By Sibley                                             S.B. No. 1655
         77R5217 QS-D                           
                                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,
 2-1     Texas Constitution.  The district is created to serve a public use
 2-2     and benefit.
 2-3           SECTION 5. GENERAL POWERS. (a)  The district has all of the
 2-4     rights, powers, privileges, authority, functions, and duties
 2-5     provided by the general law of this state, including Chapter 36,
 2-6     Water Code, applicable to groundwater conservation districts
 2-7     created under Section 59, Article XVI, Texas Constitution.  This
 2-8     Act prevails over any provision of general law that is in conflict
 2-9     or inconsistent with this Act.
2-10           (b)  Notwithstanding Subsection (a), the following provisions
2-11     prevail over a conflicting or inconsistent provision of this Act:
2-12                 (1)  Sections 36.1071-36.108, Water Code;
2-13                 (2)  Sections 36.159-36.161, Water Code; and
2-14                 (3)  Subchapter I, Chapter 36, Water Code.
2-15           (c)  Chapter 49, Water Code, does not apply to the district.
2-16           SECTION 6. BOARD OF DIRECTORS. (a)  The district is governed
2-17     by a board of 16 directors.  Directors are appointed as provided by
2-18     Section 7 of this Act.
2-19           (b)  Initial directors serve until permanent directors are
2-20     appointed under Section 7 of this Act.
2-21           (c)  Permanent directors serve staggered four-year terms.
2-22           (d)  Each director must qualify to serve as director in the
2-23     manner provided by Section 36.055, Water Code.
2-24           (e)  A director serves until the director's successor has
2-25     qualified.
2-26           (f)  Directors may serve consecutive terms.
2-27           SECTION 7. APPOINTMENT OF DIRECTORS.  The commissioners court
 3-1     of each county in the district shall appoint two directors.
 3-2           SECTION 8. INITIAL DIRECTORS. (a)  The initial board of
 3-3     directors consists of:
 3-4                 (1)  Calvin Rueter and Truman Blum, from Bosque County;
 3-5                 (2)  Bryan Farmer and Cecil Barton, from Callahan
 3-6     County;
 3-7                 (3)  Jack Wall and Lyle Zoeller, from Coryell County;
 3-8                 (4)  Brad Stephenson and Ron Bailey, from Eastland
 3-9     County;
3-10                 (5)  Tab Thompson and John Moser, from Erath County;
3-11                 (6)  Walter Maynard and Jeff Mackey, from Somervell
3-12     County;
3-13                 (7)  Lance Wilkerson and John Robert Adcock, from
3-14     Comanche County; and
3-15                 (8)  Joe McGowen and Charlie Thomas, from Hamilton
3-16     County.
3-17           (b)  If an initial director fails to qualify for office, the
3-18     commissioners court that appointed the director shall appoint a
3-19     person to fill the vacancy.
3-20           SECTION 9. TERMS OF OFFICE OF INITIAL DIRECTORS. (a)  One
3-21     initial director from each county in the district shall serve a
3-22     term expiring December 31, 2003.
3-23           (b)  One initial director from each county in the district
3-24     shall serve a term expiring December 31, 2005.
3-25           (c)  The two initial directors from each county in the
3-26     district by lot shall determine which director serves the shorter
3-27     term provided by this section.
 4-1           SECTION 10. CONFIRMATION ELECTION. (a)  The initial board of
 4-2     directors shall call and hold an election to confirm the
 4-3     establishment of the district.
 4-4           (b)  Section 41.001(a), Election Code, does not apply to a
 4-5     confirmation election held as provided by this section.
 4-6           (c)  Except as provided by this section, a confirmation
 4-7     election must be conducted as provided by Sections 36.017(b)-(h),
 4-8     Water Code, and the Election Code.
 4-9           SECTION 11. DISTRICT REVENUES.  The board may impose taxes
4-10     annually to pay the maintenance and operating expenses of the
4-11     district at a rate not to exceed five cents on each $100 of
4-12     assessed valuation.
4-13           SECTION 12. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
4-14     The proper and legal notice of the intention to introduce this Act,
4-15     setting forth the general substance of this Act, has been published
4-16     as provided by law, and the notice and a copy of this Act have been
4-17     furnished to all persons, agencies, officials, or entities to which
4-18     they are required to be furnished by the constitution and other
4-19     laws of this state, including the governor, who has submitted the
4-20     notice and Act to the Texas Natural Resource Conservation
4-21     Commission.
4-22           (b)  The Texas Natural Resource Conservation Commission has
4-23     filed its recommendations relating to this Act with the governor,
4-24     lieutenant governor, and speaker of the house of representatives
4-25     within the required time.
4-26           (c)  All requirements of the constitution and laws of this
4-27     state and the rules and procedures of the legislature with respect
 5-1     to the notice, introduction, and passage of this Act are fulfilled
 5-2     and accomplished.
 5-3           SECTION 13. EFFECTIVE DATE; EXPIRATION DATE. (a)  This Act
 5-4     takes effect September 1, 2001.
 5-5           (b)  If the creation of the district is not confirmed at a
 5-6     confirmation election held under Section 10 of this Act before
 5-7     September 1, 2003, this Act expires on that date.