Texas 2009 - 81st Regular

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1	1	81R9313 SLB-F
2	2	By: Fraser S.B. No. 1209
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Middle Trinity Groundwater Conservation District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2, Chapter 1362, Acts of the 77th
10	10	Legislature, Regular Session, 2001, is amended to read as follows:
11	11	Sec. 2. DEFINITIONS [DEFINITION]. In this Act:
12	12	(1) "Board" means the district's board of directors.
13	13	(2) "Director" means a board member.
14	14	(3) "District"[, "district"] means the Middle Trinity
15	15	Groundwater Conservation District.
16	16	SECTION 2. Section 6, Chapter 1362, Acts of the 77th
17	17	Legislature, Regular Session, 2001, is amended by amending
18	18	Subsection (a) and adding Subsection (g) to read as follows:
19	19	(a) Except as provided by Sections [Section] 10, 11A, and
20	20	11B of this Act, the district is governed by a board of six
21	21	directors.
22	22	(g) Section 36.051(a), Water Code, does not apply to the
23	23	district.
24	24	SECTION 3. Section 9(a), Chapter 1362, Acts of the 77th
25	25	Legislature, Regular Session, 2001, is amended to read as follows:
26	26	(a) Except as provided by Sections [Section] 10 and 11B of
27	27	this Act, three directors shall be elected from each county in the
28	28	district.
29	29	SECTION 4. Section 11(b), Chapter 1362, Acts of the 77th
30	30	Legislature, Regular Session, 2001, is amended to read as follows:
31	31	(b) Except as provided by Sections 11A and 11B of this Act,
32	32	on [On] the uniform election date [first Saturday] in May of each
33	33	even-numbered [subsequent second] year [following the election],
34	34	the appropriate number of directors shall be elected.
35	35	SECTION 5. Chapter 1362, Acts of the 77th Legislature,
36	36	Regular Session, 2001, is amended by adding Section 11A to read as
37	37	follows:
38	38	Sec. 11A. COMPOSITION OF BOARD AND ELECTION OF DIRECTORS
39	39	FOLLOWING ANNEXATION OF ONE OR TWO COUNTIES. (a) This section
40	40	applies only following the annexation by the district under
41	41	Subchapter J, Chapter 36, Water Code, after January 1, 2009, of the
42	42	territory of one or two additional counties.
43	43	(b) Not later than the 90th day after the date of an election
44	44	in which the annexation of a county to the district is ratified by a
45	45	majority vote of the voters of that county, the commissioners court
46	46	of the annexed county shall appoint three temporary directors to
47	47	the board. Temporary directors serve until initial permanent
48	48	directors are elected under Subsection (c).
49	49	(c) Initial permanent directors shall be elected from a
50	50	county that is annexed by the district on the uniform election date
51	51	in May of the first odd-numbered year following the election in
52	52	which annexation of that county is ratified. The initial permanent
53	53	directors from the county shall draw lots to determine who will
54	54	serve a four-year term and who will serve a two-year term.
55	55	(d) On the uniform election date in May of each odd-numbered
56	56	year following the election of initial permanent directors under
57	57	Subsection (c), the appropriate number of directors from a county
58	58	that is annexed by the district shall be elected.
59	59	SECTION 6. Chapter 1362, Acts of the 77th Legislature,
60	60	Regular Session, 2001, is amended by adding Section 11B to read as
61	61	follows:
62	62	Sec. 11B. COMPOSITION OF BOARD AND ELECTION OF DIRECTORS
63	63	FOLLOWING ANNEXATION OF MORE THAN TWO COUNTIES. (a) This section
64	64	applies only following the annexation by the district under
65	65	Subchapter J, Chapter 36, Water Code, after January 1, 2009, of the
66	66	territory of a third additional county or the simultaneous or
67	67	subsequent annexation of the territory of other additional
68	68	counties.
69	69	(b) After annexation, two directors shall be elected from
70	70	each county in the district as provided by this section.
71	71	(c) Not later than the 90th day after the date of an election
72	72	in which the annexation of a county is ratified by a majority vote
73	73	of the voters of that county, the commissioners court of each
74	74	annexed county shall appoint two temporary directors to the board.
75	75	Temporary directors serve until initial permanent directors are
76	76	elected under Subsection (d).
77	77	(d) Initial permanent directors shall be elected from any
78	78	county that is annexed by the district on the uniform election date
79	79	in May of the first odd-numbered year following the election in
80	80	which annexation of that county is ratified. The initial permanent
81	81	directors from the county shall draw lots to determine who will
82	82	serve a four-year term and who will serve a two-year term.
83	83	(e) On the date of the next regularly scheduled directors'
84	84	election in an even-numbered year following the election in which
85	85	annexation of a county is ratified:
86	86	(1) one director position from Comanche County and one
87	87	director position from Erath County are abolished; and
88	88	(2) the terms of the directors serving in those
89	89	positions expire on the date of the election.
90	90	(f) On the date of the next regularly scheduled directors'
91	91	election in an odd-numbered year following the election in which
92	92	annexation of the county is ratified:
93	93	(1) one director position from each of the first two
94	94	counties annexed by the district after January 1, 2009, is
95	95	abolished; and
96	96	(2) the terms of the directors serving in those
97	97	positions expire on the date of the election.
98	98	(g) If more than one position described by Subsection (e)(1)
99	99	or (f)(1) is scheduled for election in Comanche County, Erath
100	100	County, or one of the first two counties annexed by the district
101	101	after January 1, 2009, the directors of the county shall draw lots
102	102	to determine which position shall be abolished in accordance with
103	103	Subsection (e).
104	104	(h) On the uniform election date in May of each odd-numbered
105	105	year following the election of initial permanent directors under
106	106	Subsection (d), the appropriate number of directors from a county
107	107	that is annexed by the district shall be elected.
108	108	SECTION 7. Chapter 1362, Acts of the 77th Legislature,
109	109	Regular Session, 2001, is amended by adding Section 13 to read as
110	110	follows:
111	111	Sec. 13. DISTRICT RULES; ENFORCEMENT. (a) Any rules
112	112	adopted by the district as authorized by this Act and Chapter 36,
113	113	Water Code, apply to all persons and entities except as exempted
114	114	under Section 36.117, Water Code.
115	115	(b) The district may enforce its rules and the provisions of
116	116	Chapter 36, Water Code, in the manner authorized by Chapter 36,
117	117	Water Code. In addition to the remedies under Section 36.102, Water
118	118	Code, the district may impose a fee on a person or entity for
119	119	violation of a rule of the district or failure to comply with an
120	120	order issued by the district.
121	121	SECTION 8. (a) The legal notice of the intention to
122	122	introduce this Act, setting forth the general substance of this
123	123	Act, has been published as provided by law, and the notice and a
124	124	copy of this Act have been furnished to all persons, agencies,
125	125	officials, or entities to which they are required to be furnished
126	126	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
127	127	Government Code.
128	128	(b) The governor, one of the required recipients, has
129	129	submitted the notice and Act to the Texas Commission on
130	130	Environmental Quality.
131	131	(c) The Texas Commission on Environmental Quality has filed
132	132	its recommendations relating to this Act with the governor, the
133	133	lieutenant governor, and the speaker of the house of
134	134	representatives within the required time.
135	135	(d) All requirements of the constitution and laws of this
136	136	state and the rules and procedures of the legislature with respect
137	137	to the notice, introduction, and passage of this Act are fulfilled
138	138	and accomplished.
139	139	SECTION 9. This Act takes effect immediately if it receives
140	140	a vote of two-thirds of all the members elected to each house, as
141	141	provided by Section 39, Article III, Texas Constitution. If this
142	142	Act does not receive the vote necessary for immediate effect, this
143	143	Act takes effect September 1, 2009.