By: Duncan S.B. No. 610

(In the Senate - Filed February 13, 2007; April 24, 2007, read first time and referred to Committee on Natural Resources; May 3, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 3, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 610 By: Duncan

A BILL TO BE ENTITLED

AN ACT

relating to the boundaries, powers, and governance of the Salt Fork Water Quality District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 3, Chapter 1139, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows:

Sec. 3. BOUNDARIES. The territory [boundaries] of the district includes:

(1) all [are coextensive with the boundaries] of Stonewall and Kent Counties; and

(2) the parts of Scurry and Garza Counties that are in the watershed of the Brazos River or its tributaries [County].

SECTION 2. Subsection (c), Section 6, Chapter 1139, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows:

(c) In addition to the rights, privileges, powers, and duties provided by the general laws of this state, the [The] district may:

(1) purchase, construct, acquire, own, hold, lease, build, repair, improve, extend, reconstruct, maintain, and operate works, improvements, facilities, plants, equipment, and appliances incident, helpful, or necessary to accomplish the purposes described by this Act, inside the watershed of the Brazos River or its tributaries only, subject to city consent under Section 65.016, Water Code;

(2) enter into contracts, leases, and other agreements with, and accept grants, loans, and other assistance from, this state, political subdivisions of this state, and other entities;

(3) borrow money and issue and secure bonds and other evidences of indebtedness for the purposes described by this Act, if approved by resolution or order adopted by the board of directors of the district, as provided by Chapter 65, Water Code, or other applicable law; and

(4) sell salt, water, and other products on terms approved by the board of directors of the district.

SECTION 3. Section 7, Chapter 1139, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows:

Sec. 7. BOARD OF DIRECTORS. (a) The district is governed by a board of four [five] directors. The director for position one shall be appointed by the Commissioners Court of Stonewall County, the director for position two shall be appointed by the Commissioners Court of Kent County, the director for position three shall be appointed by the Commissioners Court of Scurry County, and the director for position four shall be appointed by the Commissioners Court of Garza County.

(b) To be eligible to serve as a director, a person must be a registered voter of the county that the commissioners court making the appointment represents [Three of the initial directors shall serve terms that expire on September 1, 2003. Two of the initial directors shall serve terms that expire on September 1, 2002].

(c) Directors serve two-year terms beginning on September 1 of odd-numbered years. The commissioners court may make an appointment on or after the 45th day before the date the term begins [At the expiration of a term, the commissioners court shall appoint a director to serve a term of two years]. If a vacancy occurs on the board of directors, the commissioners court that makes the appointment for that position under Subsection (a) of this section shall appoint a director to serve the remainder of that term.

(d) Each director must qualify to serve as director in the manner provided by Section 49.055, Water Code, except that a bond is not required.

(e) A director serves until the director's successor has qualified.

[(f) To be eligible to serve as a director, a person must be a registered voter in Stonewall County.]

SECTION 4. The Commissioners Courts of Stonewall, Kent, Scurry, and Garza Counties shall appoint initial directors under Section 7, Chapter 1139, Acts of the 76th Legislature, Regular Session, 1999, as amended by this Act, as soon as practicable after the effective date of this Act. Initial directors shall serve until September 1, 2009, or until a successor has been appointed and qualified.

SECTION 5. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 6. 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, 2007.

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