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.