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.