By: Fraser  S.B. No. 1209
         (In the Senate - Filed February 27, 2009; March 13, 2009,
  read first time and referred to Committee on Natural Resources;
  March 30, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0; March 30, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1209 By:  Jackson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the Middle Trinity Groundwater Conservation District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2, Chapter 1362, Acts of the 77th
  Legislature, Regular Session, 2001, is amended to read as follows:
         Sec. 2.  DEFINITIONS [DEFINITION]. In this Act:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District"[, "district"] means the Middle Trinity
  Groundwater Conservation District.
         SECTION 2.  Section 6, Chapter 1362, Acts of the 77th
  Legislature, Regular Session, 2001, is amended by amending
  Subsection (a) and adding Subsection (g) to read as follows:
         (a)  Except as provided by Sections [Section] 10, 11A, and
  11B of this Act, the district is governed by a board of six
  directors.
         (g)  Section 36.051(a), Water Code, does not apply to the
  district.
         SECTION 3.  Section 9, Chapter 1362, Acts of the 77th
  Legislature, Regular Session, 2001, is amended by amending
  Subsection (a) and adding Subsection (c) to read as follows:
         (a)  Except as provided by Subsection (c) of this section and
  Sections [Section] 10 and 11B of this Act, three directors shall be
  elected from each county in the district.
         (c)  The board by resolution may change the number of
  directors elected from a county in the district for the purpose of
  equalizing representation of the residents of the district.
         SECTION 4.  Subsection (b), Section 11, Chapter 1362, Acts
  of the 77th Legislature, Regular Session, 2001, is amended to read
  as follows:
         (b)  Except as provided by Sections 11A and 11B of this Act,
  on [On] the uniform election date [first Saturday] in May of each
  even-numbered [subsequent second] year [following the election],
  the appropriate number of directors shall be elected.
         SECTION 5.  Chapter 1362, Acts of the 77th Legislature,
  Regular Session, 2001, is amended by adding Section 11A to read as
  follows:
         Sec. 11A.  COMPOSITION OF BOARD AND ELECTION OF DIRECTORS
  FOLLOWING ANNEXATION OF ONE OR TWO COUNTIES. (a)  This section
  applies only following the annexation by the district under
  Subchapter J, Chapter 36, Water Code, after January 1, 2009, of the
  territory of one or two additional counties.
         (b)  Not later than the 90th day after the date of an election
  in which the annexation of a county to the district is ratified by a
  majority vote of the voters of that county, the commissioners court
  of the annexed county shall appoint three temporary directors to
  the board. Temporary directors serve until initial permanent
  directors are elected under Subsection (c) of this section.
         (c)  Initial permanent directors shall be elected from a
  county that is annexed by the district on the uniform election date
  in May of the first odd-numbered year following the election in
  which annexation of that county is ratified.  The initial permanent
  directors from the county shall draw lots to determine who will
  serve a four-year term and who will serve a two-year term.
         (d)  On the uniform election date in May of each odd-numbered
  year following the election of initial permanent directors under
  Subsection (c) of this section, the appropriate number of directors
  from a county that is annexed by the district shall be elected.
         SECTION 6.  Chapter 1362, Acts of the 77th Legislature,
  Regular Session, 2001, is amended by adding Section 11B to read as
  follows:
         Sec. 11B.  COMPOSITION OF BOARD AND ELECTION OF DIRECTORS
  FOLLOWING ANNEXATION OF MORE THAN TWO COUNTIES.  (a)  This section
  applies only following the annexation by the district under
  Subchapter J, Chapter 36, Water Code, after January 1, 2009, of the
  territory of a third additional county or the simultaneous or
  subsequent annexation of the territory of other additional
  counties.
         (b)  After annexation, two directors shall be elected from
  each county in the district as provided by this section.
         (c)  Not later than the 90th day after the date of an election
  in which the annexation of a county is ratified by a majority vote
  of the voters of that county, the commissioners court of each
  annexed county shall appoint two temporary directors to the board.
  Temporary directors serve until initial permanent directors are
  elected under Subsection (d) of this section.
         (d)  Initial permanent directors shall be elected from any
  county that is annexed by the district on the uniform election date
  in May of the first odd-numbered year following the election in
  which annexation of that county is ratified. The initial permanent
  directors from the county shall draw lots to determine who will
  serve a four-year term and who will serve a two-year term.
         (e)  On the date of the next regularly scheduled directors'
  election in an even-numbered year following the election in which
  annexation of a county is ratified:
               (1)  one director position from Comanche County and one
  director position from Erath County are abolished; and
               (2)  the terms of the directors serving in those
  positions expire on the date of the election.
         (f)  On the date of the next regularly scheduled directors' 
  election in an odd-numbered year following the election in which
  annexation of the county is ratified:
               (1)  one director position from each of the first two
  counties annexed by the district after January 1, 2009, is
  abolished; and
               (2)  the terms of the directors serving in those
  positions expire on the date of the election.
         (g)  If more than one position described by Subsection (e)(1)
  or (f)(1) of this section is scheduled for election in Comanche
  County, Erath County, or one of the first two counties annexed by
  the district after January 1, 2009, the directors of the county
  shall draw lots to determine which position shall be abolished in
  accordance with Subsections (e) and (f) of this section.
         (h)  On the uniform election date in May of each odd-numbered
  year following the election of initial permanent directors under
  Subsection (d) of this section, the appropriate number of directors
  from a county that is annexed by the district shall be elected.
         SECTION 7.  Chapter 1362, Acts of the 77th Legislature,
  Regular Session, 2001, is amended by adding Section 13 to read as
  follows:
         Sec. 13.  DISTRICT RULES; ENFORCEMENT.  (a)  Any rules
  adopted by the district as authorized by this Act and Chapter 36,
  Water Code, apply to all persons and entities except as exempted
  under Section 36.117, Water Code.
         (b)  The district may enforce its rules and the provisions of
  Chapter 36, Water Code, in the manner authorized by Chapter 36,
  Water Code.  In addition to the remedies under Section 36.102, Water
  Code, the district may impose a fee on a person or entity for
  violation of a rule of the district or failure to comply with an
  order issued by the district.
         SECTION 8.  (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 9.  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, 2009.
 
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