1-1 By: Hilderbran (Senate Sponsor - Wentworth) H.B. No. 461
1-2 (In the Senate - Received from the House March 18, 1993;
1-3 March 22, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 3, 1993, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 3, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the creation, administration, powers, duties,
1-22 operation, and financing of the Blanco County Underground Water
1-23 Conservation District.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Creation. (a) An underground water conservation
1-26 district, to be known as the Blanco County Underground Water
1-27 Conservation District, is created in Blanco County, subject to
1-28 approval at a confirmation election under Section 10 of this Act.
1-29 The district is a governmental agency and a body politic and
1-30 corporate.
1-31 (b) The district is created under and is essential to
1-32 accomplish the purposes of Article XVI, Section 59, of the Texas
1-33 Constitution.
1-34 SECTION 2. Definition. In this Act, "district" means the
1-35 Blanco County Underground Water Conservation District.
1-36 SECTION 3. Boundaries. The boundaries of the district are
1-37 coextensive with the boundaries of Blanco County, Texas.
1-38 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-39 property included within the boundaries of the district will be
1-40 benefited by the works and projects that are to be accomplished by
1-41 the district under powers conferred by Article XVI, Section 59, of
1-42 the Texas Constitution. The district is created to serve a public
1-43 use and benefit.
1-44 SECTION 5. POWERS. (a) The district has all of the rights,
1-45 powers, privileges, authority, functions, and duties provided by
1-46 the general law of this state, including Chapters 50 and 52, Water
1-47 Code, applicable to underground water conservation districts
1-48 created under Article XVI, Section 59, of the Texas Constitution.
1-49 This Act prevails over any provision of general law that is in
1-50 conflict or inconsistent with this Act.
1-51 (b) The rights, powers, privileges, authority, functions,
1-52 and duties of the district are subject to the continuing right of
1-53 supervision of the state to be exercised by and through the Texas
1-54 Water Commission.
1-55 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
1-56 district shall be elected according to the commissioners precinct
1-57 method as provided by this Act.
1-58 (b) One director shall be elected by the electors of the
1-59 entire district, and one director shall be elected from each county
1-60 commissioners precinct by the electors of that precinct.
1-61 (c) A person shall indicate on the application for a place
1-62 on the ballot the precinct that the person seeks to represent or
1-63 that the person seeks to represent the district at large.
1-64 (d) At the first election after the county commissioners
1-65 precincts are redrawn under Article V, Section 18, of the Texas
1-66 Constitution, four new directors shall be elected to represent the
1-67 precincts. The directors elected shall draw lots to determine
1-68 their terms.
2-1 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-2 governed by a board of five directors.
2-3 (b) A vacancy in the office of director shall be filled by
2-4 appointment of the board until the next election for directors. If
2-5 the position is not scheduled to be filled at the election, the
2-6 person elected to fill the position shall serve only for the
2-7 remainder of the unexpired term.
2-8 (c) To be eligible to serve as director, a person must be a
2-9 registered voter in the precinct from which the person is elected
2-10 or appointed if representing a precinct or in the district if
2-11 representing the district at large.
2-12 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
2-13 serve until initial directors are elected under Section 10.
2-14 (b) Initial directors serve until permanent directors are
2-15 elected under Section 11.
2-16 (c) Permanent directors serve staggered four-year terms.
2-17 (d) Each director must qualify to serve as director in the
2-18 manner provided by Section 51.079, Water Code.
2-19 (e) A director serves until the director's successor has
2-20 qualified.
2-21 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
2-22 directors is composed of:
2-23 (1) Dwayne Hoppe--at large
2-24 (2) H. E. (Butch) Crofts--Precinct 1
2-25 (3) Lee Smith--Precinct 2
2-26 (4) Mike Kelley--Precinct 3
2-27 (5) Jim Deiatz--Precinct 4
2-28 (b) If a temporary director fails to qualify for office, the
2-29 temporary directors who have qualified shall appoint a person to
2-30 fill the vacancy. If at any time there are fewer than three
2-31 qualified temporary directors, the Texas Water Commission shall
2-32 appoint the necessary number of persons to fill all vacancies on
2-33 the board.
2-34 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
2-35 (a) The temporary board of directors shall call and hold an
2-36 election to confirm establishment of the district and to elect five
2-37 initial directors.
2-38 (b) A person who desires to be a candidate for the office of
2-39 initial director may file an application with the temporary board
2-40 to have the candidate's name printed on the ballot as provided by
2-41 Section 52.107, Water Code.
2-42 (c) At the confirmation and initial directors' election, the
2-43 temporary board of directors shall have the names of the five
2-44 persons serving as temporary directors placed on the ballot
2-45 together with the name of any candidate filing for the office of
2-46 director as provided by Subsection (b) of this section and blank
2-47 spaces to write in the names of other persons. If the district is
2-48 created at the election, the temporary directors, at the time the
2-49 vote is canvassed, shall declare the five persons who receive the
2-50 most votes to be elected as the initial directors and shall include
2-51 the results of the directors' election in its election report to
2-52 the Texas Water Commission.
2-53 (d) Section 41.001(a), Election Code, does not apply to a
2-54 confirmation and initial directors' election held as provided by
2-55 this section.
2-56 (e) Except as provided by this section, a confirmation and
2-57 initial directors' election must be conducted as provided by
2-58 Sections 52.059(b)-(g), Water Code, and the Election Code.
2-59 SECTION 11. ELECTION OF PERMANENT DIRECTORS. On the first
2-60 Saturday in May of the second year after the year in which the
2-61 district is authorized to be created at a confirmation election, an
2-62 election shall be held in the district for the election of two
2-63 permanent directors who shall each serve two-year terms and three
2-64 permanent directors who shall each serve four-year terms.
2-65 Thereafter, on the same date in each subsequent second year, the
2-66 appropriate number of directors shall be elected to the board.
2-67 SECTION 12. TAX RATE. The board of directors may not levy
2-68 and collect a maintenance tax that exceeds the rate approved by the
2-69 majority of the qualified voters voting in the election authorizing
2-70 the tax unless an election is held in the district at which a
3-1 majority of the qualified voters who vote approve a proposition
3-2 authorizing a greater rate of assessment.
3-3 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-4 (a) The proper and legal notice of the intention to introduce this
3-5 Act, setting forth the general substance of this Act, has been
3-6 published as provided by law, and the notice and a copy of this Act
3-7 have been furnished to all persons, agencies, officials, or
3-8 entities to which they are required to be furnished by the
3-9 constitution and other laws of this state, including the governor,
3-10 who has submitted the notice and Act to the Texas Water Commission.
3-11 (b) The Texas Water Commission has filed its recommendations
3-12 relating to this Act with the governor, lieutenant governor, and
3-13 speaker of the house of representatives within the required time.
3-14 (c) All requirements of the constitution and laws of this
3-15 state and the rules and procedures of the legislature with respect
3-16 to the notice, introduction, and passage of this Act are fulfilled
3-17 and accomplished.
3-18 SECTION 14. EMERGENCY. The importance of this legislation
3-19 and the crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.
3-25 * * * * *
3-26 Austin,
3-27 Texas
3-28 May 3, 1993
3-29 Hon. Bob Bullock
3-30 President of the Senate
3-31 Sir:
3-32 We, your Committee on Natural Resources to which was referred H.B.
3-33 No. 461, have had the same under consideration, and I am instructed
3-34 to report it back to the Senate with the recommendation that it do
3-35 pass and be printed.
3-36 Sims,
3-37 Chairman
3-38 * * * * *
3-39 WITNESSES
3-40 No witnesses appeared on H.B. No. 461.