73R3750 MI-F
          By Turner of Coleman                                  H.B. No. 1491
                                 A BILL TO BE ENTITLED
    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.