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.