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. 3-2 * * * * *