HB5700 - Relating to the board of directors, operations, and territory of the Palo Pinto County Municipal Water District No. 1.

  89R12034 JBD-F     By: Olcott H.B. No. 5700       A BILL TO BE ENTITLED   AN ACT   relating to the board of directors, operations, and territory of   the Palo Pinto County Municipal Water District No. 1.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 416, Acts of the 57th Legislature,   Regular Session, 1961, is amended by adding Section 2A to read as   follows:           Sec.   2A.     The Board of Directors shall order an election to   be held on the uniform election date in May 2026 in Palo Pinto   County on the question of the annexation to the District of all   territory in Palo Pinto County, except territory included in the   East Keechi Creek Water Control and Improvement District No.   1 or   the Jack County Water Control and Improvement District No.   1 on the   date of the election. The board shall hold the election in the   manner provided by Sections 6(e) through (i) of this Act.          SECTION 2.  Section 3, Chapter 416, Acts of the 57th   Legislature, Regular Session, 1961, is amended by amending   Subsections (a), (b), and (c) and adding Subsection (b-1) to read as   follows:          (a)   The District is governed by a board of five directors   elected from the district at large.   [ All powers of the District   shall be exercised by a Board of Directors, each member shall serve   for a term of two years except for the first directors appointed   initially pursuant to this Act.   Immediately following the   effective date of this Act the governing body of the City of Mineral   Wells shall appoint five members, two of whom shall serve for a term   ending on December 31 next following their appointment and three   shall serve until the 31st day of December of the year next   following their appointment. ]          (b)   Directors serve staggered two-year terms.   On the   uniform election date in May of each year, the Board of Directors   shall hold an election to elect two or three directors.   [ In   December following the effective date of this Act and in December of   each year   thereafter the governing body of the City of Mineral Wells   (hereinafter sometimes called the "city") shall appoint a director   or directors to succeed the director or directors whose term or   terms are about to expire.   Any vacancy shall be filled for an   unexpired term by the governing body of such city. ]           (b-1)     If a vacancy occurs in the office of a director with   more than one year remaining in the office's term starting from the   date the vacancy occurs, the board shall hold an election to elect a   director to fill the vacancy for the remainder of the unexpired term   on the next uniform election date that allows sufficient time to   comply with the requirements of other law. If a vacancy occurs in   the office of a director with one year or less remaining in the   office's term starting from the date the vacancy occurs, the board   is not required to hold an election to fill the vacancy before the   next regularly scheduled election for other directors'   offices.   If   the number of directors is reduced to fewer than a majority, the   vacancies may be filled by appointment by the Texas Commission on   Environmental Quality.   An appointed director shall serve for the   unexpired term of the director he or she is replacing.          (c)  Each director shall serve for his or her  term of office   as herein provided, and thereafter until his or her  successor shall   be appointed or elected  and qualified.   To be eligible to be a   candidate for an elected position or to serve as an elected or   appointed director, a person must own taxable property in the   district and may not be an employee of or a member of the governing   body of the City of Mineral Wells.   [ No person shall be appointed a   director unless he resides in and owns taxable property in the   District.   No member of a governing body of the city, and no   employee of the city shall be appointed as director. ]  Such   directors shall subscribe the Constitutional oath of office, and   each shall give bond for the faithful performance of his or her     duties in the amount of Five Thousand Dollars ($5,000.00), the cost   of which shall be paid by the District.  A majority shall constitute   a quorum.  [ If any director moves from the District or otherwise   ceases to be a director, the governing body of the city shall   appoint a director to succeed him, for the unexpired term. ]          SECTION 3.  Chapter 416, Acts of the 57th Legislature,   Regular Session, 1961, is amended by adding Sections 18A and 18B to   read as follows:           Sec.   18A.     (a)   The District may not supply water at   wholesale to the City of Mineral Wells unless the water is purchased   by the city on a per-gallon rate.           (b)     The District shall amend the District's contracts as   necessary to comply with Subsection (a) of this section.           Sec.   18B.     (a) Not later than January 1, 2026, the District   shall transfer to the City of Mineral Wells all of the property   described by Subsection (d) of this section.           (b)     It is the intent of the legislature that the City of   Mineral Wells use the property transferred for a purpose that   benefits the public interest of the District.           (c)     All contracts, leases, and other obligations of the   District governing the property transferred as authorized by this   section in effect on the effective date of the transfer are   transferred to the City of Mineral Wells.           (d)     The District shall transfer to the City of Mineral Wells   all real and personal property owned by the District associated   with:                 (1)     the Hilltop Water Treatment Plant located at 6962   US-281, Mineral Wells, Texas, 76067; and                 (2)     the Brazos Pump Station located at 159 Water Plant   Road, Santo, Texas, 76472.          SECTION 4.  Section 3(d), Chapter 416, Acts of the 57th   Legislature, Regular Session, 1961, is repealed.          SECTION 5.  At the next uniform election date in May after   the effective date of this Act, the Palo Pinto County Municipal   Water District No. 1 shall hold an election to elect members to the   board of directors of the district as required by Section 3, Chapter   416, Acts of the 57th Legislature, Regular Session, 1961, as   amended by this Act.  The terms of the appointed members of the   board of directors of the district serving immediately before the   election expire on the date the newly elected members of the board   qualify to serve. The newly elected members of the board of   directors of the district shall draw lots to determine which two   directors serve one-year initial terms and which three directors   serve two-year initial terms.          SECTION 6.  (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 7.  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, 2025.