1-1     By:  Miller (Senate Sponsor - Sibley)                 H.B. No. 3665
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 6, Nays 0;
 1-6     May 11, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 3665                  By:  Duncan
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the creation, administration, powers, duties,
1-11     operation, and financing of the Middle Trinity Groundwater
1-12     Conservation District.
1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14           SECTION 1.  CREATION.  (a)  A groundwater conservation
1-15     district, to be known as the Middle Trinity Groundwater
1-16     Conservation District, is created in Bosque, Callahan, Coryell,
1-17     Eastland, Erath, Somervell, Comanche, and Hamilton counties,
1-18     subject to a confirmation election under Section 10 of this Act.
1-19     The district is a governmental agency and a body politic and
1-20     corporate.
1-21           (b)  The district is created under and is essential to
1-22     accomplish the purposes of Section 59, Article XVI, Texas
1-23     Constitution.
1-24           SECTION 2.  DEFINITION.  In this Act, "district" means the
1-25     Middle Trinity Groundwater Conservation District.
1-26           SECTION 3.  BOUNDARIES.  The boundaries of the district are
1-27     coextensive with the boundaries of Bosque, Callahan, Coryell,
1-28     Eastland, Erath, Somervell, Comanche, and Hamilton counties.
1-29           SECTION 4.  FINDING OF BENEFIT.  All of the land and other
1-30     property included within the boundaries of the district will be
1-31     benefited by the works and projects that are to be accomplished by
1-32     the district under powers conferred by Section 59, Article XVI,
1-33     Texas Constitution.  The district is created to serve a public use
1-34     and benefit.
1-35           SECTION 5.  GENERAL POWERS.  (a)  The district has all of the
1-36     rights, powers, privileges, authority, functions, and duties
1-37     provided by the general law of this state, including Chapter 36,
1-38     Water Code, applicable to groundwater conservation districts
1-39     created under Section 59, Article XVI, Texas Constitution.  This
1-40     Act prevails over any provision of general law that is in conflict
1-41     or inconsistent with this Act.
1-42           (b)  Notwithstanding Subsection (a) of this section, the
1-43     following provisions prevail over a conflicting or inconsistent
1-44     provision of this Act:
1-45                 (1)  Sections 36.1071-36.108, Water Code;
1-46                 (2)  Sections 36.159, 36.160, and 36.161, Water Code;
1-47     and
1-48                 (3)  Subchapter I, Chapter 36, Water Code.
1-49           (c)  Chapter 49, Water Code, does not apply to the district.
1-50           SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is
1-51     governed by a board of not fewer than five or more than 16
1-52     directors.  Directors are appointed as provided by Section 7 of
1-53     this Act.
1-54           (b)  Initial directors serve until permanent directors are
1-55     appointed under Section 7 of this Act.
1-56           (c)  Permanent directors serve staggered four-year terms.
1-57           (d)  Each director must qualify to serve as director in the
1-58     manner provided by Section 36.055, Water Code.
1-59           (e)  A director serves until the director's successor has
1-60     qualified.
1-61           (f)  Directors may serve consecutive terms.
1-62           SECTION 7.  APPOINTMENT OF DIRECTORS.  (a)  The commissioners
1-63     court of each county in the district shall appoint two directors.
1-64           (b)  If the district consists of two counties, the
 2-1     commissioners courts of these counties shall appoint three
 2-2     directors.
 2-3           (c)  If the district consists of one county, the
 2-4     commissioners court of that county shall appoint five directors.
 2-5           SECTION 8.  INITIAL DIRECTORS.  (a)  The initial board of
 2-6     directors consists of:
 2-7                 (1)  Calvin Rueter and Truman Blum, from Bosque County;
 2-8                 (2)  Bryan Farmer and Cecil Barton, from Callahan
 2-9     County;
2-10                 (3)  Jack Wall and Lyle Zoeller, from Coryell County;
2-11                 (4)  Brad Stephenson and Ron Bailey, from Eastland
2-12     County;
2-13                 (5)  Tab Thompson and John Moser, from Erath County;
2-14                 (6)  Walter Maynard and Jeff Mackey, from Somervell
2-15     County;
2-16                 (7)  Lance Wilkerson and John Robert Adcock, from
2-17     Comanche County; and
2-18                 (8)  Joe McGowen and Charlie Thomas, from Hamilton
2-19     County.
2-20           (b)  If an initial director fails to qualify for office, the
2-21     commissioners court that appointed the director shall appoint a
2-22     person to fill the vacancy.
2-23           SECTION 9.  TERMS OF OFFICE OF INITIAL DIRECTORS.  (a)  One
2-24     initial director from each county in the district shall serve a
2-25     term expiring December 31, 2003.
2-26           (b)  One initial director from each county in the district
2-27     shall serve a term expiring December 31, 2005.
2-28           (c)  The two initial directors from each county in the
2-29     district by lot shall determine which director serves the shorter
2-30     term provided by this section.
2-31           SECTION 10.  CONFIRMATION ELECTION.  (a)  The initial board
2-32     of directors shall call and hold an election to confirm the
2-33     establishment of the district.
2-34           (b)  Section 41.001(a), Election Code, does not apply to a
2-35     confirmation election held as provided by this section.
2-36           (c)  Except as provided by this section, a confirmation
2-37     election must be conducted as provided by Sections 36.017(b)-(h),
2-38     Water Code, and the Election Code.
2-39           (d)  If the majority of qualified voters in a county who vote
2-40     in the election vote to confirm the creation of the district, that
2-41     county is included in the district.  If the majority of qualified
2-42     voters in a county who vote in the election vote not to confirm the
2-43     creation of the district, that county is excluded from the
2-44     district.
2-45           SECTION 11.  DISTRICT REVENUES.  The board of directors may
2-46     impose taxes annually to pay the maintenance and operating expenses
2-47     of the district at a rate not to exceed five cents on each $100 of
2-48     assessed valuation.
2-49           SECTION 12.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
2-50     (a)  The proper and legal notice of the intention to introduce this
2-51     Act, setting forth the general substance of this Act, has been
2-52     published as provided by law, and the notice and a copy of this Act
2-53     have been furnished to all persons, agencies, officials, or
2-54     entities to which they are required to be furnished by the
2-55     constitution and other laws of this state, including the governor,
2-56     who has submitted the notice and Act to the Texas Natural Resource
2-57     Conservation Commission.
2-58           (b)  The Texas Natural Resource Conservation Commission has
2-59     filed its recommendations relating to this Act with the governor,
2-60     lieutenant governor, and speaker of the house of representatives
2-61     within the required time.
2-62           (c)  All requirements of the constitution and laws of this
2-63     state and the rules and procedures of the legislature with respect
2-64     to the notice, introduction, and passage of this Act are fulfilled
2-65     and accomplished.
2-66           SECTION 13.  EFFECTIVE DATE; EXPIRATION DATE.  (a)  This Act
2-67     takes effect September 1, 2001.
2-68           (b)  If the creation of the district is not confirmed at a
2-69     confirmation election held under Section 10 of this Act before
 3-1     September 1, 2003, this Act expires on that date.
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