By: Sibley S.B. No. 1655 A BILL TO BE ENTITLED 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, 1-25 Texas Constitution. The district is created to serve a public use 2-1 and benefit. 2-2 SECTION 5. GENERAL POWERS. (a) The district has all of the 2-3 rights, powers, privileges, authority, functions, and duties 2-4 provided by the general law of this state, including Chapter 36, 2-5 Water Code, applicable to groundwater conservation districts 2-6 created under Section 59, Article XVI, Texas Constitution. This 2-7 Act prevails over any provision of general law that is in conflict 2-8 or inconsistent with this Act. 2-9 (b) Notwithstanding Subsection (a) of this section, the 2-10 following provisions prevail over a conflicting or inconsistent 2-11 provision of this Act: 2-12 (1) Sections 36.1071 through 36.108, Water Code; 2-13 (2) Sections 36.159, 36.160, and 36.161, Water Code; 2-14 and 2-15 (3) Subchapter I, Chapter 36, Water Code. 2-16 (c) Chapter 49, Water Code, does not apply to the district. 2-17 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-18 governed by a board of not fewer than five or more than 16 2-19 directors. Directors are appointed as provided by Section 7 of 2-20 this Act. 2-21 (b) Initial directors serve until permanent directors are 2-22 appointed under Section 7 of this Act. 2-23 (c) Permanent directors serve staggered four-year terms. 2-24 (d) Each director must qualify to serve as director in the 2-25 manner provided by Section 36.055, Water Code. 2-26 (e) A director serves until the director's successor has 3-1 qualified. 3-2 (f) Directors may serve consecutive terms. 3-3 SECTION 7. APPOINTMENT OF DIRECTORS. (a) The commissioners 3-4 court of each county in the district shall appoint two directors. 3-5 (b) If the district consists of two counties, the 3-6 commissioners courts of these counties shall appoint three 3-7 directors. 3-8 (c) If the district consists of one county, the 3-9 commissioners court of that county shall appoint five directors. 3-10 SECTION 8. INITIAL DIRECTORS. (a) The initial board of 3-11 directors consists of: 3-12 (1) Calvin Rueter and Truman Blum, from Bosque County; 3-13 (2) Bryan Farmer and Cecil Barton, from Callahan 3-14 County; 3-15 (3) Jack Wall and Lyle Zoeller, from Coryell County; 3-16 (4) Brad Stephenson and Ron Bailey, from Eastland 3-17 County; 3-18 (5) Tab Thompson and John Moser, from Erath County; 3-19 (6) Walter Maynard and Jeff Mackey, from Somervell 3-20 County; 3-21 (7) Lance Wilkerson and John Robert Adcock, from 3-22 Comanche County; and 3-23 (8) Joe McGowen and Charlie Thomas, from Hamilton 3-24 County. 3-25 (b) If an initial director fails to qualify for office, the 3-26 commissioners court that appointed the director shall appoint a 4-1 person to fill the vacancy. 4-2 SECTION 9. TERMS OF OFFICE OF INITIAL DIRECTORS. (a) One 4-3 initial director from each county in the district shall serve a 4-4 term expiring December 31, 2003. 4-5 (b) One initial director from each county in the district 4-6 shall serve a term expiring December 31, 2005. 4-7 (c) The two initial directors from each county in the 4-8 district by lot shall determine which director serves the shorter 4-9 term provided by this section. 4-10 SECTION 10. CONFIRMATION ELECTION. (a) The initial board 4-11 of directors shall call and hold an election to confirm the 4-12 establishment of the district. 4-13 (b) Section 41.001(a), Election Code, does not apply to a 4-14 confirmation election held as provided by this section. 4-15 (c) Except as provided by this section, a confirmation 4-16 election must be conducted as provided by Sections 36.017(b) 4-17 through (h), Water Code, and the Election Code. 4-18 (d) If the majority of qualified voters in a county who vote 4-19 in the election vote to confirm the creation of the district, that 4-20 county is included in the district. If the majority of qualified 4-21 voters in a county who vote in the election vote not to confirm the 4-22 creation of the district, that county is excluded from the 4-23 district. 4-24 SECTION 11. DISTRICT REVENUES. The board of directors may 4-25 impose taxes annually to pay the maintenance and operating expenses 4-26 of the district at a rate not to exceed five cents on each $100 of 5-1 assessed valuation. 5-2 SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 5-3 (a) The proper and legal notice of the intention to introduce this 5-4 Act, setting forth the general substance of this Act, has been 5-5 published as provided by law, and the notice and a copy of this Act 5-6 have been furnished to all persons, agencies, officials, or 5-7 entities to which they are required to be furnished by the 5-8 constitution and other laws of this state, including the governor, 5-9 who has submitted the notice and Act to the Texas Natural Resource 5-10 Conservation Commission. 5-11 (b) The Texas Natural Resource Conservation Commission has 5-12 filed its recommendations relating to this Act with the governor, 5-13 lieutenant governor, and speaker of the house of representatives 5-14 within the required time. 5-15 (c) All requirements of the constitution and laws of this 5-16 state and the rules and procedures of the legislature with respect 5-17 to the notice, introduction, and passage of this Act are fulfilled 5-18 and accomplished. 5-19 SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act 5-20 takes effect September 1, 2001. 5-21 (b) If the creation of the district is not confirmed at a 5-22 confirmation election held under Section 10 of this Act before 5-23 September 1, 2003, this Act expires on that date.