1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Middle Trinity Groundwater
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A groundwater conservation
1-7 district, to be known as the Middle Trinity Groundwater
1-8 Conservation District, is created in Bosque, Callahan, Coryell,
1-9 Eastland, Erath, Somervell, Comanche, and Hamilton counties,
1-10 subject to a confirmation election under Section 10 of this Act.
1-11 The district is a governmental agency and a body politic and
1-12 corporate.
1-13 (b) The district is created under and is essential to
1-14 accomplish the purposes of Section 59, Article XVI, Texas
1-15 Constitution.
1-16 SECTION 2. DEFINITION. In this Act, "district" means the
1-17 Middle Trinity Groundwater Conservation District.
1-18 SECTION 3. BOUNDARIES. The boundaries of the district are
1-19 coextensive with the boundaries of Bosque, Callahan, Coryell,
1-20 Eastland, Erath, Somervell, Comanche, and Hamilton counties.
1-21 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-22 property included within the boundaries of the district will be
1-23 benefited by the works and projects that are to be accomplished by
1-24 the district under powers conferred by Section 59, Article XVI,
2-1 Texas Constitution. The district is created to serve a public use
2-2 and benefit.
2-3 SECTION 5. GENERAL POWERS. (a) The district has all of the
2-4 rights, powers, privileges, authority, functions, and duties
2-5 provided by the general law of this state, including Chapter 36,
2-6 Water Code, applicable to groundwater conservation districts
2-7 created under Section 59, Article XVI, Texas Constitution. This
2-8 Act prevails over any provision of general law that is in conflict
2-9 or inconsistent with this Act.
2-10 (b) Notwithstanding Subsection (a) of this section, the
2-11 following provisions prevail over a conflicting or inconsistent
2-12 provision of this Act:
2-13 (1) Sections 36.1071 through 36.108, Water Code;
2-14 (2) Sections 36.159, 36.160, and 36.161, Water Code;
2-15 and
2-16 (3) Subchapter I, Chapter 36, Water Code.
2-17 (c) Chapter 49, Water Code, does not apply to the district.
2-18 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed
2-19 by a board of not fewer than five or more than 16 directors.
2-20 (b) Temporary directors named under Section 8 of this Act
2-21 serve until initial directors are elected under Section 10 of this
2-22 Act.
2-23 (c) Initial directors serve until permanent directors are
2-24 elected under Section 11 of this Act.
2-25 (d) Permanent directors serve staggered four-year terms.
2-26 (e) Each director must qualify to serve as director in the
2-27 manner provided by Section 36.055, Water Code.
3-1 (f) A director serves until the director's successor has
3-2 qualified.
3-3 SECTION 7. COMPENSATION OF DIRECTORS. A director may not
3-4 receive compensation for service on the board but is entitled to
3-5 reimbursement of actual expenses reasonably and necessarily
3-6 incurred while engaging in activities on behalf of the district.
3-7 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-8 directors consists of:
3-9 (1) Calvin Rueter and Truman Blum, from Bosque County;
3-10 (2) Bryan Farmer and Cecil Barton, from Callahan
3-11 County;
3-12 (3) Jack Wall and Lyle Zoeller, from Coryell County;
3-13 (4) Brad Stephenson and Ron Bailey, from Eastland
3-14 County;
3-15 (5) Tab Thompson and John Moser, from Erath County;
3-16 (6) Walter Maynard and Jeff Mackey, from Somervell
3-17 County;
3-18 (7) Lance Wilkerson and John Robert Adcock, from
3-19 Comanche County; and
3-20 (8) Joe McGowen and Charlie Thomas, from Hamilton
3-21 County.
3-22 (b) If a temporary director fails to qualify for office, the
3-23 commissioners court that appointed the director shall appoint a
3-24 person to fill the vacancy.
3-25 SECTION 9. METHOD OF ELECTING DIRECTORS. (a) Two directors
3-26 shall be elected from each county in the district as provided by
3-27 this section.
4-1 (b) To be qualified to be a candidate for or to serve as
4-2 director, a person must be a registered voter in the county the
4-3 person seeks to represent.
4-4 (c) The initial or permanent directors may revise the number
4-5 of directors as necessary or appropriate, subject to Section 6(a)
4-6 of this Act, to exclude directors representing counties that do not
4-7 confirm the establishment of the district, to include directors
4-8 representing counties that are annexed to the district, or to
4-9 maintain compliance with the federal Voting Rights Act of 1965 (42
4-10 U.S.C. Section 1973 et seq.), as amended. The initial or permanent
4-11 directors may appoint an at-large director to maintain an odd
4-12 number of directors. An at-large director must be a registered
4-13 voter in the district.
4-14 (d) The initial or permanent directors may revise the number
4-15 of directors to be elected from each county, subject to Section
4-16 6(a) of this Act, if necessary to provide for better representation
4-17 of the residents of the district on the board of directors.
4-18 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-19 (a) The temporary board of directors shall call and hold an
4-20 election in each county in the district to confirm establishment of
4-21 the district and to elect initial directors to represent the
4-22 county.
4-23 (b) At the confirmation and initial directors' election, the
4-24 temporary board of directors shall have placed on the ballot in
4-25 each county the names of any candidates filing for an initial
4-26 director's position from that county and blank spaces to write in
4-27 the names of other persons.
5-1 (c) Section 41.001(a), Election Code, does not apply to a
5-2 confirmation and initial directors' election held as provided by
5-3 this section.
5-4 (d) Except as provided by this section, a confirmation and
5-5 initial directors' election must be conducted as provided by
5-6 Sections 36.017(b)-(h), Water Code, and the Election Code.
5-7 (e) The district is established if a majority of the votes
5-8 cast at the election in at least one county favors the
5-9 establishment of the district. A county is included in the
5-10 district and may elect directors to the board only if a majority of
5-11 the votes cast at the election in that county favors the
5-12 establishment of the district. Counties included in the district
5-13 are not required to be contiguous.
5-14 SECTION 11. ELECTION OF PERMANENT DIRECTORS. (a) On the
5-15 first Saturday in May of the first even-numbered year after the
5-16 year in which the district is authorized to be created at a
5-17 confirmation election, an election shall be held in each county in
5-18 the district for the election of permanent directors. The initial
5-19 directors in each participating county shall draw lots to determine
5-20 which permanent director from that county shall serve a two-year
5-21 term and which permanent director from that county shall serve a
5-22 four-year term.
5-23 (b) On the first Saturday in May of each subsequent second
5-24 year following the election, the appropriate number of directors
5-25 shall be elected.
5-26 SECTION 12. DISTRICT REVENUES. The board of directors may
5-27 impose taxes annually to pay the maintenance and operating expenses
6-1 of the district at a rate not to exceed five cents on each $100 of
6-2 assessed valuation.
6-3 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
6-4 The proper and legal notice of the intention to introduce this Act,
6-5 setting forth the general substance of this Act, has been published
6-6 as provided by law, and the notice and a copy of this Act have been
6-7 furnished to all persons, agencies, officials, or entities to which
6-8 they are required to be furnished by the constitution and other
6-9 laws of this state, including the governor, who has submitted the
6-10 notice and Act to the Texas Natural Resource Conservation
6-11 Commission.
6-12 (b) The Texas Natural Resource Conservation Commission has
6-13 filed its recommendations relating to this Act with the governor,
6-14 lieutenant governor, and speaker of the house of representatives
6-15 within the required time.
6-16 (c) All requirements of the constitution and laws of this
6-17 state and the rules and procedures of the legislature with respect
6-18 to notice, introduction, and passage of this Act are fulfilled and
6-19 accomplished.
6-20 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
6-21 takes effect September 1, 2001.
6-22 (b) If the creation of the district is not confirmed at a
6-23 confirmation election held under Section 10 of this Act before
6-24 September 1, 2003, this Act expires on that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3665 was passed by the House on May
5, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 3665 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3665 was passed by the Senate, with
amendments, on May 22, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor