By: Fraser S.B. No. 822
A BILL TO BE ENTITLED
AN ACT
relating to the validation of the creation and certain actions and
proceedings of the Middle Trinity Groundwater Conservation
District and to related conforming changes to the district's
enabling act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The creation of the Middle Trinity
Groundwater Conservation District under Chapter 1362, Acts of the
77th Legislature, Regular Session, 2001, composed of the territory
in Erath County is validated as of the date of the election held on
May 4, 2002, at which the voters of Erath County approved the
confirmation of the district and the levy of a maintenance tax by
the district. All acts and proceedings relating to the creation of
the district in Erath County, the levy of a maintenance tax in Erath
County for 2002, or the election of initial directors from Erath
County are validated as of the dates they occurred.
(b) The addition of the territory in Comanche County to the
Middle Trinity Groundwater Conservation District under Chapter
1362, Acts of the 77th Legislature, Regular Session, 2001, is
validated as of the date of the election held on November 5, 2002,
at which the voters of Comanche County approved the levy of a
maintenance tax for the district. All acts and proceedings
relating to the addition of that territory to the district, the levy
of a maintenance tax in Erath and Comanche counties for 2003, and
the election of initial directors from Comanche County are
validated as of the dates they occurred.
(c) A governmental act or proceeding of the Middle Trinity
Groundwater Conservation District occurring after an act or
proceeding validated by this Act may not be held invalid on the
ground that the prior act or proceeding, in the absence of this Act,
was invalid.
(d) The temporary board of directors established by Chapter
1362, Acts of the 77th Legislature, Regular Session, 2001, for the
Middle Trinity Groundwater Conservation District is abolished on
the effective date of this Act. Any proceedings of the temporary
board of directors pending on the effective date of this Act are
dismissed on that date. Any act of the temporary board of directors
that conflicts with the validation of the district as provided by
this section is void.
(e) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court of competent jurisdiction; or
(2) has been held invalid by a final judgment of a
court of competent jurisdiction.
SECTION 2. Subsection (a), Section 1, Chapter 1362, Acts of
the 77th Legislature, Regular Session, 2001, is amended to read as
follows:
(a) A groundwater conservation district, to be known as the
Middle Trinity Groundwater Conservation District, is created in
[Bosque, Callahan, Coryell, Eastland,] Erath and[, Somervell,]
Comanche[, and Hamilton] counties[, subject to a confirmation
election under Section 10 of this Act]. The district is a
governmental agency and a body politic and corporate.
SECTION 3. Section 3, Chapter 1362, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 3. BOUNDARIES. The boundaries of the district are
coextensive with the boundaries of [Bosque, Callahan, Coryell,
Eastland,] Erath and[, Somervell,] Comanche[, and Hamilton]
counties.
SECTION 4. Subsection (a), Section 6, Chapter 1362, Acts of
the 77th Legislature, Regular Session, 2001, is amended to read as
follows:
(a) Except as provided by Section 10 of this Act, the [The]
district is governed by a board of six [not fewer than five or more
than 16] directors.
SECTION 5. Subsection (a), Section 9, Chapter 1362, Acts of
the 77th Legislature, Regular Session, 2001, is amended to read as
follows:
(a) Except as provided by Section 10 of this Act, three
[Two] directors shall be elected from each county in the district
[as provided by this section].
SECTION 6. The heading to Section 10, Chapter 1362, Acts of
the 77th Legislature, Regular Session, 2001, is amended to read as
follows:
Sec. 10. [CONFIRMATION AND] INITIAL DIRECTORS [DIRECTORS'
ELECTION].
SECTION 7. Subsection (a), Section 10, Chapter 1362, Acts
of the 77th Legislature, Regular Session, 2001, is amended to read
as follows:
[(a)] The initial [temporary] board of directors is
composed of two directors elected from each county in the district
[shall call and hold an election in each county in the district to
confirm establishment of the district and to elect initial
directors to represent the county].
SECTION 8. Subsection (a), Section 11, Chapter 1362, Acts
of the 77th Legislature, Regular Session, 2001, is amended to read
as follows:
(a) On the first Saturday in May 2004 [of the first
even-numbered year after the year in which the district is
authorized to be created at a confirmation election], an election
shall be held in each county in the district for the election of
permanent directors. The initial permanent directors from each
county shall draw lots to determine which county will have two
initial permanent directors who serve four-year terms and one
initial permanent director who serves a two-year term and which
county will have two initial permanent directors who serve two-year
terms and one initial permanent director who serves a four-year
term. The initial permanent directors from [in] each
[participating] county shall draw lots to determine the length of
the term that each initial permanent director from that county will
serve [which permanent director from that county shall serve a
two-year term and which permanent director from that county shall
serve a four-year term].
SECTION 9. Sections 6(b), 7, 8, 9(c) and (d), 10(b) through
(e), and 14(b), Chapter 1362, Acts of the 77th Legislature, Regular
Session, 2001, are repealed.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.