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.