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 * * * * *