By: Hilderbran H.B. No. 461 73R380 MI-D 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 Sections 51.078 and 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.