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.