73R6774 MI-F
          By Nieto                                              H.B. No. 1216
          Substitute the following for H.B. No. 1216:
          By Nieto                                          C.S.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.