By: Tallas H.B. No. 1742
73R6063 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Fort Bend Subsidence District.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5, Chapter 1045, Acts of the 71st
1-5 Legislature, Regular Session, 1989, is amended to read as follows:
1-6 Sec. 5. Board of Directors. (a) The district is governed
1-7 by a board of 15 <13> directors. A director must be a resident of
1-8 and a qualified voter in the district.
1-9 (b) One director from each of the following cities in Fort
1-10 Bend County shall be appointed by the mayor of the respective city:
1-11 (1) Houston;
1-12 (2) Missouri City;
1-13 (3) Stafford;
1-14 (4) Sugar Land;
1-15 (5) Rosenberg; and
1-16 (6) Richmond.
1-17 (c) The Commissioners Court of Fort Bend County shall
1-18 appoint two directors who represent agricultural interests and live
1-19 in an unincorporated area, two directors who represent industrial
1-20 interests, and two directors who represent business interests.
1-21 (d) One director shall be appointed by the mayors of the
1-22 incorporated cities within the county not listed in Subsection (b)
1-23 of this section.
1-24 (e) Two directors shall be appointed by the conservation and
2-1 reclamation districts located either wholly or partially within the
2-2 county, other than the Fort Bend Subsidence District. Each
2-3 conservation and reclamation district may nominate by resolution
2-4 adopted by its governing body one candidate for the district's
2-5 board of directors. The presiding officer of the conservation and
2-6 reclamation district's governing body shall submit the name of the
2-7 conservation and reclamation district's nominee to the district
2-8 before October 15 of each year. Before November 1, the district
2-9 shall prepare a ballot listing all of the nominees of conservation
2-10 and reclamation districts alphabetically by surname and shall
2-11 deliver a copy of the nominating ballot to the presiding officer of
2-12 the board of directors of each conservation and reclamation
2-13 district. The board of directors of each conservation and
2-14 reclamation district shall determine its vote by resolution and
2-15 submit it to the district before December 1. The nominee on the
2-16 ballot with the most votes is appointed to the district board of
2-17 directors. The chairman of the district shall resolve a tie vote
2-18 by any method of chance.
2-19 (f) If an adjoining county is added to the district, four
2-20 members shall be added to the board. Two members shall be chosen
2-21 by the commissioners court of the county added to the district.
2-22 One member each shall be chosen by the mayors of the two cities in
2-23 the county added to the district that have the largest populations
2-24 according to the most recent federal decennial census. The four
2-25 new members shall draw lots to establish staggered terms of office.
2-26 (g) <(f) All directors must be residents of and qualified
2-27 voters in the district.>
3-1 <(g) The county judge of Fort Bend County shall set a date,
3-2 time, and place for a meeting of the persons designated in
3-3 Subsections (b), (c), and (d) of this section to choose the initial
3-4 directors. The county judge shall choose a date not later than the
3-5 30th day after the effective date of this Act. The county judge
3-6 shall mail notices of the meeting to the persons designated to
3-7 choose the directors. The county judge shall appoint a person to
3-8 preside at the meeting. The directors chosen at the meeting shall
3-9 assume their positions not later than the fifth day after the date
3-10 of the meeting.>
3-11 <(h)> Selection of subsequent directors shall be made in
3-12 person on the second Monday in January at 11 a.m. in the district's
3-13 main office or in writing by submitting a letter of appointment to
3-14 the district at its main office on or before that day. Not later
3-15 than the 20th day before the second Monday in January <date of the
3-16 meeting>, the district shall mail notice of the necessity of
3-17 selecting directors <meeting> to the persons designated in
3-18 Subsections (b), (c), (d), and (f) <(e)> of this section to choose
3-19 directors.
3-20 (h) Members <(i) The terms of office for the initial
3-21 directors shall be as follows:>
3-22 <(1) five members chosen under Subsection (b) of this
3-23 section and four members chosen under Subsection (c) of this
3-24 section shall serve for terms expiring January 31, 1991; and>
3-25 <(2) one member chosen under Subsection (b) of this
3-26 section, two members chosen under Subsection (c) of this section,
3-27 and the member chosen under Subsection (d) of this section shall
4-1 serve for terms expiring January 31, 1990.>
4-2 <(j) Except as provided by Subsection (i) of this section,
4-3 members> of the board <shall> serve <for> terms of two years.
4-4 (i) <(k) At the time the county judge of Fort Bend County
4-5 sets the meeting required by Subsection (g) of this section, the
4-6 county judge shall set the date, time, and place for the initial
4-7 meeting of the board. Not later than the 20th day before the date
4-8 of the initial meeting of the board, the county judge shall mail
4-9 notices of the meeting to the initial directors.>
4-10 <(l)> At the <initial meeting of the board and each year at
4-11 the> first meeting after new directors take office, the directors
4-12 shall select a chairman, a vice-chairman, and a secretary. The
4-13 chairman, vice-chairman, and secretary shall serve at the pleasure
4-14 of the board and may be removed and replaced by a majority of the
4-15 board at any time.
4-16 (j) <(m)> The chairman shall preside over meetings of the
4-17 board. If the chairman is not present, the vice-chairman shall
4-18 preside.
4-19 (k) <(n)> Each director is entitled to receive $50 a day for
4-20 each day that director <he> is engaged in the exercise of the
4-21 director's <his> duties under this Act and necessary travel and
4-22 other expenses incurred in the exercise of the director's <his>
4-23 duties under this Act. A member of the board may not receive
4-24 compensation and travel and other expenses for more than 120 days
4-25 in any one calendar year.
4-26 (l) <(o)> If a vacancy occurs on the board, the person or
4-27 persons designated in Subsection (b), (c), (d), <or> (e), or (f) of
5-1 this section to appoint a director for the position that is vacated
5-2 shall appoint a director to serve the unexpired term.
5-3 (m) <(p)> Each director shall take the oath of office
5-4 prescribed by law for county commissioners and shall execute a bond
5-5 in the amount of $5,000, payable to the district, conditioned on
5-6 the faithful performance of the <his> duties of office. The
5-7 district shall pay for the bond.
5-8 (n) <(q)> A majority of the directors constitute a quorum
5-9 for transaction of business of the district. An official act of
5-10 the board is not valid without the affirmative vote of a majority
5-11 of the directors.
5-12 (o) <(r)> The board shall hold one regular meeting each
5-13 month at a time set by the board. The board may hold special
5-14 meetings at the call of the chairman or on the written request of
5-15 at least three directors.
5-16 SECTION 2. Section 39, Chapter 1045, Acts of the 71st
5-17 Legislature, Regular Session, 1989, is amended to read as follows:
5-18 Sec. 39. Exclusions. This Act does not apply to:
5-19 (1) wells regulated under Chapter 27, Water Code;
5-20 (2) shallow wells producing water solely to prevent
5-21 hazardous sand boils, dewater surface construction sites, or
5-22 relieve hydrostatic uplift on permanent structures and not used to
5-23 provide water for human consumption, agricultural use,
5-24 manufacturing or industrial use, or water injection;
5-25 (3) <shallow> wells producing water solely for
5-26 groundwater quality analysis and for monitoring migration of
5-27 subsurface contaminants or pollution and not used to provide water
6-1 for human consumption, agricultural use, manufacturing or
6-2 industrial uses, or water injection;
6-3 (4) <shallow> wells producing water solely for
6-4 recovery of contamination or pollution and not used to provide
6-5 water for human consumption, agricultural use, manufacturing or
6-6 industrial use, or water injection;
6-7 (5) wells with an inside casing diameter of two inches
6-8 or less that are operated with a wind-driven pump;
6-9 (6) other wells as provided in the rules of the
6-10 district <persons owning only one well within the district if the
6-11 well has a casing with an inside diameter of five inches or less>;
6-12 and
6-13 (7) <(6) on application for an exemption on a form
6-14 prescribed by the board,> other wells with a casing that has an
6-15 inside diameter of five inches or less that serve only a
6-16 single-family dwelling <and have a negligible effect on subsidence
6-17 within the district>.
6-18 SECTION 3. In 1993 only, the conservation and reclamation
6-19 districts may make nominations for each of the two open positions
6-20 and shall vote on the appointments on separate ballots. The board
6-21 member chosen on the first ballot serves a two-year term beginning
6-22 with the February 1994 meeting of the board, and the board member
6-23 chosen on the second ballot serves a one-year term beginning with
6-24 the February 1994 meeting of the board.
6-25 SECTION 4. This Act takes effect September 1, 1993.
6-26 SECTION 5. The importance of this legislation and the
6-27 crowded condition of the calendars in both houses create an
7-1 emergency and an imperative public necessity that the
7-2 constitutional rule requiring bills to be read on three several
7-3 days in each house be suspended, and this rule is hereby suspended.