Olcott Bill Hands Mineral Wells The District’s Water Plant

The text as introduced · 1,315 words

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.