By Hilderbran H.B. No. 461
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Blanco County Underground Water
1-4 Conservation District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Creation. (a) An underground water conservation
1-7 district, to be known as the Blanco County Underground Water
1-8 Conservation District, is created in Blanco County, subject to
1-9 approval at a confirmation election under Section 10 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 corporate.
1-12 (b) The district is created under and is essential to
1-13 accomplish the purposes of Article XVI, Section 59, of the Texas
1-14 Constitution.
1-15 SECTION 2. Definition. In this Act, "district" means the
1-16 Blanco County Underground Water Conservation District.
1-17 SECTION 3. Boundaries. The boundaries of the district are
1-18 coextensive with the boundaries of Blanco County, Texas.
1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-20 property included within the boundaries of the district will be
1-21 benefited by the works and projects that are to be accomplished by
1-22 the district under powers conferred by Article XVI, Section 59, of
1-23 the Texas Constitution. The district is created to serve a public
1-24 use and benefit.
2-1 SECTION 5. POWERS. (a) The district has all of the rights,
2-2 powers, privileges, authority, functions, and duties provided by
2-3 the general law of this state, including Chapters 50 and 52, Water
2-4 Code, applicable to underground water conservation districts
2-5 created under Article XVI, Section 59, of the Texas Constitution.
2-6 This Act prevails over any provision of general law that is in
2-7 conflict or inconsistent with this Act.
2-8 (b) The rights, powers, privileges, authority, functions,
2-9 and duties of the district are subject to the continuing right of
2-10 supervision of the state to be exercised by and through the Texas
2-11 Water Commission.
2-12 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
2-13 district shall be elected according to the commissioners precinct
2-14 method as provided by this Act.
2-15 (b) One director shall be elected by the electors of the
2-16 entire district, and one director shall be elected from each county
2-17 commissioners precinct by the electors of that precinct.
2-18 (c) A person shall indicate on the application for a place
2-19 on the ballot the precinct that the person seeks to represent or
2-20 that the person seeks to represent the district at large.
2-21 (d) At the first election after the county commissioners
2-22 precincts are redrawn under Article V, Section 18, of the Texas
2-23 Constitution, four new directors shall be elected to represent the
2-24 precincts. The directors elected shall draw lots to determine
2-25 their terms.
2-26 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-27 governed by a board of five directors.
3-1 (b) A vacancy in the office of director shall be filled by
3-2 appointment of the board until the next election for directors. If
3-3 the position is not scheduled to be filled at the election, the
3-4 person elected to fill the position shall serve only for the
3-5 remainder of the unexpired term.
3-6 (c) To be eligible to serve as director, a person must be a
3-7 registered voter in the precinct from which the person is elected
3-8 or appointed if representing a precinct or in the district if
3-9 representing the district at large.
3-10 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
3-11 serve until initial directors are elected under Section 10.
3-12 (b) Initial directors serve until permanent directors are
3-13 elected under Section 11.
3-14 (c) Permanent directors serve staggered four-year terms.
3-15 (d) Each director must qualify to serve as director in the
3-16 manner provided by Section 51.079, Water Code.
3-17 (e) A director serves until the director's successor has
3-18 qualified.
3-19 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
3-20 directors is composed of:
3-21 (1) Dwayne Hoppe--at large
3-22 (2) H. E. (Butch) Crofts--Precinct 1
3-23 (3) Lee Smith--Precinct 2
3-24 (4) Mike Kelley--Precinct 3
3-25 (5) Jim Deiatz--Precinct 4
3-26 (b) If a temporary director fails to qualify for office, the
3-27 temporary directors who have qualified shall appoint a person to
4-1 fill the vacancy. If at any time there are fewer than three
4-2 qualified temporary directors, the Texas Water Commission shall
4-3 appoint the necessary number of persons to fill all vacancies on
4-4 the board.
4-5 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-6 (a) The temporary board of directors shall call and hold an
4-7 election to confirm establishment of the district and to elect five
4-8 initial directors.
4-9 (b) A person who desires to be a candidate for the office of
4-10 initial director may file an application with the temporary board
4-11 to have the candidate's name printed on the ballot as provided by
4-12 Section 52.107, Water Code.
4-13 (c) At the confirmation and initial directors' election, the
4-14 temporary board of directors shall have the names of the five
4-15 persons serving as temporary directors placed on the ballot
4-16 together with the name of any candidate filing for the office of
4-17 director as provided by Subsection (b) of this section and blank
4-18 spaces to write in the names of other persons. If the district is
4-19 created at the election, the temporary directors, at the time the
4-20 vote is canvassed, shall declare the five persons who receive the
4-21 most votes to be elected as the initial directors and shall include
4-22 the results of the directors' election in its election report to
4-23 the Texas Water Commission.
4-24 (d) Section 41.001(a), Election Code, does not apply to a
4-25 confirmation and initial directors' election held as provided by
4-26 this section.
4-27 (e) Except as provided by this section, a confirmation and
5-1 initial directors' election must be conducted as provided by
5-2 Sections 52.059(b)-(g), Water Code, and the Election Code.
5-3 SECTION 11. ELECTION OF PERMANENT DIRECTORS. On the first
5-4 Saturday in May of the second year after the year in which the
5-5 district is authorized to be created at a confirmation election, an
5-6 election shall be held in the district for the election of two
5-7 permanent directors who shall each serve two-year terms and three
5-8 permanent directors who shall each serve four-year terms.
5-9 Thereafter, on the same date in each subsequent second year, the
5-10 appropriate number of directors shall be elected to the board.
5-11 SECTION 12. TAX RATE. The board of directors may not levy
5-12 and collect a maintenance tax that exceeds the rate approved by the
5-13 majority of the qualified voters voting in the election authorizing
5-14 the tax unless an election is held in the district at which a
5-15 majority of the qualified voters who vote approve a proposition
5-16 authorizing a greater rate of assessment.
5-17 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5-18 (a) The proper and legal notice of the intention to introduce this
5-19 Act, setting forth the general substance of this Act, has been
5-20 published as provided by law, and the notice and a copy of this Act
5-21 have been furnished to all persons, agencies, officials, or
5-22 entities to which they are required to be furnished by the
5-23 constitution and other laws of this state, including the governor,
5-24 who has submitted the notice and Act to the Texas Water Commission.
5-25 (b) The Texas Water Commission has filed its recommendations
5-26 relating to this Act with the governor, lieutenant governor, and
5-27 speaker of the house of representatives within the required time.
6-1 (c) All requirements of the constitution and laws of this
6-2 state and the rules and procedures of the legislature with respect
6-3 to the notice, introduction, and passage of this Act are fulfilled
6-4 and accomplished.
6-5 SECTION 14. EMERGENCY. The importance of this legislation
6-6 and the crowded condition of the calendars in both houses create an
6-7 emergency and an imperative public necessity that the
6-8 constitutional rule requiring bills to be read on three several
6-9 days in each house be suspended, and this rule is hereby suspended,
6-10 and that this Act take effect and be in force from and after its
6-11 passage, and it is so enacted.