1-1     By:  Hardcastle (Senate Sponsor - Haywood)            H.B. No. 3626
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 7, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 4, Nays 0;
 1-6     May 7, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 3626                 By:  Haywood
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the ratification of the creation of and to the
1-11     administration, powers, duties, operation, and financing of the
1-12     Tri-County Groundwater Conservation District.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  RATIFICATION OF CREATION.  The creation by
1-15     Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999
1-16     (Senate Bill No. 1911), of the Tri-County Groundwater Conservation
1-17     District in Foard, Hardeman, and Wilbarger counties is ratified as
1-18     required by Section 15(a) of that Act, subject to approval at a
1-19     confirmation election under Section 8 of this Act.
1-20           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-21     Tri-County Groundwater Conservation District.
1-22           SECTION 3.  BOUNDARIES. The boundaries of the district are
1-23     coextensive with the boundaries of Foard, Hardeman, and Wilbarger
1-24     counties.
1-25           SECTION 4.  GENERAL POWERS.  (a)  The district has all of the
1-26     rights, powers, privileges, authority, functions, and duties
1-27     provided by the general law of this state, including Chapter 36,
1-28     Water Code, applicable to groundwater conservation districts
1-29     created under Section 59, Article XVI, Texas Constitution.  This
1-30     Act prevails over any provision of general law that is in conflict
1-31     or inconsistent with this Act, including any provision of Chapter
1-32     1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate
1-33     Bill No. 1911).
1-34           (b)  Notwithstanding Subsection (a) of this section, the
1-35     following provisions prevail over a conflicting or inconsistent
1-36     provision of this Act:
1-37                 (1)  Sections 36.107-36.108, Water Code;
1-38                 (2)  Sections 36.159-36.161, Water Code; and
1-39                 (3)  Subchapter I, Chapter 36, Water Code.
1-40           SECTION 5.  BOARD OF DIRECTORS.  (a)  The district is
1-41     governed by a board of six directors.
1-42           (b)  Initial directors serve until permanent directors are
1-43     appointed under Section 7 of this Act and qualified as required by
1-44     Subsection (c) of this section.
1-45           (c)  Each director must qualify to serve as director in the
1-46     manner provided by Section 36.055, Water Code.
1-47           (d)  Directors other than initial directors serve staggered
1-48     four-year terms.
1-49           (e)  A director serves until the director's successor has
1-50     qualified.
1-51           (f)  If there is a vacancy on the board, the appropriate
1-52     commissioners court shall appoint a director to serve the remainder
1-53     of the term.
1-54           (g)  The appropriate commissioners court shall appoint a
1-55     director to succeed a director on or before the date the director's
1-56     term expires.
1-57           (h)  A director may not receive a salary or other
1-58     compensation for service as a director but may be reimbursed for
1-59     actual expenses of attending meetings.
1-60           SECTION 6.  APPOINTMENT AND TERMS OF INITIAL DIRECTORS.  (a)
1-61     As soon as practicable after the effective date of this Act, the
1-62     commissioners courts of Foard, Hardeman, and Wilbarger counties
1-63     shall each appoint two initial directors.
1-64           (b)  The initial directors shall serve terms as follows:
 2-1                 (1)  the two initial directors appointed by the Foard
 2-2     County Commissioners Court shall serve terms expiring February 1,
 2-3     2002;
 2-4                 (2)  the two initial directors appointed by the
 2-5     Hardeman County Commissioners Court shall serve terms expiring
 2-6     February 1, 2004; and
 2-7                 (3)  the two initial directors appointed by the
 2-8     Wilbarger County Commissioners Court shall serve terms expiring
 2-9     February 1, 2006.
2-10           SECTION 7.  APPOINTMENT OF DIRECTORS. (a)  The commissioners
2-11     court of each county in the district shall appoint two directors.
2-12           (b)  If the district consists of two counties, the
2-13     commissioners courts of these counties shall appoint three
2-14     directors.
2-15           (c)  If the district consists of one county, the
2-16     commissioners court of that county shall appoint six directors.
2-17           SECTION 8.  CONFIRMATION ELECTION. (a)  The initial board of
2-18     directors shall call and hold an election on the same date in each
2-19     county within the district to confirm the creation of the district.
2-20           (b)  Except as provided by this section, a confirmation
2-21     election must be conducted as provided by Sections 36.017, 36.018,
2-22     and 36.019, Water Code, and Section 41.001, Election Code.
2-23           (c)  If the majority of qualified voters in a county who vote
2-24     in the election vote to confirm the creation of the district, that
2-25     county is included in the district.  If the majority of qualified
2-26     voters in a county who vote in the election vote not to confirm the
2-27     creation of the district, that county is excluded from the
2-28     district.
2-29           SECTION 9.  TAXING AUTHORITY.  The district may levy and
2-30     collect an ad valorem tax in the district at a rate not to exceed
2-31     one cent on each $100 of assessed valuation.
2-32           SECTION 10.  FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
2-33     (a)  The proper and legal notice of the intention to introduce this
2-34     Act, setting forth the general substance of this Act, has been
2-35     published as provided by law, and the notice and a copy of this Act
2-36     have been furnished to all persons, agencies, officials, or
2-37     entities to which they are required to be furnished by the
2-38     constitution and other laws of this state, including the governor,
2-39     who has submitted the notice and Act to the Texas Natural Resource
2-40     Conservation Commission.
2-41           (b)  The Texas Natural Resource Conservation Commission has
2-42     filed its recommendations relating to this Act with the governor,
2-43     lieutenant governor, and speaker of the house of representatives
2-44     within the required time.
2-45           (c)  All requirements of the constitution and laws of this
2-46     state and the rules and procedures of the legislature with respect
2-47     to the notice, introduction, and passage of this Act are fulfilled
2-48     and accomplished.
2-49           SECTION 11.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
2-50     takes effect September 1, 2001.
2-51           (b)  If the creation of the district is not confirmed at a
2-52     confirmation election held under Section 8 of this Act before
2-53     September 1, 2003, this Act expires on that date.
2-54                                  * * * * *