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.