By:  Staples                                                      S.B. No. 1604
	(In the Senate - Filed March 11, 2005; March 23, 2005, read 
first time and referred to Committee on Natural Resources; 
April 11, 2005, reported favorably by the following vote:  Yeas 11, 
Nays 0; April 11, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the administration, powers, duties, and operations of 
the Neches and Trinity Valleys Groundwater Conservation District.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 5, Chapter 1387, Acts of the 77th 
Legislature, Regular Session, 2001, is amended by adding Subsection 
(g) to read as follows:
	(g)  The district may not assess a fee of any type on a well 
if the well's production is used only for agriculture purposes 
within the district.
	SECTION 2.  Section 6, Chapter 1387, Acts of the 77th 
Legislature, Regular Session, 2001, is amended to read as follows:
	Sec. 6.  BOARD OF DIRECTORS.                                                   
	(a)  The district is governed by a board of directors 
appointed as provided by Section 7 of this Act.
	(b)  Each director shall serve at the pleasure of the 
political subdivision by which the appointment was made.
	(c)  Except for the initial term, all directors appointed by 
the county commissioners court in each county in the district serve 
four-year terms.  The director appointed jointly under Subsection 
(b), Section 7 of this Act, serves a two-year term.  The terms of 
four initial directors will expire at the end of the calendar year 
two years after the effective date of this Act and the terms of 
three initial directors will expire at the end of the calendar year 
four years after the effective date of this Act.
	(d) [(c)]  Subject to Subsection (c) [(b)] of this section, 
the initial directors appointed by the county commissioners court 
in each county shall draw lots to determine one initial director 
from each county who shall serve a two-year term.  The other initial 
directors shall serve terms of four years.
	(e) [(d)]  Each director must qualify to serve as a director 
in the manner provided by Section 36.055, Water Code.
	(f) [(e)]  A director serves until the director's successor 
has qualified.
	(g) [(f)]  Directors may serve consecutive terms.      
	(h) [(g)]  If there is a vacancy on the board of directors, 
the governing body of the entity that appointed the director who 
vacated the office shall appoint a director to serve the remainder 
of the term.
	(i) [(h)]  Directors are not entitled to receive 
compensation for serving as a director but may be reimbursed for 
actual, reasonable expenses incurred in the discharge of official 
duties.
	(j) [(i)]  A majority vote of a quorum is required for board 
action.  If there is a tie vote, the proposed action fails.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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