1-1 By: Haywood S.B. No. 611
1-2 (In the Senate - Filed February 8, 2001; February 12, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 21, 2001, reported favorably by the following vote: Yeas
1-5 4, Nays 0; February 21, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the membership of the board of directors of the Rolling
1-9 Plains Groundwater Conservation District.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 1, 2, 3, and 5, Chapter 1028, Acts of
1-12 the 73rd Legislature, Regular Session, 1993, are amended to read as
1-13 follows:
1-14 Sec. 1. CREATION. (a) The Rolling Plains Groundwater
1-15 Conservation District [An underground water conservation district,
1-16 to be known as the Haskell/Knox County Underground Water
1-17 Conservation District, is created in Haskell and Knox counties,
1-18 subject to approval at a confirmation election under Section 11 of
1-19 this Act. The district] is a governmental agency and a body
1-20 politic and corporate.
1-21 (b) The district is created under and is essential to
1-22 accomplish the purposes of Section 59, Article XVI, [Section 59, of
1-23 the] Texas Constitution.
1-24 Sec. 2. DEFINITION. In this Act, "district" means the
1-25 Rolling Plains Groundwater [Haskell/Knox County Underground Water]
1-26 Conservation District.
1-27 Sec. 3. BOUNDARIES. The boundaries of the district are
1-28 coextensive with the boundaries of Haskell County, [and] Knox
1-29 County, and Baylor County, Texas.
1-30 Sec. 5. POWERS. (a) The district has all of the rights,
1-31 powers, privileges, authority, functions, and duties provided by
1-32 the general law of this state, including Chapter 36 [Chapters 50,
1-33 51, and 52], Water Code, applicable to groundwater [underground
1-34 water] conservation districts created under Section 59, Article
1-35 XVI, [Section 59, of the] Texas Constitution. This Act prevails
1-36 over any provision of general law that is in conflict or
1-37 inconsistent with this Act.
1-38 (b) The rights, powers, privileges, authority, functions,
1-39 and duties of the district are subject to the continuing right of
1-40 supervision of the state to be exercised by and through the Texas
1-41 Natural Resource Conservation [Water] Commission.
1-42 SECTION 2. Subsection (a), Section 6, Chapter 1028, Acts of
1-43 the 73rd Legislature, Regular Session, 1993, is amended to read as
1-44 follows:
1-45 (a) The district is governed by a board of [10] directors
1-46 consisting of not fewer than five and not more than 16 directors.
1-47 SECTION 3. Section 7, Chapter 1028, Acts of the 73rd
1-48 Legislature, Regular Session, 1993, is amended to read as follows:
1-49 Sec. 7. APPOINTMENT OF DIRECTORS. [(a)] An equal number of
1-50 [The] directors [of the district] shall be appointed by the
1-51 [county] commissioners court of each county in the district [as
1-52 provided by this section].
1-53 [(b) Five directors shall be appointed by the county
1-54 commissioners of Haskell County.]
1-55 [(c) Five directors shall be appointed by the county
1-56 commissioners of Knox County.]
1-57 [(d) The appropriate number of initial directors shall be
1-58 appointed by the county commissioners of each county on or before
1-59 the date on which the temporary board files the results of the
1-60 election favoring creation of the district with the Texas Water
1-61 Commission under Section 52.059(f), Water Code.]
1-62 [(e) The initial directors shall draw lots to determine
1-63 which directors shall serve four-year terms and which directors
1-64 shall serve two-year terms. The directors shall draw lots so that
2-1 half of the directors serve four-year terms and the remaining
2-2 directors serve two-year terms.]
2-3 [(f) Permanent directors are appointed in the same manner as
2-4 the original appointment.]
2-5 SECTION 4. Chapter 1028, Acts of the 73rd Legislature,
2-6 Regular Session, 1993, is amended by adding Section 7A to read as
2-7 follows:
2-8 Sec. 7A. APPOINTMENT OF DIRECTORS AFTER COUNTY ADDED TO
2-9 DISTRICT. (a) When a county is added to the district, the board
2-10 shall change the number of directors so that an equal number of
2-11 directors are appointed by the commissioners court of each county
2-12 in the district. The terms of the directors then serving expire on
2-13 a date set by the board, not later than the 90th day after the date
2-14 the county is added to the district, and the directors continue to
2-15 serve only until the new directors have been appointed.
2-16 (b) The board shall send to the commissioners court of each
2-17 county in the district notice of the number of directors the county
2-18 may appoint.
2-19 (c) After receiving the notice from the board, the
2-20 commissioners courts of all the counties in the district shall
2-21 confer to determine the number of new directors from each county
2-22 who will serve four-year terms and the number of new directors from
2-23 each county who will serve two-year terms. The commissioners
2-24 courts shall provide that, as nearly as possible, half of the new
2-25 directors, in total and from each county, serve four-year terms and
2-26 the remaining new directors serve two-year terms.
2-27 (d) The commissioners court of each county shall appoint new
2-28 directors before the date set by the board in Subsection (a) of
2-29 this section. A commissioners court may reappoint a current
2-30 director.
2-31 (e) The new directors from each county shall draw lots to
2-32 determine which directors serve four-year terms and which directors
2-33 serve two-year terms in accordance with Subsection (c) of this
2-34 section.
2-35 SECTION 5. Subsection (d), Section 8, Chapter 1028, Acts of
2-36 the 73rd Legislature, Regular Session, 1993, is amended to read as
2-37 follows:
2-38 (d) Each director must qualify to serve as director in the
2-39 manner provided by Section 36.055 [Sections 51.078 and 51.079],
2-40 Water Code.
2-41 SECTION 6. Section 9, Chapter 1028, Acts of the 73rd
2-42 Legislature, Regular Session, 1993, is amended to read as follows:
2-43 Sec. 9. ELECTION [APPOINTMENT] OF CHAIRMAN; VOTING POWER OF
2-44 CHAIRMAN. (a) The board of directors shall elect one of its
2-45 members as board chairman every other year following the
2-46 appointment of directors under Section 7 of this Act [The chairman
2-47 of the board of directors shall be appointed from among the
2-48 directors in even-numbered years by the county commissioners of one
2-49 county and in odd-numbered years by the county commissioners of the
2-50 other county. A designated representative from among the county
2-51 commissioners of each county shall draw lots to determine which
2-52 county appoints the initial chairman].
2-53 (b) The chairman may vote and may cast an additional vote to
2-54 break a tie.
2-55 SECTION 7. Not later than the 90th day after the effective
2-56 date of this Act, the board shall change the number of directors as
2-57 provided by Section 7A, Chapter 1028, Acts of the 73rd Legislature,
2-58 Regular Session, 1993, as added by this Act.
2-59 SECTION 8. This Act takes effect immediately if it receives
2-60 a vote of two-thirds of all the members elected to each house, as
2-61 provided by Section 39, Article III, Texas Constitution. If this
2-62 Act does not receive the vote necessary for immediate effect, this
2-63 Act takes effect September 1, 2001.
2-64 * * * * *