1-1 By: Turner of Coleman (Senate Sponsor - Sims) H.B. No. 1491
1-2 (In the Senate - Received from the House April 19, 1993;
1-3 April 19, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 11, 1993, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the creation, administration, powers, duties,
1-22 operation, and financing of the Llano Uplift Underground Water
1-23 Conservation District.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Creation. (a) An underground water conservation
1-26 district, to be known as the Llano Uplift Underground Water
1-27 Conservation District, is created in Llano County, subject to
1-28 approval at a confirmation election under Section 10 of this Act.
1-29 The district is a governmental agency and a body politic and
1-30 corporate.
1-31 (b) The district is created under and is essential to
1-32 accomplish the purposes of Article XVI, Section 59, of the Texas
1-33 Constitution.
1-34 SECTION 2. Definition. In this Act, "district" means the
1-35 Llano Uplift Underground Water Conservation District.
1-36 SECTION 3. Boundaries. The boundaries of the district are
1-37 coextensive with the boundaries of Llano County, Texas, excluding
1-38 the territory contained within the municipal boundaries of the city
1-39 of Sunrise Beach, the district boundaries of the Kingsland
1-40 Municipal Utility District, and the district boundaries of the Lake
1-41 L. B. J. Municipal Utility District as those boundaries exist on
1-42 the effective date of this Act.
1-43 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-44 property included within the boundaries of the district will be
1-45 benefited by the works and projects that are to be accomplished by
1-46 the district under powers conferred by Article XVI, Section 59, of
1-47 the Texas Constitution. The district is created to serve a public
1-48 use and benefit.
1-49 SECTION 5. POWERS. (a) The district has all of the rights,
1-50 powers, privileges, authority, functions, and duties provided by
1-51 the general law of this state, including Chapters 50 and 52, Water
1-52 Code, applicable to underground water conservation districts
1-53 created under Article XVI, Section 59, of the Texas Constitution.
1-54 This Act prevails over any provision of general law that is in
1-55 conflict or inconsistent with this Act.
1-56 (b) The rights, powers, privileges, authority, functions,
1-57 and duties of the district are subject to the continuing right of
1-58 supervision of the state to be exercised by and through the Texas
1-59 Water Commission.
1-60 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
1-61 district shall be elected according to the single-member
1-62 subdistrict method as provided by this Act.
1-63 (b) One director shall be elected from each single-member
1-64 subdistrict by the electors of that subdistrict.
1-65 (c) A person shall indicate on the application for a place
1-66 on the ballot the single-member subdistrict that the person seeks
1-67 to represent.
1-68 (d) The board of directors shall revise each single-member
2-1 subdistrict after each federal decennial census to reflect
2-2 population changes. At the first election after the subdistricts
2-3 are revised, a new director shall be elected from each subdistrict.
2-4 The directors shall draw lots to determine which two directors
2-5 shall serve two-year terms and which three directors shall serve
2-6 four-year terms.
2-7 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-8 governed by a board of five directors.
2-9 (b) A vacancy in the office of director shall be filled by
2-10 appointment of the board until the next election for directors. If
2-11 the position is not scheduled to be filled at the election, the
2-12 person elected to fill the position shall serve only for the
2-13 remainder of the unexpired term.
2-14 (c) To be eligible to serve as director, a person must be a
2-15 registered voter in the precinct from which the person is elected
2-16 or appointed if representing a precinct or in the district if
2-17 representing the district at large.
2-18 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
2-19 serve until initial directors are elected under Section 10.
2-20 (b) Initial directors serve until permanent directors are
2-21 elected under Section 11.
2-22 (c) Permanent directors serve staggered four-year terms.
2-23 (d) Each director must qualify to serve as director in the
2-24 manner provided by Sections 51.078 and 51.079, Water Code.
2-25 (e) A director serves until the director's successor has
2-26 qualified.
2-27 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
2-28 directors is composed of:
2-29 (1) Dan Hoerster
2-30 (2) Johnny Sawyer
2-31 (3) Earl Edwards
2-32 (4) Leroy Rode
2-33 (5) Taylor Virdell
2-34 (b) If a temporary director fails to qualify for office, the
2-35 temporary directors who have qualified shall appoint a person to
2-36 fill the vacancy. If at any time there are fewer than three
2-37 qualified temporary directors, the Texas Water Commission shall
2-38 appoint the necessary number of persons to fill all vacancies on
2-39 the board.
2-40 (c) The temporary board of directors shall establish five
2-41 single-member voting subdistricts from which initial and permanent
2-42 directors are elected.
2-43 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
2-44 (a) The temporary board of directors shall call and hold an
2-45 election to confirm establishment of the district and to elect five
2-46 initial directors.
2-47 (b) A person, including a temporary director, who desires to
2-48 be a candidate for the office of initial director may file an
2-49 application with the temporary board to have the candidate's name
2-50 printed on the ballot as provided by Section 52.107, Water Code.
2-51 (c) At the confirmation and initial directors' election, the
2-52 temporary board of directors shall have the name of any candidate
2-53 filing for the office of director as provided by Subsection (b) of
2-54 this section placed on the ballot and blank spaces to write in the
2-55 names of other persons. If the district is created at the
2-56 election, the temporary directors, at the time the vote is
2-57 canvassed, shall declare the person who receives the most votes in
2-58 each voting subdistrict to be elected as director for that
2-59 subdistrict. The district shall include the results of the
2-60 directors' election in its election report to the Texas Water
2-61 Commission.
2-62 (d) Section 41.001(a), Election Code, does not apply to a
2-63 confirmation and initial directors' election held as provided by
2-64 this section.
2-65 (e) Except as provided by this section, a confirmation and
2-66 initial directors' election must be conducted as provided by
2-67 Sections 52.059(b)-(g), Water Code, and by the Election Code.
2-68 SECTION 11. ELECTION OF DIRECTORS. On the first Saturday in
2-69 May of the second year after the year in which the district is
2-70 authorized to be created at a confirmation election, an election
3-1 shall be held in the district for the election of the directors for
3-2 two voting subdistricts, who shall each serve two-year terms, and
3-3 for three voting subdistricts, who shall each serve four-year
3-4 terms. Thereafter, on the same date in each subsequent second
3-5 year, the appropriate number of directors shall be elected to the
3-6 board.
3-7 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-8 (a) The proper and legal notice of the intention to introduce this
3-9 Act, setting forth the general substance of this Act, has been
3-10 published as provided by law, and the notice and a copy of this Act
3-11 have been furnished to all persons, agencies, officials, or
3-12 entities to which they are required to be furnished by the
3-13 constitution and other laws of this state, including the governor,
3-14 who has submitted the notice and Act to the Texas Water Commission.
3-15 (b) The Texas Water Commission has filed its recommendations
3-16 relating to this Act with the governor, lieutenant governor, and
3-17 speaker of the house of representatives within the required time.
3-18 (c) All requirements of the constitution and laws of this
3-19 state and the rules and procedures of the legislature with respect
3-20 to the notice, introduction, and passage of this Act are fulfilled
3-21 and accomplished.
3-22 SECTION 13. Emergency. The importance of this legislation
3-23 and the crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
3-28 passage, and it is so enacted.
3-29 * * * * *
3-30 Austin,
3-31 Texas
3-32 May 11, 1993
3-33 Hon. Bob Bullock
3-34 President of the Senate
3-35 Sir:
3-36 We, your Committee on Natural Resources to which was referred H.B.
3-37 No. 1491, have had the same under consideration, and I am
3-38 instructed to report it back to the Senate with the recommendation
3-39 that it do pass and be printed.
3-40 Sims,
3-41 Chairman
3-42 * * * * *
3-43 WITNESSES
3-44 No witnesses appeared on H.B. No. 1491.