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 8 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.
2-10 (b) Initial directors serve until permanent directors are
2-11 appointed under Section 7 of this Act and qualified as required by
2-12 Subsection (c) of this section.
2-13 (c) Each director must qualify to serve as director in the
2-14 manner provided by Section 36.055, Water Code.
2-15 (d) Directors other than initial directors serve staggered
2-16 four-year terms.
2-17 (e) A director serves until the director's successor has
2-18 qualified.
2-19 (f) If there is a vacancy on the board, the appropriate
2-20 commissioners court shall appoint a director to serve the remainder
2-21 of the term.
2-22 (g) The appropriate commissioners court shall appoint a
2-23 director to succeed a director on or before the date the director's
2-24 term expires.
2-25 (h) A director may not receive a salary or other
2-26 compensation for service as a director but may be reimbursed for
2-27 actual expenses of attending meetings.
3-1 SECTION 6. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. (a)
3-2 As soon as practicable after the effective date of this Act, the
3-3 commissioners courts of Foard, Hardeman, and Wilbarger counties
3-4 shall each appoint two initial directors.
3-5 (b) The initial directors shall serve terms as follows:
3-6 (1) the two initial directors appointed by the Foard
3-7 County Commissioners Court shall serve terms expiring February 1,
3-8 2002;
3-9 (2) the two initial directors appointed by the
3-10 Hardeman County Commissioners Court shall serve terms expiring
3-11 February 1, 2004; and
3-12 (3) the two initial directors appointed by the
3-13 Wilbarger County Commissioners Court shall serve terms expiring
3-14 February 1, 2006.
3-15 SECTION 7. APPOINTMENT OF DIRECTORS. (a) The commissioners
3-16 court of each county in the district shall appoint two directors.
3-17 (b) If the district consists of two counties, the
3-18 commissioners courts of these counties shall appoint three
3-19 directors.
3-20 (c) If the district consists of one county, the
3-21 commissioners court of that county shall appoint six directors.
3-22 SECTION 8. CONFIRMATION ELECTION. (a) The initial board of
3-23 directors shall call and hold an election on the same date in each
3-24 county within the district to confirm the creation of the district.
3-25 (b) Except as provided by this section, a confirmation
3-26 election must be conducted as provided by Sections 36.017, 36.018,
3-27 and 36.019, Water Code, and Section 41.001, Election Code.
4-1 (c) If the majority of qualified voters in a county who vote
4-2 in the election vote to confirm the creation of the district, that
4-3 county is included in the district. If the majority of qualified
4-4 voters in a county who vote in the election vote not to confirm the
4-5 creation of the district, that county is excluded from the
4-6 district.
4-7 SECTION 9. TAXING AUTHORITY. The district may levy and
4-8 collect an ad valorem tax in the district at a rate not to exceed
4-9 one cent on each $100 of assessed valuation.
4-10 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-11 (a) The proper and legal notice of the intention to introduce this
4-12 Act, setting forth the general substance of this Act, has been
4-13 published as provided by law, and the notice and a copy of this Act
4-14 have been furnished to all persons, agencies, officials, or
4-15 entities to which they are required to be furnished by the
4-16 constitution and other laws of this state, including the governor,
4-17 who has submitted the notice and Act to the Texas Natural Resource
4-18 Conservation Commission.
4-19 (b) The Texas Natural Resource Conservation Commission has
4-20 filed its recommendations relating to this Act with the governor,
4-21 lieutenant governor, and speaker of the house of representatives
4-22 within the required time.
4-23 (c) All requirements of the constitution and laws of this
4-24 state and the rules and procedures of the legislature with respect
4-25 to the notice, introduction, and passage of this Act are fulfilled
4-26 and accomplished.
4-27 SECTION 11. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
5-1 takes effect September 1, 2001.
5-2 (b) If the creation of the district is not confirmed at a
5-3 confirmation election held under Section 8 of this Act before
5-4 September 1, 2003, this Act expires on that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3626 was passed by the House on April
20, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3626 on May 17, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3626 was passed by the Senate, with
amendments, on May 15, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor