Amend CSHB 3665 (Senate Committee Printing) by striking all
below the enacting clause and substituting the following:
SECTION 1. CREATION. (a) A groundwater conservation
district, to be known as the Middle Trinity Groundwater
Conservation District, is created in Bosque, Callahan, Coryell,
Eastland, Erath, Somervell, Comanche, and Hamilton counties,
subject to a confirmation election under Section 10 of this Act.
The district is a governmental agency and a body politic and
corporate.
(b) The district is created under and is essential to
accomplish the purposes of Section 59, Article XVI, Texas
Constitution.
SECTION 2. DEFINITION. In this Act, "district" means the
Middle Trinity Groundwater Conservation District.
SECTION 3. BOUNDARIES. The boundaries of the district are
coextensive with the boundaries of Bosque, Callahan, Coryell,
Eastland, Erath, Somervell, Comanche, and Hamilton counties.
SECTION 4. FINDING OF BENEFIT. All of the land and other
property included within the boundaries of the district will be
benefited by the works and projects that are to be accomplished by
the district under powers conferred by Section 59, Article XVI,
Texas Constitution. The district is created to serve a public use
and benefit.
SECTION 5. GENERAL POWERS. (a) The district has all of the
rights, powers, privileges, authority, functions, and duties
provided by the general law of this state, including Chapter 36,
Water Code, applicable to groundwater conservation districts
created under Section 59, Article XVI, Texas Constitution. This
Act prevails over any provision of general law that is in conflict
or inconsistent with this Act.
(b) Notwithstanding Subsection (a) of this section, the
following provisions prevail over a conflicting or inconsistent
provision of this Act:
(1) Sections 36.1071 through 36.108, Water Code;
(2) Sections 36.159, 36.160, and 36.161, Water Code;
and
(3) Subchapter I, Chapter 36, Water Code.
(c) Chapter 49, Water Code, does not apply to the district.
SECTION 6. BOARD OF DIRECTORS. (a) The district is governed
by a board of not fewer than five or more than 16 directors.
(b) Temporary directors named under Section 8 of this Act
serve until initial directors are elected under Section 10 of this
Act.
(c) Initial directors serve until permanent directors are
elected under Section 11 of this Act.
(d) Permanent directors serve staggered four-year terms.
(e) Each director must qualify to serve as director in the
manner provided by Section 36.055, Water Code.
(f) A director serves until the director's successor has
qualified.
SECTION 7. COMPENSATION OF DIRECTORS. A director may not
receive compensation for service on the board but is entitled to
reimbursement of actual expenses reasonably and necessarily
incurred while engaging in activities on behalf of the district.
SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
directors consists of:
(1) Calvin Rueter and Truman Blum, from Bosque County;
(2) Bryan Farmer and Cecil Barton, from Callahan
County;
(3) Jack Wall and Lyle Zoeller, from Coryell County;
(4) Brad Stephenson and Ron Bailey, from Eastland
County;
(5) Tab Thompson and John Moser, from Erath County;
(6) Walter Maynard and Jeff Mackey, from Somervell
County;
(7) Lance Wilkerson and John Robert Adcock, from
Comanche County; and
(8) Joe McGowen and Charlie Thomas, from Hamilton
County.
(b) If a temporary director fails to qualify for office, the
commissioners court that appointed the director shall appoint a
person to fill the vacancy.
SECTION 9. METHOD OF ELECTING DIRECTORS. (a) Two directors
shall be elected from each county in the district as provided by
this section.
(b) To be qualified to be a candidate for or to serve as
director, a person must be a registered voter in the county the
person seeks to represent.
(c) The initial or permanent directors may revise the number
of directors as necessary or appropriate, subject to Section 6(a)
of this Act, to exclude directors representing counties that do not
confirm the establishment of the district, to include directors
representing counties that are annexed to the district, or to
maintain compliance with the federal Voting Rights Act of 1965 (42
U.S.C. Section 1973 et seq.), as amended. The initial or permanent
directors may appoint an at-large director to maintain an odd
number of directors. An at-large director must be a registered
voter in the district.
(d) The initial or permanent directors may revise the number
of directors to be elected from each county, subject to Section
6(a) of this Act, if necessary to provide for better representation
of the residents of the district on the board of directors.
SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
(a) The temporary board of directors shall call and hold an
election in each county in the district to confirm establishment of
the district and to elect initial directors to represent the
county.
(b) At the confirmation and initial directors' election, the
temporary board of directors shall have placed on the ballot in
each county the names of any candidates filing for an initial
director's position from that county and blank spaces to write in
the names of other persons.
(c) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held as provided by
this section.
(d) Except as provided by this section, a confirmation and
initial directors' election must be conducted as provided by
Sections 36.017(b)-(h), Water Code, and the Election Code.
(e) The district is established if a majority of the votes
cast at the election in at least one county favors the
establishment of the district. A county is included in the
district and may elect directors to the board only if a majority of
the votes cast at the election in that county favors the
establishment of the district. Counties included in the district
are not required to be contiguous.
SECTION 11. ELECTION OF PERMANENT DIRECTORS. (a) On the
first Saturday in May of the first even-numbered year after the
year in which the district is authorized to be created at a
confirmation election, an election shall be held in each county in
the district for the election of permanent directors. The initial
directors in each participating county shall draw lots to determine
which permanent director from that county shall serve a two-year
term and which permanent director from that county shall serve a
four-year term.
(b) On the first Saturday in May of each subsequent second
year following the election, the appropriate number of directors
shall be elected.
SECTION 12. DISTRICT REVENUES. The board of directors may
impose taxes annually to pay the maintenance and operating expenses
of the district at a rate not to exceed five cents on each $100 of
assessed valuation.
SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The proper and legal notice of the intention to introduce this
Act, setting forth the general substance of this Act, has been
published as provided by law, and the notice and a copy of this Act
have been furnished to all persons, agencies, officials, or
entities to which they are required to be furnished by the
constitution and other laws of this state, including the governor,
who has submitted the notice and Act to the Texas Natural Resource
Conservation Commission.
(b) The Texas Natural Resource Conservation Commission has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(c) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to notice, introduction, and passage of this Act are fulfilled and
accomplished.
SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
takes effect September 1, 2001.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 10 of this Act before
September 1, 2003, this Act expires on that date.