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79R3383 QS-F

By:  Hilderbran                                                   H.B. No. 1229



A BILL TO BE ENTITLED

AN ACT

relating to the powers, duties, and directors of the Menard County 
Underground Water District and the directors of the Menard County 
Water Control and Improvement District No. 1.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 180, Acts of the 72nd Legislature, 
Regular Session, 1991, is amended by amending Section 6 and adding 
Section 6A to read as follows:
	Sec. 6.  POWERS.  (a)  The district has all of the rights, 
powers, privileges, authority, functions, and duties provided by 
the general law of this state, including Chapters 36 [50] and 49
[52], Water Code, applicable to underground water conservation 
districts created under Article XVI, Section 59, of the Texas 
Constitution.  This Act prevails over any provision of general law 
that is in conflict or inconsistent with this Act.
	(b)  The rights, powers, privileges, authority, functions, 
and duties of the district are subject to the continuing right of 
supervision of the state to be exercised by and through the Texas 
[Water] Commission on Environmental Quality.
	Sec. 6A.  PERMIT FOR WELL.  The district may require a permit 
for a well used for domestic purposes or to provide water for 
livestock, poultry, or wildlife if the well is:
		(1)  on a tract of land smaller than 100 acres;                        
		(2)  less than 500 feet deep; and                                      
		(3)  drilled, completed, or equipped so that it is 
capable of producing more than 9,000 gallons of groundwater per 
day.
	SECTION 2.  Section 1A, Chapter 31, Acts of the 55th 
Legislature, 1st Called Session, 1957, is amended to read as 
follows:
	Sec. 1A.  The District is governed by a board of five 
directors composed of the persons who serve as directors of the 
Menard County Underground Water District.  A [Each] director of the 
Menard County Underground Water District who serves on the board of 
directors of the Menard County Water Control and Improvement 
District No. 1 does not violate the common-law doctrine of 
incompatibility [as an additional duty of his office as director of 
the underground water district].  A director is not entitled to 
compensation for service on either [the] board of directors but may 
be reimbursed as provided by board rules for expenses incurred in 
carrying out the business of the districts [District].
	SECTION 3.  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, 2005.