73R6774 MI-F By Nieto H.B. No. 1216 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to validation of the creation of the Uvalde County 1-3 Underground Water Conservation District and actions of the 1-4 district; authorizing a tax. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. DEFINITION. In this Act, "district" means the 1-7 Uvalde County Underground Water Conservation District. 1-8 SECTION 2. VALIDATION. The creation of the district and all 1-9 resolutions, orders, and other acts or attempted acts of the board 1-10 of directors of the district are validated in all respects. The 1-11 creation of the district and all resolutions, orders, and other 1-12 acts or attempted acts of the board of directors of the district 1-13 are valid as though they originally had been legally authorized or 1-14 accomplished. 1-15 SECTION 3. BOUNDARIES. Pursuant to the petition to the 1-16 Commissioners Court of Uvalde County, Texas, requesting the 1-17 creation of the district, the district includes the territory 1-18 contained within the boundaries of Uvalde County. 1-19 SECTION 4. FINDING OF BENEFIT. All the land and other 1-20 property included within the boundaries of the district will be 1-21 benefitted by the validation of the district. 1-22 SECTION 5. POWERS. (a) The district has all of the rights, 1-23 powers, privileges, authority, functions, and duties provided by 1-24 the general law of the state, including Chapters 50 and 52, Water 2-1 Code, applicable to underground water conservation districts 2-2 created under Article XVI, Section 59, of the Texas Constitution. 2-3 This Act prevails over any provision of general law that is in 2-4 conflict or inconsistent with this Act. 2-5 (b) The district may develop and implement a drought 2-6 response plan, with reasonable rules, using water levels as 2-7 observed in the Uvalde Index Well YP-69-50-302. 2-8 (c) 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. LEVY OF TAXES. The levy and collection of taxes 2-13 by the district is governed by Subchapter H, Chapter 52, Water 2-14 Code, except that the district may not levy a maintenance and 2-15 operating tax at a rate that exceeds two cents per $100 assessed 2-16 valuation unless an election held in the district authorizes a 2-17 higher rate. 2-18 SECTION 7. PENDING LITIGATION. This Act does not apply to 2-19 or affect litigation pending on the effective date of this Act in 2-20 any court of competent jurisdiction in this state to which the 2-21 district is a party. 2-22 SECTION 8. EMERGENCY. The importance of this legislation 2-23 and the crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 2-26 days in each house be suspended, and this rule is hereby suspended, 2-27 and that this Act take effect and be in force from and after its 3-1 passage, and it is so enacted.