Texas 2011 - 82nd Regular

Texas Senate Bill SB956 Compare Versions

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1	1	By: Seliger S.B. No. 956
2	2	(In the Senate - Filed February 25, 2011; March 8, 2011,
3	3	read first time and referred to Committee on Natural Resources;
4	4	April 26, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 7, Nays 0; April 26, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 956 By: Seliger
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the creation of the Northern Dallam County Groundwater
13	13	Conservation District; providing authority to impose a tax and
14	14	issue bonds.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle H, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 8853 to read as follows:
18	18	CHAPTER 8853. NORTHERN DALLAM COUNTY GROUNDWATER
19	19	CONSERVATION DISTRICT
20	20	SUBCHAPTER A. GENERAL PROVISIONS
21	21	Sec. 8853.001. DEFINITIONS. In this chapter:
22	22	(1) "Board" means the board of directors of the
23	23	district.
24	24	(2) "Director" means a board member.
25	25	(3) "District" means the Northern Dallam County
26	26	Groundwater Conservation District.
27	27	Sec. 8853.002. NATURE OF DISTRICT. The district is a
28	28	groundwater conservation district created under and essential to
29	29	accomplish the purposes of Section 59, Article XVI, Texas
30	30	Constitution.
31	31	Sec. 8853.003. LEGISLATIVE FINDINGS. (a) The district is
32	32	created to serve a public use and benefit.
33	33	(b) All land and other property in the district will benefit
34	34	from the works and projects that are to be accomplished by the
35	35	district under this chapter.
36	36	(c) Any fees imposed by the district are necessary to pay
37	37	for the costs of accomplishing district purposes, including the
38	38	conservation and management of groundwater resources, as provided
39	39	by this chapter and Section 59, Article XVI, Texas Constitution.
40	40	Sec. 8853.004. INITIAL DISTRICT TERRITORY. (a) The
41	41	district is initially composed of the territory described by
42	42	Section 2 of the Act enacting this chapter, except that the
43	43	territory does not include any territory that was added to the North
44	44	Plains Groundwater Conservation District before the effective date
45	45	of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8853.005-8853.020 reserved for expansion]
57	57	SUBCHAPTER A-1. TEMPORARY PROVISIONS
58	58	Sec. 8853.021. APPOINTMENT OF TEMPORARY DIRECTORS.
59	59	(a) Not later than the 30th day after the effective date of this
60	60	chapter, the Dallam County Commissioners Court shall appoint six
61	61	temporary directors to represent the district at large.
62	62	(b) To be eligible to serve as a temporary director, a
63	63	person must be a registered voter in Dallam County.
64	64	(c) Temporary directors serve until the date initial
65	65	directors are elected under Section 8853.023.
66	66	Sec. 8853.022. ORGANIZATIONAL MEETING OF TEMPORARY
67	67	DIRECTORS. As soon as practicable after all the temporary
68	68	directors have qualified under Section 36.055, Water Code, a
69	69	majority of the temporary directors shall convene the
70	70	organizational meeting of the district at a location in the
71	71	district agreeable to a majority of the directors. If an agreement
72	72	on location cannot be reached, the organizational meeting shall be
73	73	at the Dallam County Courthouse.
74	74	Sec. 8853.023. INITIAL DIRECTORS' ELECTION. (a) The
75	75	temporary directors shall hold an election to elect the initial
76	76	directors of the district.
77	77	(b) The temporary directors shall have placed on the ballot
78	78	the names of all candidates for an initial director's position who
79	79	have filed an application for a place on the ballot as provided by
80	80	Section 52.003, Election Code.
81	81	(c) Section 41.001(a), Election Code, does not apply to an
82	82	election held under this section.
83	83	(d) Except as provided by this section, an election under
84	84	this section must be conducted as provided by Sections
85	85	36.017(b)-(i), Water Code, and the Election Code. The provision of
86	86	Section 36.017(d), Water Code, relating to the election of
87	87	permanent directors does not apply to an election under this
88	88	section.
89	89	Sec. 8853.024. INITIAL DIRECTORS. (a) The six initial
90	90	directors of the district serve on the board until permanent
91	91	directors are elected under Section 8853.055. The six initial
92	92	directors shall be elected from the district at large.
93	93	(b) The six initial directors shall draw lots to determine
94	94	which three directors serve a term expiring June 1 following the
95	95	first regularly scheduled election of directors under Section
96	96	8853.055 and which three directors serve a term expiring June 1
97	97	following the second regularly scheduled election of directors.
98	98	Sec. 8853.025. EXPIRATION OF SUBCHAPTER. This subchapter
99	99	expires September 1, 2012.
100	100	[Sections 8853.026-8853.050 reserved for expansion]
101	101	SUBCHAPTER B. BOARD OF DIRECTORS
102	102	Sec. 8853.051. DIRECTORS; TERMS. (a) The district is
103	103	governed by a board of six directors.
104	104	(b) Directors serve staggered four-year terms, with two or
105	105	three directors' terms expiring June 1 of each even-numbered year.
106	106	(c) A director may serve not more than two consecutive
107	107	terms. A director may serve a third or subsequent term if the
108	108	director has not served in the preceding four years.
109	109	Sec. 8853.052. METHOD OF ELECTING DIRECTORS. The directors
110	110	of the district are elected as follows:
111	111	(1) three directors from Area A, as described by
112	112	Section 2 of the Act enacting this chapter; and
113	113	(2) three directors from Areas B and C, as described by
114	114	Section 2 of the Act enacting this chapter.
115	115	Sec. 8853.053. ADDITIONAL ELIGIBILITY TO VOTE FOR PROPERTY
116	116	OWNERS. A person who owns property in the district is not required
117	117	to reside in the territory of the district as required by Section
118	118	11.001(a)(2), Election Code, to be eligible to vote in a district
119	119	election.
120	120	Sec. 8853.054. DIRECTOR ELIGIBILITY; QUALIFICATION.
121	121	(a) To be eligible to serve as a director a person must be:
122	122	(1) a registered voter; or
123	123	(2) a property owner in the area described by Section 2
124	124	of the Act enacting this chapter that the person seeks to represent.
125	125	(b) Each director must qualify to serve in the manner
126	126	provided by Section 36.055, Water Code.
127	127	Sec. 8853.055. ELECTION DATE. The district shall hold an
128	128	election to elect the appropriate number of directors on the
129	129	uniform election date prescribed by Section 41.001, Election Code,
130	130	in May of each even-numbered year.
131	131	Sec. 8853.056. VACANCIES. If a vacancy occurs on the board,
132	132	the Commissioners Court of Dallam County shall appoint a person who
133	133	is qualified under Section 8853.054 to fill the vacancy for the
134	134	unexpired term.
135	135	Sec. 8853.057. COMPENSATION. (a) Sections 36.060(a),
136	136	(b), and (d), Water Code, do not apply to the district.
137	137	(b) A director is entitled to receive compensation of not
138	138	more than $50 a day for each day the director performs the duties of
139	139	a director. The compensation may not exceed $3,000 a year.
140	140	(c) A director is entitled to receive reimbursement for the
141	141	director's reasonable expenses incurred while engaging in
142	142	activities on behalf of the district.
143	143	[Sections 8853.058-8853.100 reserved for expansion]
144	144	SUBCHAPTER C. POWERS AND DUTIES
145	145	Sec. 8853.101. GROUNDWATER CONSERVATION DISTRICT POWERS
146	146	AND DUTIES. Except as otherwise provided by this chapter, the
147	147	district has the powers and duties provided by the general law of
148	148	this state, including Chapter 36, Water Code, applicable to
149	149	groundwater conservation districts created under Section 59,
150	150	Article XVI, Texas Constitution.
151	151	Sec. 8853.102. APPLICABILITY OF DISTRICT RULES REGULATING
152	152	GROUNDWATER. District rules regulating groundwater adopted under
153	153	this chapter apply to all persons except as exempted under Section
154	154	36.117, Water Code, or this chapter.
155	155	Sec. 8853.103. CONTRACTS. The district may contract with
156	156	any person, public or private, for any district purpose.
157	157	Sec. 8853.104. REGISTRATION AND REPORTING REQUIREMENTS FOR
158	158	CERTAIN EXEMPT WELLS. The district may adopt rules that require the
159	159	owner or operator of a well or class of wells exempt from permitting
160	160	under Section 36.117, Water Code, to register the well with the
161	161	district and, except for a well exempt from permitting under
162	162	Section 36.117(b)(1), to report groundwater withdrawals from the
163	163	well using reasonable and appropriate reporting methods and
164	164	frequency.
165	165	Sec. 8853.105. PROHIBITION ON DISTRICT PURCHASE, SALE,
166	166	TRANSPORT, OR DISTRIBUTION OF WATER. The district may not
167	167	purchase, sell, transport, or distribute surface water or
168	168	groundwater for any purpose.
169	169	Sec. 8853.106. NO EMINENT DOMAIN POWER. The district may
170	170	not exercise the power of eminent domain.
171	171	Sec. 8853.107. ENFORCEMENT. (a) The district may enforce
172	172	this chapter as provided by Chapter 36, Water Code, and this
173	173	section.
174	174	(b) In addition to or instead of a remedy under Chapter 36,
175	175	the district may impose an additional fee under Section 8853.151 on
176	176	a person producing groundwater in violation of a district rule or
177	177	order, including the failure or refusal to comply with a rule or
178	178	order to reduce or cease groundwater usage.
179	179	(c) The fee imposed may not exceed an amount equal to 10
180	180	times the amount of a fee imposed under Section 8853.151.
181	181	[Sections 8853.108-8853.150 reserved for expansion]
182	182	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
183	183	Sec. 8853.151. FEES. (a) The board by rule may impose
184	184	reasonable fees on each well:
185	185	(1) for which a permit is issued by the district; and
186	186	(2) that is not exempt from district regulation.
187	187	(b) A production fee may be based on:
188	188	(1) the size of column pipe used by the well; or
189	189	(2) the amount of water actually withdrawn from the
190	190	well, or the amount authorized or anticipated to be withdrawn.
191	191	(c) The board shall base the initial production fee on the
192	192	criteria listed in Subsection (b)(2). The initial production fee:
193	193	(1) may not exceed:
194	194	(A) $1 per acre-foot for water used for
195	195	agricultural irrigation; or
196	196	(B) 4.25 cents per thousand gallons for water
197	197	used for any other purpose; and
198	198	(2) may be increased at a cumulative rate not to exceed
199	199	three percent per year.
200	200	(d) In addition to the production fee authorized under this
201	201	section, the district may assess an export fee on groundwater from a
202	202	well that is produced for transport outside the district.
203	203	(e) Fees authorized by this section may be:
204	204	(1) assessed annually;
205	205	(2) used to pay the cost of district operations; and
206	206	(3) used for any other purpose allowed under Chapter
207	207	36, Water Code.
208	208	Sec. 8853.152. BOND DEBT LIMIT. The total debt created by
209	209	the issuance of bonds and notes by the district under Subchapter F,
210	210	Chapter 36, Water Code, may not exceed $500,000 at any time.
211	211	[Sections 8853.153-8853.200 reserved for expansion]
212	212	SUBCHAPTER E. LANDOWNER OPTION TO JOIN DISTRICT
213	213	Sec. 8853.201. APPLICABILITY OF SUBCHAPTER. This
214	214	subchapter applies to a landowner who owns land that includes a
215	215	portion of the boundary between the North Plains Groundwater
216	216	Conservation District and the district.
217	217	Sec. 8853.202. PETITION. (a) Not later than the first
218	218	anniversary of the effective date of the Act creating this chapter,
219	219	a landowner may petition the Texas Commission on Environmental
220	220	Quality to remove the land from the North Plains Groundwater
221	221	Conservation District and add the land to the district.
222	222	(b) The Texas Commission on Environmental Quality shall
223	223	grant the petition.
224	224	Sec. 8853.203. EXPIRATION OF SUBCHAPTER. This subchapter
225	225	expires on the first anniversary of the effective date of the Act
226	226	creating this chapter.
227	227	SECTION 2. Except as provided by Subchapter E, Chapter
228	228	8853, Special District Local Laws Code, as added by this Act, the
229	229	Northern Dallam County Groundwater Conservation District initially
230	230	includes all the territory contained in the following area:
231	231	AREA A
232	232	Beginning at the northwest corner of Dallam County, Texas,
233	233	which point is also the northwest corner of the Panhandle, State of
234	234	Texas, and a point in the east boundary line of the State of New
235	235	Mexico;
236	236	Thence eastward along the north boundary line of Dallam
237	237	county, Texas, and the south boundary line of Cimarron County,
238	238	Oklahoma, to a point on said boundary line which is the northeast
239	239	corner of Section 2, Block No. 17,C. S. S. Survey;
240	240	Thence south along the east section line Sections 2, 5 and 20,
241	241	to a point in the southeast corner of Section 20, Block No. 17, C. S.
242	242	S. Survey;
243	243	Thence west along the south section line of Sections 20 and
244	244	21, to the southwest corner of Section 21, Block No. 17, C. S. S.
245	245	Survey, continuing west on the south section lines of Sections 18,
246	246	17, 16, 15, 14 and 13, of Block No. 1, F.D.W. Subdivision;
247	247	Thence north approximately 0.8 miles along the east section
248	248	line of Fractional Sections 27 B and 27, to a point in Fractional
249	249	Section 27, of the M. E. Hays Subdivision;
250	250	Thence west to a point on the east section line of Section 25
251	251	approximately 0.8 miles north of the southeast corner of Section
252	252	25, M. E. Hays Subdivision;
253	253	Thence south along the east section line of Section 25, to the
254	254	southeast corner of section 25, of the M.E. Hays Subdivision;
255	255	Thence west along the south section line of Section 25, to the
256	256	southwest corner of Section 25 of the M.E. Hays Subdivision;
257	257	Thence south along the east section line of Section 33, to the
258	258	southeast corner of Section 33 of the M.E. Hay Subdivision;
259	259	Thence west along the south section line of Section 33 to the
260	260	southeast corner of Section 32 all in the M.E. Hays;
261	261	Thence south along the east section line of Sections 41, 50,
262	262	59, 68, 75, 82, 88 and Fractional Section 93, to the southeast
263	263	corner of Fractional Section 93, all in the M. E. Hays Subdivision,
264	264	said line being also the north boundary line of the Block No. 7 C. S.
265	265	S. Survey;
266	266	Thence east along the boundary line of the M. E. Hays
267	267	Subdivision and Block No. 7, C. S. S. Survey, to the northeast
268	268	corner of Section 79, which point is also the northwest corner of
269	269	Section 80, both sections being in Block No.7, C. S. S. Survey;
270	270	Thence south along the east section line of Section 79 to the
271	271	southeast corner of the Section 79 of Block No. 7, C. S. S. Survey;
272	272	Thence east along the north section line of Section 62 to the
273	273	northeast corner of Section 62, of Block No. 7, C. S. S. Survey;
274	274	Thence south along the east section line of Section 62, to the
275	275	southwest corner of Section 60, Block No. 7, C. S. S. Survey;
276	276	Thence northwest along the east section line of Section 59
277	277	and 58, to the northeast corner of Section 58, all in Block No. 7, C.
278	278	S. S. Survey;
279	279	Thence west along the north section line of Sections 58, 57,
280	280	56, 55, 54, 53, 52, 51, to a point on the northwest corner of Section
281	281	51, all in Block No. 7, C. S. S. Survey;
282	282	Thence north along said state line to the northwest corner of
283	283	Dallam County, Texas, the point of the beginning of this survey.
284	284	AREA B
285	285	Beginning at the northeast corner of Section 13, Block 18, C.
286	286	S. S. Survey which point is also the most southerly west corner of
287	287	Section 16, Block M-27, T. C. R.R. Co Survey;
288	288	Thence west along the north section line of Sections 13, 12,
289	289	11, 10, 9, 8 and 7 to the northwest corner of Section 7, all in Block
290	290	18, C. S. S. Survey;
291	291	Thence south along the west section line of Sections 7 and 20,
292	292	to the southwest corner of Section 20 all in Block 18, C. S. S.
293	293	Survey;
294	294	Thence east along the south section line of Sections 20 and 19
295	295	to the southeast corner of Section 19, all in Block 18, C. S. S.
296	296	Survey;
297	297	Thence south along the west section line of Section 35, to the
298	298	northeast corner of Section 35, of Block 18, C. S. S. Survey;
299	299	Thence west along the north section line of Sections 45 and
300	300	46, to the northwest corner of Section 46, of Block 18, C. S. S.
301	301	Survey;
302	302	Thence south along the west section line of Section 46 to the
303	303	southwest corner of Section 46, of Block 18, C. S. S. Survey;
304	304	Thence east along the south section line of Sections 46, 45
305	305	and 44, to the southeast corner of Section 44, all in Block 18, C. S.
306	306	S. Survey;
307	307	Thence south along the west section line of Section 62, to the
308	308	southwest corner of Section 62, of Block 18, C. S. S. Survey,
309	309	Thence east along the south section line of Sections 62, 63
310	310	and Fractional Sections 64 and 65, to the southeast corner of
311	311	Fractional Section 65, all in Block 18, C. S. S. Survey;
312	312	Thence north along the boundary line of Block 18, C. S. S.
313	313	Survey and Block M-27, T. C. R.R. Co Survey, to the west section
314	314	line of Section 1, Block M-27, T. C. R.R. Co. Survey, said point
315	315	being the northeast corner Section 13 of Block 18, C. S. S. Survey,
316	316	the point of the beginning of this survey.
317	317	AREA C
318	318	Beginning at a point which is the southeast corner of Section
319	319	159, which point is also the northeast corner of Section 184 all in
320	320	Block No. 1-T, T. & N. O. RR. Co Survey;
321	321	Thence west along the south section line of Sections 159,
322	322	158, 157, 156 and 155 in Block No. 1-T, T. & N. O. RR. Co Survey, and
323	323	continuing west along the south section line of Sections 7 and 8 to
324	324	the southwest corner of Section 8, in Block No. 1, I. & G. N. RR. Co
325	325	Survey,
326	326	Thence north along the west section line of Section 8 to the
327	327	northwest corner of Section 8 in Block No. 1, I. & G. N. RR. Co
328	328	Survey;
329	329	Thence west along the south section line of Sections 94 and 93
330	330	to the southwest corner of Section 93 in Block No. 47 1/2, H. T. C.
331	331	RR. Co. Survey,
332	332	Thence north along the west section line of Section 93 to the
333	333	northwest corner of Section 93 in Block No. 47 1/2, H. & T. C. RR.
334	334	Co. Survey;
335	335	Thence west along the south section line of Sections 97 and 98
336	336	to the southwest corner of Section 98 in Block No. 47 1/2, H. & T. C.
337	337	RR. Co. Survey;
338	338	Thence north along the west section line of Section 98 to the
339	339	northwest corner of Section 98 in Block No. 47 1/2, H. & T. C. RR.
340	340	Co. Survey;
341	341	Thence west along the south section line of Sections 104 and
342	342	103 to the southwest corner of Section 103, which point is also the
343	343	northeast corner of section 101, all in Block No. 47 1/2, H. & T. C.
344	344	RR. Co. Survey
345	345	Thence south along the east section line of sections 101, 88,
346	346	87, 74, 63, 50, 39, 25, 16 and 5 of Block No. 47 1/2, H. & T. C. RR.
347	347	Co. Survey and continuing south along the east section line of
348	348	sections 1, 8, and 9 of Block 1, B. S. & F. Survey to the southeast
349	349	corner of section 9, Block 1, B. S. & F. Survey;
350	350	Thence west along the south section line of section 9 and
351	351	continuing west along the south section line of sections 21, 20, and
352	352	19, to the southwest corner of section 19, all in Block 1, Brooks &
353	353	Burleson Survey;
354	354	Thence north along the west section line of section 19 to the
355	355	northwest corner of section 19 all in the Block 1, Brooks & Burleson
356	356	Survey;
357	357	Thence west along the south section line of sections 13 and 14
358	358	to the southwest corner of section 14 all in Block 1, Brooks &
359	359	Burleson Survey;
360	360	Thence north along the west section line of section 14 to the
361	361	northwest corner of section 14 of Block 1, Brooks & Burleson Survey;
362	362	Thence west along the south section line of section 1 to the
363	363	southwest corner of section 1 of Block 1, Brooks & Burleson Survey;
364	364	Thence south along the east section line of sections 3, 15, 28
365	365	and 29 to the southeast corner of section 29 all in Block 1, Brooks &
366	366	Burleson Survey;
367	367	Thence west along the south section line of section 29 of
368	368	Block 1, Brooks & Burleson Survey and along the south line of D B
369	369	Hill Survey, to the northeast corner of section 31 of Block 1, C. S.
370	370	S. Survey;
371	371	Thence south along the east section line of section 31 to the
372	372	southeast corner of section 31 of Block 1, C. S. S. Survey;
373	373	Thence east along the north section line of section 25 to the
374	374	northeast corner of section 25 of Block 1, C. S. S. Survey;
375	375	Thence south along the east section line of section 25 to the
376	376	southeast corner of section 25 of Block 1, C. S. S. Survey;
377	377	Thence east along the north section line of sections 21 and 22
378	378	of Block 1, C. S. S. Survey and continuing east along the north
379	379	section line of Section 7 of Block Z, O K Mapes Survey and
380	380	continuing east along the north section line of sections 47, 46, 45
381	381	and 44 of Block 1, Brooks & Burleson Survey to the northeast corner
382	382	of section 44 of Block 1, Brooks & Burleson Survey;
383	383	Thence north along the west section line of section 19 to the
384	384	northwest corner of section 19 of Block 1. B. S. & F. Survey;
385	385	Thence east along the north section line of sections 19 and 20
386	386	of Block 1, B. S. & F. Survey and continuing east along the north
387	387	section line of sections 6, 5 and 4 of Block SUB, W. H. Pardue Survey
388	388	also being a common point with the northwest corner of Section 7 of
389	389	Block 1 A, C. T. R. R. Survey;
390	390	Thence south along the west section line of Sections 7 and 6
391	391	to the southwest corner of Section 6 of block 1 A, C. T. R. R.
392	392	Survey;
393	393	Thence east along the south section line of section 6 to the
394	394	southeast corner of Section 6 of Block 1 A, C. T. R. R. Survey;
395	395	Thence south along the west section line of Sections 4, and 1
396	396	of Block 1, A, C. T. R. R. Survey and continuing south along the west
397	397	section line of Section 1A, J. A. Ritchey Survey to the southwest
398	398	corner of section 1A, J. A. Ritchey Survey;
399	399	Thence east along the south section line of Section 1A, J. A.
400	400	Ritchey Survey and continuing east along the south line of Section 2
401	401	of the S. Clark Survey to the southeast corner of Section 2 of the S.
402	402	Clark Survey;
403	403	Thence north along the east section line of Section 2, S.
404	404	Clark Survey to a point this line intersects with the south section
405	405	line of section 1 of Block 7T, T. N. O. R. R. Survey;
406	406	Thence east along the south section line of Section 1 to the
407	407	southeast corner of Section 1 of Block 7T, T. N. O. R. R. Survey;
408	408	Thence north along the east section line of Section 1, 4, 5
409	409	and 8 to the northeast corner of Section 8 of Block 7T, T. N. O. R.
410	410	R. Survey, also being a common point with the northwest corner of
411	411	Section 393 of Block 1T, T. & N. O. R. R. Survey;
412	412	Thence east along the north section line of Sections 393,
413	413	394, 395, 396 and 397 of Block 1T, T. & N. O. R. R. Survey until this
414	414	line intersects with the common section of Dallam County and
415	415	Sherman County in Texas;
416	416	Thence north along the east boundary of Dallam County which
417	417	line is also the west boundary of Sherman County to a point which is
418	418	the southeast corner of Section 159, in Block No. 1-T, T. & N. O. RR.
419	419	Co Survey, the point of the beginning of this survey.
420	420	SECTION 3. As soon as practicable, the North Plains
421	421	Groundwater Conservation District shall submit a metes and bounds
422	422	description of the territory described by Section 2 of this Act that
423	423	has been added to the North Plains Groundwater Conservation
424	424	District before the effective date of this Act to the:
425	425	(1) Northern Dallam County Groundwater Conservation
426	426	District; and
427	427	(2) Texas Commission on Environmental Quality.
428	428	SECTION 4. (a) The legal notice of the intention to
429	429	introduce this Act, setting forth the general substance of this
430	430	Act, has been published as provided by law, and the notice and a
431	431	copy of this Act have been furnished to all persons, agencies,
432	432	officials, or entities to which they are required to be furnished
433	433	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
434	434	Government Code.
435	435	(b) The governor has submitted the notice and Act to the
436	436	Texas Commission on Environmental Quality.
437	437	(c) The Texas Commission on Environmental Quality has filed
438	438	its recommendations relating to this Act with the governor,
439	439	lieutenant governor, and speaker of the house of representatives
440	440	within the required time.
441	441	(d) All requirements of the constitution and laws of this
442	442	state and the rules and procedures of the legislature with respect
443	443	to the notice, introduction, and passage of this Act are fulfilled
444	444	and accomplished.
445	445	SECTION 5. This Act takes effect immediately if it receives
446	446	a vote of two-thirds of all the members elected to each house, as
447	447	provided by Section 39, Article III, Texas Constitution. If this
448	448	Act does not receive the vote necessary for immediate effect, this
449	449	Act takes effect September 1, 2011.
450	450	* * * * *