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.