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.