By Haywood S.B. No. 611
77R1471 QS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the membership of the board of directors of the
1-3 Rolling Plains Groundwater Conservation District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 1, 2, 3, and 5, Chapter 1028, Acts of
1-6 the 73rd Legislature, Regular Session, 1993, are amended to read as
1-7 follows:
1-8 Sec. 1. CREATION. (a) The Rolling Plains Groundwater
1-9 Conservation District [An underground water conservation district,
1-10 to be known as the Haskell/Knox County Underground Water
1-11 Conservation District, is created in Haskell and Knox counties,
1-12 subject to approval at a confirmation election under Section 11 of
1-13 this Act. The district] is a governmental agency and a body
1-14 politic and corporate.
1-15 (b) The district is created under and is essential to
1-16 accomplish the purposes of Section 59, Article XVI, [Section 59, of
1-17 the] Texas Constitution.
1-18 Sec. 2. DEFINITION. In this Act, "district" means the
1-19 Rolling Plains Groundwater [Haskell/Knox County Underground Water]
1-20 Conservation District.
1-21 Sec. 3. BOUNDARIES. The boundaries of the district are
1-22 coextensive with the boundaries of Haskell County, [and] Knox
1-23 County, and Baylor County, Texas.
1-24 Sec. 5. POWERS. (a) The district has all of the rights,
2-1 powers, privileges, authority, functions, and duties provided by
2-2 the general law of this state, including Chapter 36 [Chapters 50,
2-3 51, and 52], Water Code, applicable to groundwater [underground
2-4 water] conservation districts created under Section 59, Article
2-5 XVI, [Section 59, of the] Texas Constitution. This Act prevails
2-6 over any provision of general law that is in conflict or
2-7 inconsistent with this Act.
2-8 (b) The rights, powers, privileges, authority, functions,
2-9 and duties of the district are subject to the continuing right of
2-10 supervision of the state to be exercised by and through the Texas
2-11 Natural Resource Conservation [Water] Commission.
2-12 SECTION 2. Section 6(a), Chapter 1028, Acts of the 73rd
2-13 Legislature, Regular Session, 1993, is amended to read as follows:
2-14 (a) The district is governed by a board of [10] directors
2-15 consisting of not fewer than 5 and not more than 16 directors.
2-16 SECTION 3. Section 7, Chapter 1028, Acts of the 73rd
2-17 Legislature, Regular Session, 1993, is amended to read as follows:
2-18 Sec. 7. APPOINTMENT OF DIRECTORS. [(a)] An equal number of
2-19 [The] directors [of the district] shall be appointed by the
2-20 [county] commissioners court of each county in the district [as
2-21 provided by this section].
2-22 [(b) Five directors shall be appointed by the county
2-23 commissioners of Haskell County.]
2-24 [(c) Five directors shall be appointed by the county
2-25 commissioners of Knox County.]
2-26 [(d) The appropriate number of initial directors shall be
2-27 appointed by the county commissioners of each county on or before
3-1 the date on which the temporary board files the results of the
3-2 election favoring creation of the district with the Texas Water
3-3 Commission under Section 52.059(f), Water Code.]
3-4 [(e) The initial directors shall draw lots to determine
3-5 which directors shall serve four-year terms and which directors
3-6 shall serve two-year terms. The directors shall draw lots so that
3-7 half of the directors serve four-year terms and the remaining
3-8 directors serve two-year terms.]
3-9 [(f) Permanent directors are appointed in the same manner as
3-10 the original appointment.]
3-11 SECTION 4. Chapter 1028, Acts of the 73rd Legislature,
3-12 Regular Session, 1993, is amended by adding Section 7A to read as
3-13 follows:
3-14 Sec. 7A. APPOINTMENT OF DIRECTORS AFTER COUNTY ADDED TO
3-15 DISTRICT. (a) When a county is added to the district the board
3-16 shall change the number of directors so that an equal number of
3-17 directors are appointed by the commissioners court of each county
3-18 in the district. The terms of the directors then serving expire on
3-19 a date set by the board, not later than the 90th day after the date
3-20 the county is added to the district, and the directors continue to
3-21 serve only until the new directors have been appointed.
3-22 (b) The board shall send to the commissioners court of each
3-23 county in the district notice of the number of directors the county
3-24 may appoint.
3-25 (c) After receiving the notice from the board, the
3-26 commissioners courts of all the counties in the district shall
3-27 confer to determine the number of new directors from each county
4-1 who will serve four-year terms and the number of new directors from
4-2 each county who will serve two-year terms. The commissioners
4-3 courts shall provide that, as nearly as possible, half of the new
4-4 directors, in total and from each county, serve four-year terms and
4-5 the remaining new directors serve two-year terms.
4-6 (d) The commissioners court of each county shall appoint new
4-7 directors before the date set by the board in Subsection (a) of
4-8 this section. A commissioners court may reappoint a current
4-9 director.
4-10 (e) The new directors from each county shall draw lots to
4-11 determine which directors serve four-year terms and which directors
4-12 serve two-year terms in accordance with Subsection (c) of this
4-13 section.
4-14 SECTION 5. Section 8(d), Chapter 1028, Acts of the 73rd
4-15 Legislature, Regular Session, 1993, is amended to read as follows:
4-16 (d) Each director must qualify to serve as director in the
4-17 manner provided by Section 36.055 [Sections 51.078 and 51.079],
4-18 Water Code.
4-19 SECTION 6. Section 9, Chapter 1028, Acts of the 73rd
4-20 Legislature, Regular Session, 1993, is amended to read as follows:
4-21 Sec. 9. ELECTION [APPOINTMENT] OF CHAIRMAN; VOTING POWER OF
4-22 CHAIRMAN. (a) The board of directors shall elect one of its
4-23 members as board chairman every other year, following the
4-24 appointment of directors under Section 7 of this Act. [The
4-25 chairman of the board of directors shall be appointed from among
4-26 the directors in even-numbered years by the county commissioners of
4-27 one county and in odd-numbered years by the county commissioners of
5-1 the other county. A designated representative from among the
5-2 county commissioners of each county shall draw lots to determine
5-3 which county appoints the initial chairman].
5-4 (b) The chairman may vote and may cast an additional vote to
5-5 break a tie.
5-6 SECTION 7. Not later than the 90th day after the effective
5-7 date of this Act the board shall change the number of directors as
5-8 provided by Section 7A, Chapter 1028, Acts of the 73rd Legislature,
5-9 Regular Session, 1993, as added by this Act.
5-10 SECTION 8. This Act takes effect immediately if it receives
5-11 a vote of two-thirds of all the members elected to each house, as
5-12 provided by Section 39, Article III, Texas Constitution. If this
5-13 Act does not receive the vote necessary for immediate effect, this
5-14 Act takes effect September 1, 2001.