By: Duncan S.B. No. 1950

A BILL TO BE ENTITLED

AN ACT

relating to the name, governing body, and boundaries of the Tri-County Groundwater Conservation District.

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

SECTION 1. Subsection (a), Section 1, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows:

(a) The following groundwater conservation districts are created:

(1) Cow Creek Groundwater Conservation District;

(2) Brazos Valley Groundwater Conservation District;

(3) Crossroads Groundwater Conservation District;

(4) Hays Trinity Groundwater Conservation District;

(5) Lone Wolf Groundwater Conservation District;

(6) Lost Pines Groundwater Conservation District;

(7) McMullen Groundwater Conservation District;

(8) Middle Pecos Groundwater Conservation District;

(9) Red Sands Groundwater Conservation District;

(10) Refugio Groundwater Conservation District;

(11) Southeast Trinity Groundwater Conservation District; and

(12) Texana Groundwater Conservation District[; and

[(13) Tri-County Groundwater Conservation District].

SECTION 2. Subsection (a), Section 2, Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999, is amended to read as follows:

(a) The boundaries of the following groundwater conservation districts are coextensive with county boundaries as follows:

(1) the boundaries of the Cow Creek Groundwater Conservation District are coextensive with the boundaries of Kendall County;

(2) the boundaries of the Brazos Valley Groundwater Conservation District are coextensive with the boundaries of Robertson and Brazos Counties;

(3) the boundaries of the Crossroads Groundwater Conservation District are coextensive with the boundaries of Victoria County;

(4) the boundaries of the Lone Wolf Groundwater Conservation District are coextensive with the boundaries of Mitchell County;

(5) the boundaries of the Lost Pines Groundwater Conservation District are coextensive with the boundaries of Bastrop and Lee Counties, but if the voters of only one county confirm the creation of the district under Section 10 of this Act, the boundaries of the district are coextensive with the boundaries of that county;

(6) the boundaries of the McMullen Groundwater Conservation District are coextensive with the boundaries of McMullen County;

(7) the boundaries of the Middle Pecos Groundwater Conservation District are coextensive with the boundaries of Pecos County;

(8) the boundaries of the Refugio Groundwater Conservation District are coextensive with the boundaries of Refugio County; and

(9) the boundaries of the Texana Groundwater Conservation District are coextensive with the boundaries of Jackson County[; and

[(10) the boundaries of the Tri-County Groundwater Conservation District are coextensive with the boundaries of Foard, Hardeman, and Wilbarger Counties].

SECTION 3. Section 2, Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

Sec. 2. DEFINITION. In this Act, "district" means the Gateway [Tri-County] Groundwater Conservation District.

SECTION 4. Section 3, Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

Sec. 3. BOUNDARIES. (a) The boundaries of the district are coextensive with the boundaries of Foard and[,] Hardeman[, and Wilbarger] counties.

(b) The district may add territory to the district as provided by Chapter 36, Water Code.

SECTION 5. Subsection (a), Section 4, Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

(a) The district has all of the rights, powers, privileges, authority, functions, and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution. This Act prevails over any provision of general law that is in conflict or inconsistent with this Act[, including any provision of Chapter 1331, Acts of the 76th Legislature, Regular Session, 1999 (Senate Bill No. 1911)].

SECTION 6. Subsection (a), Section 5, Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

(a) The district is governed by a board of [six] directors in the manner provided by Section 36.051, Water Code.

SECTION 7. Subsection (a), Section 7, Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:

(a) The commissioners court of each county in the district shall appoint an equal number of [two] directors.

SECTION 8. Part 12, Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, and Section 1, Subsection (b), Section 4, Subsection (b), Section 5, Section 6, Subsections (b) and (c), Section 7, and Section 8, Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001, are repealed.

SECTION 9. The board of directors of the Gateway Groundwater Conservation District shall hold an election under Section 36.328, Water Code, to annex territory to the district. If a majority of voters in the territory to be annexed vote in favor of the proposition:

(1) the territory is annexed; and

(2) the commissioners court of each county added to the district by the annexation shall appoint the appropriate number of directors, in accordance with Subsection (a), Section 7, Chapter 1352, Acts of the 77th Legislature, Regular Session, 2001.

SECTION 10. (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, one of the required recipients, 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, the lieutenant governor, and the 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 11. 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.