northeast line of said Survey to its 8-21 east corner, which is in the northwest line of the Henreich 8-22 Leifeste Survey; 8-23 THENCE northeast along the northwest line of said Henreich Leifeste 8-24 Survey to an interior northwest corner of said Survey; 8-25 THENCE southeast across said Survey to the northwest corner of the 8-26 R. Ortega Survey 435; 8-27 THENCE east along the north line of said R. Ortega Survey 435 to 9-1 its northeast corner, which is in the west line of the C. Brannen 9-2 Survey 433 1/2; 9-3 THENCE south along the west line of said C. Brannen Survey 433 1/2 9-4 to its southwest corner; 9-5 THENCE east along the south line of said Survey to its southeast 9-6 corner; 9-7 THENCE north along the east line of said Survey to the northwest 9-8 corner of the C. C. I. Co. Survey 437; 9-9 THENCE east along the north line of said C. C. I. Co. Survey 437 to 9-10 the northeast corner of said Survey; 9-11 THENCE northeast across the T. C. Ry. Co. Survey 599 to the 9-12 northwest corner of the Chas. W. Beckmann Survey; 9-13 THENCE east along the north line of said Chas. W. Beckmann Survey 9-14 to its northeast corner, which is in the west line of the Collin C. 9-15 McRae Survey 391; 9-16 THENCE north along the west lines of said Collin C. McRae Survey 9-17 391 and the W. P. G. Survey to the northwest corner of said 9-18 W. P. G. Survey; 9-19 THENCE east along the north line of said Survey to its northeast 9-20 corner, which is in the southwest line of the M. James Survey 3; 9-21 THENCE southeast along the southwest line of said M. James Survey 3 9-22 to its south corner, which is the west corner of the M. James 9-23 Survey 2; 9-24 THENCE northeast along the northwest line of said Survey to its 9-25 north corner; 9-26 THENCE southeast along the northeast line of said Survey to the 9-27 most southerly southwest corner of the Rafael Herrera Survey 382; 10-1 THENCE east along the south line of said Rafael Herrera Survey 382 10-2 to its southeast corner; 10-3 THENCE north along the east line of said Survey to the northwest 10-4 corner of the C. C. Survey 8; 10-5 THENCE east along the north line of said C. C. Survey 8 to its 10-6 northeast corner, which is in the west line of the C. C. I. Co. 10-7 Survey 7; 10-8 THENCE north along the west line of said C. C. I. Co. Survey 7 to 10-9 the northwest corner of said Survey; 10-10 THENCE east along the north line of said Survey to its northeast 10-11 corner, which is in the west line of A. B. & M. Survey 5; 10-12 THENCE north along the west line of said A. B. & M. Survey 5 to its 10-13 northwest corner; 10-14 THENCE east along the north lines of said Survey and the Bertha 10-15 Staffel Survey 4 to the southwest corner of the B. S. & F. Survey 10-16 417-3/8; 10-17 THENCE northeast across said Survey to the southwest corner of the 10-18 Ed Penshorn Survey 367; 10-19 THENCE east along the south line of said Ed Penshorn Survey 368 to 10-20 its southeast corner; 10-21 THENCE east across the H. J. Uppertz Survey 417-4/8 to the 10-22 northwest corner of the W. W. Allen Survey 353; 10-23 THENCE east along the north line of said Survey to its northeast 10-24 corner; 10-25 THENCE south along the east line of said Survey to the most 10-26 northerly northwest corner of the Hrs. Wm. Brishin Survey 89 1/2; 10-27 THENCE east along the north line of said Hrs. Wm. Brishin Survey 89 11-1 1/2 to its northeast corner; 11-2 THENCE southeast across the Rompel Vogel & Koch Survey 553 to the 11-3 northwest corner of the E. Gonzales Survey; 11-4 THENCE south along the west line of said Survey to its southwest 11-5 corner, which is in the northwest corner of the E. Martin Survey 11-6 89; 11-7 THENCE southeast across said E. Martin Survey 89 to the southwest 11-8 corner of the Fr. Vaidez Survey 478 1/2; 11-9 THENCE east along the south line of said Survey to its southeast 11-10 corner; 11-11 THENCE north along the east line of said Survey to its northeast 11-12 corner, which is in the south line of the W. N. Hughes Survey; 11-13 THENCE east along the south line of said W. N. Hughes Survey, 11-14 across Cibolo Creek and the Bexar County-Comal County line. 11-15 SECTION 3. DEFINITION. In this Act, "district" means a 11-16 groundwater conservation district created under Section 1 of this 11-17 Act. 11-18 SECTION 4. FINDING OF BENEFIT. All of the land and other 11-19 property included within the boundaries of a district will be 11-20 benefited by the works and projects that are to be accomplished by 11-21 the district under powers conferred by Section 59, Article XVI, 11-22 Texas Constitution. The district is created to serve a public use 11-23 and benefit. 11-24 SECTION 5. AUTHORITY OF TEMPORARY DIRECTORS. (a) Except as 11-25 provided by Subsections (c) and (d) of this section or otherwise by 11-26 this Act, the temporary directors of a district have the same 11-27 permitting and general management powers as those granted to 12-1 initial and permanent directors under Chapter 36, Water Code. 12-2 (b) The temporary directors or their designees have the 12-3 authority to enter any public or private property located within 12-4 the district to inspect a water well as provided by Section 49.221, 12-5 Water Code. 12-6 (c) The temporary directors do not have the authority 12-7 granted by the following provisions of Chapter 36, Water Code: 12-8 (1) Sections 36.017, 36.019, 36.020, and 36.059, 12-9 relating to elections; 12-10 (2) Sections 36.105, 36.1071, 36.1072, 36.1073, and 12-11 36.108, relating to eminent domain and management plans; 12-12 (3) Sections 36.171-36.181, relating to bonds and 12-13 notes; 12-14 (4) Sections 36.201-36.204, relating to taxes; and 12-15 (5) Sections 36.321-36.359, relating to annexation and 12-16 consolidation. 12-17 (d) The temporary directors may regulate the transfer of 12-18 groundwater out of the district as provided by Section 36.122, 12-19 Water Code, but may not prohibit the transfer of groundwater out 12-20 of the district. 12-21 SECTION 6. MORATORIUM ON ADOPTION OF LONG-TERM MANAGEMENT 12-22 PLANS. To ensure consistency of district long-term management 12-23 plans with the regional planning process authorized by Senate Bill 12-24 No. 1 (Chapter 1010), Acts of the 75th Legislature, Regular 12-25 Session, 1997, a district may not adopt the comprehensive 12-26 management plan required by Section 36.1071, Water Code, before 12-27 September 1, 2001. 13-1 SECTION 7. INITIAL BOARD OF DIRECTORS. The initial 13-2 directors may not be elected until after September 1, 2001. 13-3 SECTION 8. TEMPORARY DIRECTORS. (a) Except as provided by 13-4 Subsections (b) and (c) of this section, the commissioners court of 13-5 a county containing territory included within the district shall 13-6 appoint temporary directors in accordance with the provisions of 13-7 Section 36.016, Water Code, relating to the appointment of 13-8 temporary directors by county commissioners courts. 13-9 (b) For districts composed of more than one county, the 13-10 county commissioners court of each county with territory in the 13-11 district shall appoint an equal number of temporary directors, the 13-12 total number of temporary directors appointed to be determined by 13-13 the county commissioners courts except that the total number of 13-14 directors may not be fewer than five or more than 11. 13-15 (c) The 90-day limit for the appointment of temporary 13-16 directors under Section 36.016, Water Code, does not apply to the 13-17 appointment of temporary directors under this Act. 13-18 SECTION 9. ORGANIZATIONAL MEETING. (a) As soon as 13-19 practicable after the temporary directors are appointed as provided 13-20 by this Act, the temporary directors shall hold the organizational 13-21 meeting of the district and take office at that time. 13-22 (b) The temporary directors shall hold the meeting at a 13-23 location within the district to which a majority of the temporary 13-24 directors agree. 13-25 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 13-26 (a) Not earlier than September 1, 2001, the temporary board of 13-27 directors shall call and hold an election to confirm the district 14-1 and to elect the initial directors. 14-2 (b) At the confirmation and initial directors' election, the 14-3 temporary board of directors shall have placed on the ballot the 14-4 names of the candidates for each of the positions on the board. To 14-5 qualify as a candidate for a position, a person must be a resident 14-6 of the district. 14-7 (c) If the district is confirmed at the election, the 14-8 temporary board of directors, at the time the vote is canvassed, 14-9 shall: 14-10 (1) declare the qualified person who receives the most 14-11 votes for each position to be elected as the initial director for 14-12 that position; and 14-13 (2) include the results of the initial directors' 14-14 election in the district's election report to the Texas Natural 14-15 Resource Conservation Commission. 14-16 (d) The initial directors shall draw lots to determine their 14-17 terms so that: 14-18 (1) one-half or a simple majority of the directors 14-19 serve four-year terms that expire on the fourth anniversary of the 14-20 date the initial directors were elected; and 14-21 (2) the remaining directors serve two-year terms that 14-22 expire on the second anniversary of the date the initial directors 14-23 were elected. 14-24 (e) Subsection (a), Section 41.001, Election Code, applies 14-25 to a confirmation and initial directors' election held as provided 14-26 by this section. 14-27 (f) Except as provided by this section, a confirmation and 15-1 initial directors' election must be conducted as provided by 15-2 Subsections (b)-(h), Section 36.017, Water Code, and the Election 15-3 Code. 15-4 (g) If the establishment of the district has not been 15-5 confirmed at an election held under this section before the fourth 15-6 anniversary of the effective date of this Act, the district is 15-7 dissolved on that date, except that any debts incurred shall be 15-8 paid and the organization of the district shall be maintained until 15-9 all debts are paid. 15-10 SECTION 11. ELECTION OF PERMANENT DIRECTORS. Beginning in 15-11 the second year after the year in which the district has held a 15-12 confirmation election, an election shall be held in the district on 15-13 the first Saturday in the month in which the initial directors were 15-14 elected under Section 10 of this Act and every two years after that 15-15 date to elect the appropriate number of directors to the board. 15-16 SECTION 12. ELECTIONS. Prior to September 1, 2001, the 15-17 temporary directors of a district shall not hold an election for 15-18 the imposition of a tax. 15-19 SECTION 13. MODIFICATION OF DISTRICT. A district created 15-20 under this Act may be modified by subsequent acts of the Texas 15-21 Legislature. The modification may be in response to the 15-22 recommendations of an interim study or committee, including the 15-23 possibility of adding additional area to the district or merging 15-24 the district with other districts for the purposes of the efficient 15-25 and effective management of a common groundwater resource. 15-26 SECTION 14. STATUTORY INTERPRETATION. Except as otherwise 15-27 provided by this Act, if there is a conflict between this Act and 16-1 Chapter 36, Water Code, this Act controls. 16-2 SECTION 15. RATIFICATION OF DISTRICT CREATION. (a) 16-3 Notwithstanding the provisions of Section 10 of this Act, an 16-4 election for the confirmation of the creation of a groundwater 16-5 conservation district under this Act and for the selection of 16-6 initial directors for such district shall not be held unless action 16-7 is taken by the 77th Legislature in its Regular Session to ratify 16-8 the creation of the district. 16-9 (b) Except as provided by Subsection (c) of this section, a 16-10 groundwater conservation district created by this Act whose 16-11 creation is not ratified by the 77th Legislature as provided by 16-12 Subsection (a) of this section is dissolved effective September 1, 16-13 2001. 16-14 (c) If a groundwater conservation district is dissolved 16-15 under this section, the district has no further authority, except 16-16 that any debts incurred shall be paid and the organization of the 16-17 district shall be maintained until all debts are paid. 16-18 SECTION 16. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 16-19 (a) The proper and legal notice of the intention to introduce this 16-20 Act, setting forth the general substance of this Act, has been 16-21 published as provided by law, and the notice and a copy of this Act 16-22 have been furnished to all persons, agencies, officials, or 16-23 entities to which they are required to be furnished by the 16-24 constitution and other laws of this state, including the governor, 16-25 who has submitted the notice and Act to the Texas Natural Resource 16-26 Conservation Commission. 16-27 (b) The Texas Natural Resource Conservation Commission has 17-1 filed its recommendations relating to this Act with the governor, 17-2 lieutenant governor, and speaker of the house of representatives 17-3 within the required time. 17-4 (c) All requirements of the constitution and laws of this 17-5 state and the rules and procedures of the legislature with respect 17-6 to the notice, introduction, and passage of this Act are fulfilled 17-7 and accomplished. 17-8 (d) The procedural requirements of this section relating to 17-9 the provision of notice have been met by the provision of notice of 17-10 the introduction of the proposed Acts of the 76th Legislature 17-11 relating to the creation of the groundwater conservation districts 17-12 now created by this Act. 17-13 SECTION 17. EFFECTIVE DATE. This Act takes effect September 17-14 1, 1999. 17-15 SECTION 18. EMERGENCY. The importance of this legislation 17-16 and the crowded condition of the calendars in both houses create an 17-17 emergency and an imperative public necessity that the 17-18 constitutional rule requiring bills to be read on three several 17-19 days in each house be suspended, and this rule is hereby suspended.