HB 5700

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
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
(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
(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
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
(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
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
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,
(b)  The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
(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
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.