By Cook, Kolkhorst, et al. H.B. No. 1784
77R9958 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the ratification, creation, administration, powers,
1-3 duties, operation, and financing of groundwater conservation
1-4 districts for the management of groundwater resources in the
1-5 central Carrizo-Wilcox area.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE I. GENERAL PROVISIONS
1-8 SECTION 1.01. TITLE. This Act may be referred to as the
1-9 Central Carrizo-Wilcox Groundwater Management Act.
1-10 SECTION 1.02. PURPOSE. The purpose of this Act is to ratify
1-11 and create locally controlled groundwater districts in order to
1-12 protect, recharge, and prevent the waste of groundwater in the
1-13 central Carrizo-Wilcox area, to control subsidence caused by
1-14 withdrawal of water from the groundwater reservoirs in that area,
1-15 and to regulate the transport of water out of the boundaries of the
1-16 districts.
1-17 ARTICLE II. BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT
1-18 SECTION 2.01. RATIFICATION OF CREATION. The creation by
1-19 Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
1-20 (Senate Bill No. 1911), of the Brazos Valley Groundwater
1-21 Conservation District in Robertson and Brazos counties is ratified
1-22 as required by Section 15(a) of that Act, subject to approval at a
1-23 confirmation election under Section 2.13 of this article.
1-24 SECTION 2.02. DEFINITIONS. In this article:
2-1 (1) "Designated management area" means an area
2-2 designated as a management area under Section 35.004, Water Code,
2-3 by the Texas Natural Resource Conservation Commission.
2-4 (2) "District" means the Brazos Valley Groundwater
2-5 Conservation District.
2-6 SECTION 2.03. BOUNDARIES. The boundaries of the district are
2-7 coextensive with the boundaries of Robertson and Brazos counties,
2-8 Texas.
2-9 SECTION 2.04. GENERAL POWERS. (a) Except as otherwise
2-10 provided by this Act, the district has all of the rights, powers,
2-11 privileges, authority, functions, and duties provided by the
2-12 general law of this state, including Chapter 36, Water Code,
2-13 applicable to groundwater conservation districts created under
2-14 Section 59, Article XVI, Texas Constitution. This article prevails
2-15 over any provision of general law that is in conflict or
2-16 inconsistent with this article, including any provision of Chapter
2-17 36, Water Code, or Chapter 1331, Acts of the 76th Legislature,
2-18 Regular Session, 1999 (Senate Bill No. 1911).
2-19 (b) The district does not have the authority granted by the
2-20 following provisions of Chapter 36, Water Code:
2-21 (1) Section 36.105, relating to eminent domain; and
2-22 (2) Sections 36.020 and 36.201-36.204, relating to
2-23 taxes.
2-24 SECTION 2.05. BONDS. The district may issue bonds and notes
2-25 under Sections 36.171-36.181, Water Code, not to exceed $500,000
2-26 total indebtedness at any time.
2-27 SECTION 2.06. PURCHASE, SALE, TRANSPORTATION, OR
3-1 DISTRIBUTION OF WATER. The district may not purchase, sell,
3-2 transport, or distribute surface water or groundwater for any
3-3 purpose.
3-4 SECTION 2.07. FEES. (a) The board of directors of the
3-5 district by rule may impose reasonable fees on each well for which
3-6 a permit is issued by the district and that is not exempt from
3-7 regulation by the district. A fee may be based on the size of
3-8 column pipe used by the well or on the actual, authorized, or
3-9 anticipated amount of water to be withdrawn from the well.
3-10 (b) The initial fee shall be based on the amount of water to
3-11 be withdrawn from the well. The initial fee:
3-12 (1) may not exceed:
3-13 (A) $0.25 per acre-foot for water used for
3-14 irrigating agricultural crops or operating existing steam electric
3-15 stations; or
3-16 (B) $0.0425 per thousand gallons for water used
3-17 for any other purpose; and
3-18 (2) may be increased at a cumulative rate not to
3-19 exceed three percent per year.
3-20 (c) In addition to the fee authorized under Subsection (b)
3-21 of this section, the district may assess a fee on groundwater from
3-22 a well that is produced for transport outside the district.
3-23 (d) Fees authorized by this section may be assessed annually
3-24 and may be used to fund the cost of district operations.
3-25 SECTION 2.08. GROUNDWATER WELLS UNDER JURISDICTION OF
3-26 RAILROAD COMMISSION. (a) A groundwater well drilled or operated
3-27 within the district under a permit issued by the Railroad
4-1 Commission of Texas is under the exclusive jurisdiction of the
4-2 railroad commission and is exempt from regulation by the district.
4-3 (b) Groundwater produced in an amount authorized by a
4-4 railroad commission permit may be used within or exported from the
4-5 district without a permit from the district.
4-6 (c) To the extent groundwater is produced in excess of
4-7 railroad commission authorization, the holder of the railroad
4-8 commission permit must apply to the district for the appropriate
4-9 permit for the excess production and is subject to the applicable
4-10 regulatory fees.
4-11 (d) Groundwater produced from a well under the jurisdiction
4-12 of the railroad commission is generally exempt from water district
4-13 fees. However, the district may impose either a pumping fee or an
4-14 export fee on groundwater produced from an otherwise exempt mine
4-15 well that is used for municipal purposes or by a public utility.
4-16 Any fee imposed by the district under this subsection may not
4-17 exceed the fee imposed on other groundwater producers in the
4-18 district.
4-19 SECTION 2.09. REGIONAL COOPERATION. To provide for regional
4-20 continuity, the district shall:
4-21 (1) participate as needed in coordination meetings
4-22 with other groundwater districts in its designated management area;
4-23 (2) coordinate the collection of data with other
4-24 groundwater districts in its designated management area in such a
4-25 way as to achieve relative uniformity of data type and quality;
4-26 (3) coordinate efforts to monitor water quality with
4-27 other groundwater districts in its designated management area,
5-1 local governments, and state agencies;
5-2 (4) provide groundwater level data to other
5-3 groundwater districts in its designated management area;
5-4 (5) investigate any groundwater and aquifer pollution
5-5 with the intention of locating its source;
5-6 (6) notify other groundwater districts in its
5-7 designated management area and all appropriate agencies of any
5-8 detected groundwater pollution;
5-9 (7) annually provide to other groundwater districts in
5-10 its designated management area an inventory of water wells and an
5-11 estimate of groundwater production within the district; and
5-12 (8) include other groundwater districts in its
5-13 designated management area on the mailing lists for district
5-14 newsletters, seminars, public education events, news articles, and
5-15 field days.
5-16 SECTION 2.10. BOARD OF DIRECTORS. (a) The district is
5-17 governed by a board of eight directors.
5-18 (b) Initial directors serve until permanent directors are
5-19 appointed under Section 2.11 of this article and qualified as
5-20 required by Subsection (d) of this section.
5-21 (c) Permanent directors serve staggered four-year terms.
5-22 (d) Each director must qualify to serve as a director in the
5-23 manner provided by Section 36.055, Water Code.
5-24 (e) A director serves until the director's successor has
5-25 qualified.
5-26 (f) A director may serve consecutive terms.
5-27 (g) If there is a vacancy on the board, the governing body
6-1 of the entity that appointed the director who vacated the office
6-2 shall appoint a director to serve the remainder of the term.
6-3 (h) Directors are not entitled to receive compensation for
6-4 serving as a director but may be reimbursed for actual, reasonable
6-5 expenses incurred in the discharge of official duties.
6-6 (i) A majority vote of a quorum is required for board
6-7 action. If there is a tie vote, the proposed action fails.
6-8 SECTION 2.11. APPOINTMENT OF DIRECTORS. (a) The Robertson
6-9 County Commissioners Court shall appoint four directors, of whom:
6-10 (1) one must represent municipal interests in the
6-11 county;
6-12 (2) one must represent agricultural interests in the
6-13 county;
6-14 (3) one must represent rural water suppliers'
6-15 interests in the county; and
6-16 (4) one must represent industrial interests in the
6-17 county.
6-18 (b) The Brazos County Commissioners Court shall appoint two
6-19 directors, of whom:
6-20 (1) one must represent rural water suppliers'
6-21 interests in the county; and
6-22 (2) one must represent agricultural interests in the
6-23 county.
6-24 (c) The governing body of the City of Bryan shall appoint
6-25 one director.
6-26 (d) The governing body of the City of College Station shall
6-27 appoint one director.
7-1 (e) Each of the governing bodies authorized by this section
7-2 to make an appointment shall appoint the appropriate number of
7-3 initial directors as soon as practicable following the effective
7-4 date of this Act, but not later than the 45th day after the
7-5 effective date of this Act.
7-6 (f) The four initial directors from Robertson County shall
7-7 draw lots to determine their terms. Two initial directors from
7-8 Robertson County and the two initial directors from Brazos County
7-9 serve terms that expire on January 1 of the second year following
7-10 the confirmation of the district at an election held under Section
7-11 2.13 of this article. The remaining four initial directors serve
7-12 terms that expire on January 1 of the fourth year following the
7-13 confirmation of the district. On January 1 of the second year
7-14 following confirmation of the district and every two years after
7-15 that date, the appropriate governing body shall appoint the
7-16 appropriate number of permanent directors.
7-17 SECTION 2.12. ORGANIZATIONAL MEETING. As soon as practicable
7-18 after all the initial directors have been appointed and have
7-19 qualified as provided in this article, a majority of the directors
7-20 shall convene the organizational meeting of the district at a
7-21 location within the district agreeable to a majority of the
7-22 directors. If no location can be agreed on, the organizational
7-23 meeting of the directors shall be at the Robertson County
7-24 Courthouse.
7-25 SECTION 2.13. CONFIRMATION ELECTION. (a) The initial board
7-26 of directors shall call and hold an election on the same date in
7-27 each county within the district to confirm the creation of the
8-1 district.
8-2 (b) Except as provided by this section, a confirmation
8-3 election must be conducted as provided by Sections 36.017, 36.018,
8-4 and 36.019, Water Code, and Section 41.001, Election Code.
8-5 (c) Confirmation of the district requires a vote in favor of
8-6 confirmation by a majority of the qualified voters voting in the
8-7 election.
8-8 (d) If the establishment of the district is not confirmed by
8-9 an election held under this section before the second anniversary
8-10 of the effective date of this Act, the district is dissolved and
8-11 this article expires on that date.
8-12 ARTICLE III. POST OAK SAVANNAH GROUNDWATER CONSERVATION DISTRICT
8-13 SECTION 3.01. CREATION. (a) A groundwater conservation
8-14 district, to be known as the Post Oak Savannah Groundwater
8-15 Conservation District, is created in Milam and Burleson counties,
8-16 subject to approval at a confirmation election under Section 3.11
8-17 of this article. The district is a governmental agency and a body
8-18 politic and corporate.
8-19 (b) The district is created under and is essential to
8-20 accomplish the purposes of Section 59, Article XVI, Texas
8-21 Constitution.
8-22 SECTION 3.02. DEFINITIONS. In this article:
8-23 (1) "Designated management area" means an area
8-24 designated as a management area under Section 35.004, Water Code,
8-25 by the Texas Natural Resource Conservation Commission.
8-26 (2) "District" means the Post Oak Savannah Groundwater
8-27 Conservation District.
9-1 SECTION 3.03. BOUNDARIES. The boundaries of the Post Oak
9-2 Savannah Groundwater Conservation District are coextensive with the
9-3 boundaries of Milam and Burleson counties.
9-4 SECTION 3.04. GENERAL POWERS. (a) Except as otherwise
9-5 provided by this article, the district has all of the rights,
9-6 powers, privileges, authority, functions, and duties provided by
9-7 the general law of this state, including Chapter 36, Water Code,
9-8 applicable to groundwater conservation districts created under
9-9 Section 59, Article XVI, Texas Constitution. This article prevails
9-10 over any provision of general law that is in conflict or
9-11 inconsistent with this article, including any provision of Chapter
9-12 36, Water Code.
9-13 (b) The district does not have the authority granted by the
9-14 following provisions of Chapter 36, Water Code:
9-15 (1) Section 36.105, relating to eminent domain; and
9-16 (2) Sections 36.020 and 36.201-36.204, relating to
9-17 taxes.
9-18 SECTION 3.05. FEES. (a) The board of directors of the
9-19 district by rule may impose reasonable fees on each well for which
9-20 a permit is issued by the district and that is not exempt from
9-21 regulation by the district. A fee may be based on the size of
9-22 column pipe used by the well or on the actual, authorized, or
9-23 anticipated amount of water to be withdrawn from the well.
9-24 (b) Fees may not exceed:
9-25 (1) $1 per acre-foot for water used for irrigating
9-26 agricultural crops; or
9-27 (2) 17 cents per thousand gallons for water used for
10-1 any other purpose.
10-2 (c) In addition to the fee authorized under Subsection (b)
10-3 of this section, the district may assess a fee on groundwater from
10-4 a well that is produced for transport outside the district.
10-5 (d) Fees authorized by this section may be assessed annually
10-6 and may be used to fund the cost of district operations.
10-7 SECTION 3.06. GROUNDWATER WELLS UNDER JURISDICTION OF
10-8 RAILROAD COMMISSION. (a) A groundwater well drilled or operated
10-9 within the district under a permit issued by the Railroad
10-10 Commission of Texas is under the exclusive jurisdiction of the
10-11 railroad commission and is exempt from regulation by the district.
10-12 (b) Groundwater produced in an amount authorized by a
10-13 railroad commission permit may be used within or exported from the
10-14 district without a permit from the district.
10-15 (c) To the extent groundwater is produced in excess of
10-16 railroad commission authorization, the holder of the railroad
10-17 commission permit must apply to the district for the appropriate
10-18 permit for the excess production and is subject to the applicable
10-19 regulatory fees.
10-20 (d) Groundwater produced from a well under the jurisdiction
10-21 of the railroad commission is generally exempt from water district
10-22 fees. However, the district may impose either a pumping fee or an
10-23 export fee on groundwater produced from an otherwise exempt mine
10-24 well that is used for municipal purposes or by a public utility.
10-25 Any fee imposed by the district under this subsection may not
10-26 exceed the fee imposed on other groundwater producers in the
10-27 district.
11-1 SECTION 3.07. REGIONAL COOPERATION. To provide for regional
11-2 continuity, the district shall:
11-3 (1) participate as needed in coordination meetings
11-4 with other groundwater districts in its designated management area;
11-5 (2) coordinate the collection of data with other
11-6 groundwater districts in its designated management area in such a
11-7 way as to achieve relative uniformity of data type and quality;
11-8 (3) coordinate efforts to monitor water quality with
11-9 other groundwater districts in its designated management area,
11-10 local governments, and state agencies;
11-11 (4) provide groundwater level data to other
11-12 groundwater districts in its designated management area;
11-13 (5) investigate any groundwater and aquifer pollution
11-14 with the intention of locating its source;
11-15 (6) notify other groundwater districts in its
11-16 designated management area and all appropriate agencies of any
11-17 detected groundwater pollution;
11-18 (7) annually provide to other groundwater districts in
11-19 its designated management area an inventory of water wells and an
11-20 estimate of groundwater production within the district; and
11-21 (8) include other groundwater districts in its
11-22 designated management area on the mailing lists for district
11-23 newsletters, seminars, public education events, news articles, and
11-24 field days.
11-25 SECTION 3.08. BOARD OF DIRECTORS. (a) The district is
11-26 governed by a board of 10 directors.
11-27 (b) Initial directors serve until permanent directors are
12-1 appointed under Section 3.09 of this article and qualified as
12-2 required by Subsection (d) of this section.
12-3 (c) Permanent directors serve staggered four-year terms.
12-4 (d) Each director must qualify to serve as a director in the
12-5 manner provided by Section 36.055, Water Code.
12-6 (e) A director serves until the director's successor has
12-7 qualified.
12-8 (f) A director may serve consecutive terms.
12-9 (g) If there is a vacancy on the board, the governing body
12-10 of the entity that appointed the director who vacated the office
12-11 shall appoint a director to serve the remainder of the term.
12-12 (h) Directors are not entitled to receive compensation for
12-13 serving as a director but may be reimbursed for actual, reasonable
12-14 expenses incurred in the discharge of official duties.
12-15 (i) A quorum exists when at least two-thirds of the board
12-16 members are present. A majority vote of a quorum is required for
12-17 board action. If there is a tie vote, the proposed action fails.
12-18 SECTION 3.09. APPOINTMENT OF DIRECTORS. (a) The Milam
12-19 County Commissioners Court shall appoint five directors, of whom:
12-20 (1) one must represent municipal interests in the
12-21 county;
12-22 (2) one must represent agricultural interests in the
12-23 county;
12-24 (3) one must represent rural water suppliers'
12-25 interests in the county;
12-26 (4) one must represent industrial interests in the
12-27 county; and
13-1 (5) one must represent the interests of the county at
13-2 large.
13-3 (b) The Burleson County Commissioners Court shall appoint
13-4 five directors, of whom:
13-5 (1) one must represent municipal interests in the
13-6 county;
13-7 (2) one must represent agricultural interests in the
13-8 county;
13-9 (3) one must represent rural water suppliers'
13-10 interests in the county;
13-11 (4) one must represent industrial interests in the
13-12 county; and
13-13 (5) one must represent the interests of the county at
13-14 large.
13-15 (c) Each of the governing bodies authorized by this section
13-16 to make an appointment shall appoint the appropriate number of
13-17 initial directors as soon as practicable following the effective
13-18 date of this Act, but not later than the 45th day after the
13-19 effective date of this Act.
13-20 (d) The initial directors shall draw lots to determine their
13-21 terms. Two initial directors from Milam County and two initial
13-22 directors from Burleson County serve terms that expire on January 1
13-23 of the second year following the confirmation of the district at an
13-24 election held under Section 3.11 of this article. The remaining
13-25 six initial directors serve terms that expire on January 1 of the
13-26 fourth year following the confirmation of the district. On January
13-27 1 of the second year following confirmation of the district and
14-1 every two years after that date, the appropriate commissioners
14-2 courts shall appoint the appropriate number of permanent directors.
14-3 SECTION 3.10. ORGANIZATIONAL MEETING. As soon as practicable
14-4 after all the initial directors have been appointed and have
14-5 qualified as provided in this article, a majority of the directors
14-6 shall convene the organizational meeting of the district at a
14-7 location within the district agreeable to a majority of the
14-8 directors. If no location can be agreed upon, the organizational
14-9 meeting of the directors shall be at the Milam County Courthouse.
14-10 SECTION 3.11. CONFIRMATION ELECTION. (a) The initial board
14-11 of directors shall call and hold an election on the same date in
14-12 each county within the district to confirm the creation of the
14-13 district.
14-14 (b) Except as provided by this section, a confirmation
14-15 election must be conducted as provided by Sections 36.017, 36.018,
14-16 and 36.019, Water Code, and Section 41.001, Election Code.
14-17 (c) If the majority of qualified voters in a county who vote
14-18 in the election vote to confirm the creation of the district, that
14-19 county is included in the district. If the majority of qualified
14-20 voters in a county who vote in the election vote not to confirm the
14-21 creation of the district, that county is excluded from the
14-22 district.
14-23 (d) If the creation of the district is not confirmed by an
14-24 election held under this section before the second anniversary of
14-25 the effective date of this Act, the district is dissolved and this
14-26 article expires on that date.
14-27 ARTICLE IV. MID-EAST TEXAS GROUNDWATER CONSERVATION DISTRICT
15-1 SECTION 4.01. CREATION. (a) A groundwater conservation
15-2 district, to be known as the Mid-East Texas Groundwater
15-3 Conservation District, is created in Leon, Madison, and Freestone
15-4 counties, subject to approval at a confirmation election under
15-5 Section 4.11 of this article. The district is a governmental
15-6 agency and a body politic and corporate.
15-7 (b) The district is created under and is essential to
15-8 accomplish the purposes of Section 59, Article XVI, Texas
15-9 Constitution.
15-10 SECTION 4.02. DEFINITIONS. In this article:
15-11 (1) "Designated management area" means an area
15-12 designated as a management area under Section 35.004, Water Code,
15-13 by the Texas Natural Resource Conservation Commission.
15-14 (2) "District" means the Mid-East Texas Groundwater
15-15 Conservation District.
15-16 SECTION 4.03. BOUNDARIES. The boundaries of the Mid-East
15-17 Texas Groundwater Conservation District are coextensive with the
15-18 boundaries of Leon, Madison, and Freestone counties.
15-19 SECTION 4.04. GENERAL POWERS. (a) Except as otherwise
15-20 provided by this article, the district has all of the rights,
15-21 powers, privileges, authority, functions, and duties provided by
15-22 the general law of this state, including Chapter 36, Water Code,
15-23 applicable to groundwater conservation districts created under
15-24 Section 59, Article XVI, Texas Constitution. This article prevails
15-25 over any provision of general law that is in conflict or
15-26 inconsistent with this article, including any provision of Chapter
15-27 36, Water Code.
16-1 (b) The district does not have the authority granted by the
16-2 following provisions of Chapter 36, Water Code:
16-3 (1) Section 36.105, relating to eminent domain; and
16-4 (2) Sections 36.020 and 36.201-36.204, relating to
16-5 taxes.
16-6 SECTION 4.05. FEES. (a) The board of directors of the
16-7 district by rule may impose reasonable fees on each well for which
16-8 a permit is issued by the district and that is not exempt from
16-9 regulation by the district. A fee may be based on the size of
16-10 column pipe used by the well or on the actual, authorized, or
16-11 anticipated amount of water to be withdrawn from the well.
16-12 (b) Fees may not exceed:
16-13 (1) $1 per acre-foot for water used for irrigating
16-14 agricultural crops; or
16-15 (2) 17 cents per thousand gallons for water used for
16-16 any other purpose.
16-17 (c) In addition to the fee authorized under Subsection (b)
16-18 of this section, the district may assess a fee on groundwater from
16-19 a well that is produced for transport outside the district.
16-20 (d) Fees authorized by this section may be assessed annually
16-21 and may be used to fund the cost of district operations.
16-22 SECTION 4.06. GROUNDWATER WELLS UNDER JURISDICTION OF
16-23 RAILROAD COMMISSION. (a) A groundwater well drilled or operated
16-24 within the district under a permit issued by the Railroad
16-25 Commission of Texas is under the exclusive jurisdiction of the
16-26 railroad commission and is exempt from regulation by the district.
16-27 (b) Groundwater produced in an amount authorized by a
17-1 railroad commission permit may be used within or exported from the
17-2 district without a permit from the district.
17-3 (c) To the extent groundwater is produced in excess of
17-4 railroad commission authorization, the holder of the railroad
17-5 commission permit must apply to the district for the appropriate
17-6 permit for the excess production and is subject to the applicable
17-7 regulatory fees.
17-8 (d) Groundwater produced from a well under the jurisdiction
17-9 of the railroad commission is generally exempt from water district
17-10 fees. However, the district may impose either a pumping fee or an
17-11 export fee on groundwater produced from an otherwise exempt mine
17-12 well that is used for municipal purposes or by a public utility.
17-13 Any fee imposed by the district under this subsection may not
17-14 exceed the fee imposed on other groundwater producers in the
17-15 district.
17-16 SECTION 4.07. REGIONAL COOPERATION. To provide for regional
17-17 continuity, the district shall:
17-18 (1) participate as needed in coordination meetings
17-19 with other groundwater districts in its designated management area;
17-20 (2) coordinate the collection of data with other
17-21 groundwater districts in its designated management area in such a
17-22 way as to achieve relative uniformity of data type and quality;
17-23 (3) coordinate efforts to monitor water quality with
17-24 other groundwater districts in its designated management area,
17-25 local governments, and state agencies;
17-26 (4) provide groundwater level data to other
17-27 groundwater districts in its designated management area;
18-1 (5) investigate any groundwater and aquifer pollution
18-2 with the intention of locating its source;
18-3 (6) notify other groundwater districts in its
18-4 designated management area and all appropriate agencies of any
18-5 detected groundwater pollution;
18-6 (7) annually provide to other groundwater districts in
18-7 its designated management area an inventory of water wells and an
18-8 estimate of groundwater production within the district; and
18-9 (8) include other groundwater districts in its
18-10 designated management area on the mailing lists for district
18-11 newsletters, seminars, public education events, news articles, and
18-12 field days.
18-13 SECTION 4.08. BOARD OF DIRECTORS. (a) The district is
18-14 governed by a board of nine directors.
18-15 (b) Initial directors serve until permanent directors are
18-16 appointed under Section 4.09 of this article and qualified as
18-17 required by Subsection (d) of this section.
18-18 (c) Permanent directors serve staggered four-year terms.
18-19 (d) Each director must qualify to serve as a director in the
18-20 manner provided by Section 36.055, Water Code.
18-21 (e) A director serves until the director's successor has
18-22 qualified.
18-23 (f) A director may serve consecutive terms.
18-24 (g) If there is a vacancy on the board, the governing body
18-25 of the entity that appointed the director who vacated the office
18-26 shall appoint a director to serve the remainder of the term.
18-27 (h) Directors are not entitled to receive compensation for
19-1 serving as a director but may be reimbursed for actual, reasonable
19-2 expenses incurred in the discharge of official duties.
19-3 (i) A majority vote of a quorum is required for board
19-4 action. If there is a tie vote, the proposed action fails.
19-5 SECTION 4.09. APPOINTMENT OF DIRECTORS. (a) The Leon County
19-6 Commissioners Court shall appoint three directors, of whom:
19-7 (1) one must represent the interests of rural water
19-8 suppliers or municipalities in the county, or both;
19-9 (2) one must represent agricultural interests in the
19-10 county; and
19-11 (3) one must represent industrial interests in the
19-12 county.
19-13 (b) The Madison County Commissioners Court shall appoint
19-14 three directors, of whom:
19-15 (1) one must represent the interests of rural water
19-16 suppliers or municipalities in the county, or both;
19-17 (2) one must represent agricultural interests in the
19-18 county; and
19-19 (3) one must represent industrial interests in the
19-20 county.
19-21 (c) The Freestone County Commissioners Court shall appoint
19-22 three directors, of whom:
19-23 (1) one must represent the interests of rural water
19-24 suppliers or municipalities in the county, or both;
19-25 (2) one must represent agricultural interests in the
19-26 county; and
19-27 (3) one must represent industrial interests in the
20-1 county.
20-2 (d) Each of the governing bodies authorized by this section
20-3 to make an appointment shall appoint the appropriate number of
20-4 initial directors as soon as practicable following the effective
20-5 date of this Act, but not later than the 45th day after the
20-6 effective date of this Act.
20-7 (e) The initial directors shall draw lots to determine their
20-8 terms. A simple majority of the initial directors, if an odd
20-9 number of initial directors are appointed, or half the initial
20-10 directors, if an even number of initial directors are appointed,
20-11 serve terms that expire on January 1 of the fourth year following
20-12 the confirmation of the district at an election held under Section
20-13 4.11 of this article. The remaining initial directors serve terms
20-14 that expire on January 1 of the second year following the
20-15 confirmation of the district. On January 1 of the second year
20-16 following confirmation of the district and every two years after
20-17 that date, the appropriate commissioners courts shall appoint the
20-18 appropriate number of permanent directors.
20-19 SECTION 4.10. ORGANIZATIONAL MEETING. As soon as practicable
20-20 after all the initial directors have been appointed and have
20-21 qualified as provided by this article, a majority of the directors
20-22 shall convene the organizational meeting of the district at a
20-23 location within the district agreeable to a majority of the
20-24 directors. If no location can be agreed upon, the organizational
20-25 meeting of the directors shall be at the Leon County Courthouse.
20-26 SECTION 4.11. CONFIRMATION ELECTION. (a) The initial board
20-27 of directors shall call and hold an election on the same date in
21-1 each county within the district to confirm the creation of the
21-2 district.
21-3 (b) Except as provided by this section, a confirmation
21-4 election must be conducted as provided by Sections 36.017, 36.018,
21-5 and 36.019, Water Code, and Section 41.001, Election Code.
21-6 (c) If the majority of qualified voters in a county who vote
21-7 in the election vote to confirm the creation of the district, that
21-8 county is included in the district. If the majority of qualified
21-9 voters in a county who vote in the election vote not to confirm the
21-10 creation of the district, that county is excluded from the
21-11 district.
21-12 (d) If the creation of the district is not confirmed by an
21-13 election held under this section before the second anniversary of
21-14 the effective date of this Act, the district is dissolved and this
21-15 article expires on that date.
21-16 ARTICLE V. PROCEDURAL REQUIREMENTS; EFFECTIVE DATE
21-17 SECTION 5.01. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
21-18 (a) The proper and legal notice of the intention to introduce this
21-19 Act, setting forth the general substance of this Act, has been
21-20 published as provided by law, and the notice and a copy of this Act
21-21 have been furnished to all persons, agencies, officials, or
21-22 entities to which they are required to be furnished by the
21-23 constitution and other laws of this state, including the governor,
21-24 who has submitted the notice and Act to the Texas Natural Resource
21-25 Conservation Commission.
21-26 (b) The Texas Natural Resource Conservation Commission has
21-27 filed its recommendations relating to this Act with the governor,
22-1 lieutenant governor, and speaker of the house of representatives
22-2 within the required time.
22-3 (c) All requirements of the constitution and laws of this
22-4 state and the rules and procedures of the legislature with respect
22-5 to the notice, introduction, and passage of this Act are fulfilled
22-6 and accomplished.
22-7 SECTION 5.02. EFFECTIVE DATE. This Act takes effect
22-8 September 1, 2001.