By Gallego H.B. No. 787
77R140 MI-D
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 Brewster County Groundwater
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A groundwater conservation
1-7 district, to be known as the Brewster County Groundwater
1-8 Conservation District, is created in Brewster County, subject to
1-9 approval at a confirmation election under Section 8 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. DEFINITION. In this Act, "district" means the
1-16 Brewster County Groundwater Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Brewster County.
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. This Act prevails
2-6 over any provision of general law that is in conflict or
2-7 inconsistent with this Act.
2-8 (b) Notwithstanding Subsection (a), the following provisions
2-9 prevail over a conflicting or inconsistent provision of this Act:
2-10 (1) Sections 36.1071-36.108, Water Code;
2-11 (2) Sections 36.159-36.161, Water Code; and
2-12 (3) Subchapter I, Chapter 36, Water Code.
2-13 (c) The district has the power to limit the transfer of
2-14 groundwater out of the district, including the power to prohibit
2-15 the transfer.
2-16 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-17 governed by a board of seven directors appointed by the Brewster
2-18 County Commissioners Court.
2-19 (b) The board is composed of:
2-20 (1) three members who represent the cities, towns, or
2-21 population centers of Alpine, Lajitas, Marathon, Study Butte, and
2-22 Terlingua;
2-23 (2) three members who represent the rural part of
2-24 Brewster County, exclusive of the cities, towns, or population
2-25 centers of Alpine, Lajitas, Marathon, Study Butte, and Terlingua;
2-26 and
2-27 (3) one member who represents Brewster County at
3-1 large.
3-2 (c) A member described by Subsection (b)(1) must reside in
3-3 or in the immediate area of a city, town, or population center
3-4 listed in that subsection.
3-5 (d) At least one member of the board must reside in each
3-6 county commissioners precinct.
3-7 (e) Each director must qualify to serve as director in the
3-8 manner provided by Section 36.055, Water Code.
3-9 (f) Directors other than initial directors serve staggered
3-10 three-year terms.
3-11 (g) A director serves until the director's successor has
3-12 qualified.
3-13 (h) If there is a vacancy on the board, the commissioners
3-14 court shall appoint a director to serve the remainder of the term.
3-15 (i) The commissioners court shall appoint a director to
3-16 succeed a director on or before the date the director's term
3-17 expires.
3-18 (j) A director may not receive a salary or other
3-19 compensation for service as a director but may be reimbursed for
3-20 actual expenses of attending meetings at the rate in effect for
3-21 employees of Brewster County.
3-22 SECTION 7. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not
3-23 later than the 31st day after the effective date of this Act, the
3-24 Brewster County Commissioners Court shall appoint:
3-25 (1) two directors to serve terms expiring February 1,
3-26 2002;
3-27 (2) two directors to serve terms expiring February 1,
4-1 2003; and
4-2 (3) three directors to serve terms expiring February
4-3 1, 2004.
4-4 SECTION 8. CONFIRMATION ELECTION. (a) The initial board of
4-5 directors shall call and hold an election to confirm establishment
4-6 of the district.
4-7 (b) Section 41.001(a), Election Code, does not apply to a
4-8 confirmation election held as provided by this section.
4-9 (c) If a majority of the votes cast at the election favor
4-10 the establishment of the district, the temporary directors shall
4-11 declare the district created. If a majority of the votes cast at
4-12 the election are against the establishment of the district, the
4-13 temporary directors shall declare the district defeated. The
4-14 temporary directors shall file a copy of the election results with
4-15 the Texas Natural Resource Conservation Commission.
4-16 (d) If a majority of the votes cast at the election are
4-17 against the establishment of the district, the temporary directors
4-18 may call and hold a subsequent election to confirm establishment of
4-19 the district. A subsequent election may not be held earlier than
4-20 the first anniversary of the date on which the previous election
4-21 was held. If the establishment of the district is not confirmed at
4-22 an election held under this section on or before the second
4-23 anniversary of the effective date of this Act, this Act expires.
4-24 (e) Except as provided by this section, a confirmation
4-25 election must be conducted as provided by Sections 36.017(b)-(h),
4-26 Water Code, and the Election Code.
4-27 SECTION 9. TAXING AUTHORITY. The district may not levy or
5-1 collect an ad valorem tax in the district.
5-2 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5-3 (a) The proper and legal notice of the intention to introduce this
5-4 Act, setting forth the general substance of this Act, has been
5-5 published as provided by law, and the notice and a copy of this Act
5-6 have been furnished to all persons, agencies, officials, or
5-7 entities to which they are required to be furnished by the
5-8 constitution and other laws of this state, including the governor,
5-9 who has submitted the notice and Act to the Texas Natural Resource
5-10 Conservation Commission.
5-11 (b) The Texas Natural Resource Conservation Commission has
5-12 filed its recommendations relating to this Act with the governor,
5-13 lieutenant governor, and speaker of the house of representatives
5-14 within the required time.
5-15 (c) All requirements of the constitution and laws of this
5-16 state and the rules and procedures of the legislature with respect
5-17 to the notice, introduction, and passage of this Act are fulfilled
5-18 and accomplished.
5-19 SECTION 11. EFFECTIVE DATE. This Act takes effect immediately
5-20 if it receives a vote of two-thirds of all the members elected to
5-21 each house, as provided by Section 39, Article III, Texas
5-22 Constitution. If this Act does not receive the vote necessary for
5-23 immediate effect, this Act takes effect September 1, 2001.