By Hardcastle                                         H.B. No. 3626
         77R6739 SGA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the ratification of the creation of and to the
 1-3     administration, powers, duties, operation, and financing of the
 1-4     Tri-County Groundwater Conservation District.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  RATIFICATION OF CREATION.  The creation by
 1-7     Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
 1-8     (Senate Bill No. 1911), of the Tri-County Groundwater Conservation
 1-9     District in Foard, Hardeman, and Wilbarger counties is ratified as
1-10     required by Section 15(a) of that Act, subject to approval at a
1-11     confirmation election under Section 7 of this Act.
1-12           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-13     Tri-County Groundwater Conservation District.
1-14           SECTION 3.  BOUNDARIES. The boundaries of the district are
1-15     coextensive with the boundaries of Foard, Hardeman, and Wilbarger
1-16     counties.
1-17           SECTION 4.  GENERAL POWERS.  (a)  The district has all of the
1-18     rights, powers, privileges, authority, functions, and duties
1-19     provided by the general law of this state, including Chapter 36,
1-20     Water Code, applicable to groundwater conservation districts
1-21     created under Section 59, Article XVI, Texas Constitution.  This
1-22     Act prevails over any provision of general law that is in conflict
1-23     or inconsistent with this Act, including any provision of Chapter
1-24     1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
 2-1     Bill No. 1911).
 2-2           (b)  Notwithstanding Subsection (a) of this section, the
 2-3     following provisions prevail over a conflicting or inconsistent
 2-4     provision of this Act:
 2-5                 (1)  Sections 36.107-36.108, Water Code;
 2-6                 (2)  Sections 36.159-36.161, Water Code; and
 2-7                 (3)  Subchapter I, Chapter 36, Water Code.
 2-8           SECTION 5.  BOARD OF DIRECTORS.  (a)  The district is
 2-9     governed by a board of six directors.  Two directors are appointed
2-10     by the commissioners court of each county in the district.
2-11           (b)  Each director must qualify to serve as director in the
2-12     manner provided by Section 36.055, Water Code.
2-13           (c)  Directors other than initial directors serve staggered
2-14     four-year terms.
2-15           (d)  A director serves until the director's successor has
2-16     qualified.
2-17           (e)  If there is a vacancy on the board, the appropriate
2-18     commissioners court shall appoint a director to serve the remainder
2-19     of the term.
2-20           (f)  The appropriate commissioners court shall appoint a
2-21     director to succeed a director on or before the date the director's
2-22     term expires.
2-23           (g)  A director may not receive a salary or other
2-24     compensation for service as a director but may be reimbursed for
2-25     actual expenses of attending meetings.
2-26           SECTION 6.  APPOINTMENT AND TERMS OF INITIAL DIRECTORS.  (a)
2-27     As soon as practicable after the effective date of this Act, the
 3-1     commissioners courts of Foard, Hardeman, and Wilbarger counties
 3-2     shall each appoint two initial directors.
 3-3           (b)  The initial directors shall serve terms as follows:
 3-4                 (1)  the two initial directors appointed by the Foard
 3-5     County Commissioners Court shall serve terms expiring February 1,
 3-6     2002;
 3-7                 (2)  the two initial directors appointed by the
 3-8     Hardeman County Commissioners Court shall serve terms expiring
 3-9     February 1, 2004; and
3-10                 (3)  the two initial directors appointed by the
3-11     Wilbarger County Commissioners Court shall serve terms expiring
3-12     February 1, 2006.
3-13           SECTION 7.  CONFIRMATION ELECTION.  (a)  The board of
3-14     directors shall call and hold an election to confirm the
3-15     establishment of the district.
3-16           (b)  Section 41.001(a), Election Code, does not apply to a
3-17     confirmation election held as provided by this section.
3-18           (c)  Except as provided by this section, a confirmation
3-19     election must be conducted as provided by Sections 36.017(b)-(h),
3-20     Water Code, and the Election Code.
3-21           SECTION 8.  TAXING AUTHORITY.  The district may levy and
3-22     collect an ad valorem tax in the district at a rate not to exceed
3-23     one cent on each $100 of assessed valuation.
3-24           SECTION 9.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-25     (a)  The proper and legal notice of the intention to introduce this
3-26     Act, setting forth the general substance of this Act, has been
3-27     published as provided by law, and the notice and a copy of this Act
 4-1     have been furnished to all persons, agencies, officials, or
 4-2     entities to which they are required to be furnished by the
 4-3     constitution and other laws of this state, including the governor,
 4-4     who has submitted the notice and Act to the Texas Natural Resource
 4-5     Conservation Commission.
 4-6           (b)  The Texas Natural Resource Conservation Commission has
 4-7     filed its recommendations relating to this Act with the governor,
 4-8     lieutenant governor, and speaker of the house of representatives
 4-9     within the required time.
4-10           (c)  All requirements of the constitution and laws of this
4-11     state and the rules and procedures of the legislature with respect
4-12     to the notice, introduction, and passage of this Act are fulfilled
4-13     and accomplished.
4-14           SECTION 10.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
4-15     takes effect September 1, 2001.
4-16           (b)  If the creation of the district is not confirmed at a
4-17     confirmation election held under Section 7 of this Act before
4-18     September 1, 2003, this Act expires on that date.