H.B. No. 1491
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Llano Uplift 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 Llano Uplift Underground Water
1-8 Conservation District, is created in Llano 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 Llano Uplift Underground Water Conservation District.
1-17 SECTION 3. Boundaries. The boundaries of the district are
1-18 coextensive with the boundaries of Llano County, Texas, excluding
1-19 the territory contained within the municipal boundaries of the city
1-20 of Sunrise Beach, the district boundaries of the Kingsland
1-21 Municipal Utility District, and the district boundaries of the Lake
1-22 L. B. J. Municipal Utility District as those boundaries exist on
1-23 the effective date of this Act.
1-24 SECTION 4. FINDING OF BENEFIT. All of the land and other
2-1 property included within the boundaries of the district will be
2-2 benefited by the works and projects that are to be accomplished by
2-3 the district under powers conferred by Article XVI, Section 59, of
2-4 the Texas Constitution. The district is created to serve a public
2-5 use and benefit.
2-6 SECTION 5. POWERS. (a) The district has all of the rights,
2-7 powers, privileges, authority, functions, and duties provided by
2-8 the general law of this state, including Chapters 50 and 52, Water
2-9 Code, applicable to underground water conservation districts
2-10 created under Article XVI, Section 59, of the Texas Constitution.
2-11 This Act prevails over any provision of general law that is in
2-12 conflict or inconsistent with this Act.
2-13 (b) The rights, powers, privileges, authority, functions,
2-14 and duties of the district are subject to the continuing right of
2-15 supervision of the state to be exercised by and through the Texas
2-16 Water Commission.
2-17 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
2-18 district shall be elected according to the single-member
2-19 subdistrict method as provided by this Act.
2-20 (b) One director shall be elected from each single-member
2-21 subdistrict by the electors of that subdistrict.
2-22 (c) A person shall indicate on the application for a place
2-23 on the ballot the single-member subdistrict that the person seeks
2-24 to represent.
2-25 (d) The board of directors shall revise each single-member
2-26 subdistrict after each federal decennial census to reflect
2-27 population changes. At the first election after the subdistricts
3-1 are revised, a new director shall be elected from each subdistrict.
3-2 The directors shall draw lots to determine which two directors
3-3 shall serve two-year terms and which three directors shall serve
3-4 four-year terms.
3-5 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-6 governed by a board of five directors.
3-7 (b) A vacancy in the office of director shall be filled by
3-8 appointment of the board until the next election for directors. If
3-9 the position is not scheduled to be filled at the election, the
3-10 person elected to fill the position shall serve only for the
3-11 remainder of the unexpired term.
3-12 (c) To be eligible to serve as director, a person must be a
3-13 registered voter in the precinct from which the person is elected
3-14 or appointed if representing a precinct or in the district if
3-15 representing the district at large.
3-16 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
3-17 serve until initial directors are elected under Section 10.
3-18 (b) Initial directors serve until permanent directors are
3-19 elected under Section 11.
3-20 (c) Permanent directors serve staggered four-year terms.
3-21 (d) Each director must qualify to serve as director in the
3-22 manner provided by Sections 51.078 and 51.079, Water Code.
3-23 (e) A director serves until the director's successor has
3-24 qualified.
3-25 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
3-26 directors is composed of:
3-27 (1) Dan Hoerster
4-1 (2) Johnny Sawyer
4-2 (3) Earl Edwards
4-3 (4) Leroy Rode
4-4 (5) Taylor Virdell
4-5 (b) If a temporary director fails to qualify for office, the
4-6 temporary directors who have qualified shall appoint a person to
4-7 fill the vacancy. If at any time there are fewer than three
4-8 qualified temporary directors, the Texas Water Commission shall
4-9 appoint the necessary number of persons to fill all vacancies on
4-10 the board.
4-11 (c) The temporary board of directors shall establish five
4-12 single-member voting subdistricts from which initial and permanent
4-13 directors are elected.
4-14 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-15 (a) The temporary board of directors shall call and hold an
4-16 election to confirm establishment of the district and to elect five
4-17 initial directors.
4-18 (b) A person, including a temporary director, who desires to
4-19 be a candidate for the office of initial director may file an
4-20 application with the temporary board to have the candidate's name
4-21 printed on the ballot as provided by Section 52.107, Water Code.
4-22 (c) At the confirmation and initial directors' election, the
4-23 temporary board of directors shall have the name of any candidate
4-24 filing for the office of director as provided by Subsection (b) of
4-25 this section placed on the ballot and blank spaces to write in the
4-26 names of other persons. If the district is created at the
4-27 election, the temporary directors, at the time the vote is
5-1 canvassed, shall declare the person who receives the most votes in
5-2 each voting subdistrict to be elected as director for that
5-3 subdistrict. The district shall include the results of the
5-4 directors' election in its election report to the Texas Water
5-5 Commission.
5-6 (d) Section 41.001(a), Election Code, does not apply to a
5-7 confirmation and initial directors' election held as provided by
5-8 this section.
5-9 (e) Except as provided by this section, a confirmation and
5-10 initial directors' election must be conducted as provided by
5-11 Sections 52.059(b)-(g), Water Code, and by the Election Code.
5-12 SECTION 11. ELECTION OF DIRECTORS. On the first Saturday in
5-13 May of the second year after the year in which the district is
5-14 authorized to be created at a confirmation election, an election
5-15 shall be held in the district for the election of the directors for
5-16 two voting subdistricts, who shall each serve two-year terms, and
5-17 for three voting subdistricts, who shall each serve four-year
5-18 terms. Thereafter, on the same date in each subsequent second
5-19 year, the appropriate number of directors shall be elected to the
5-20 board.
5-21 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5-22 (a) The proper and legal notice of the intention to introduce this
5-23 Act, setting forth the general substance of this Act, has been
5-24 published as provided by law, and the notice and a copy of this Act
5-25 have been furnished to all persons, agencies, officials, or
5-26 entities to which they are required to be furnished by the
5-27 constitution and other laws of this state, including the governor,
6-1 who has submitted the notice and Act to the Texas Water Commission.
6-2 (b) The Texas Water Commission has filed its recommendations
6-3 relating to this Act with the governor, lieutenant governor, and
6-4 speaker of the house of representatives within the required time.
6-5 (c) All requirements of the constitution and laws of this
6-6 state and the rules and procedures of the legislature with respect
6-7 to the notice, introduction, and passage of this Act are fulfilled
6-8 and accomplished.
6-9 SECTION 13. Emergency. The importance of this legislation
6-10 and the crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended,
6-14 and that this Act take effect and be in force from and after its
6-15 passage, and it is so enacted.