H.B. No. 2492
1-1 AN ACT
1-2 relating to election of directors and validation of acts of the
1-3 governing board of the Real-Edwards Conservation and Reclamation
1-4 District.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11, Chapter 341, Acts of the 56th
1-7 Legislature, Regular Session, 1959 (Article 8280-233, Vernon's
1-8 Texas Civil Statutes), is amended to read as follows:
1-9 Sec. 11. (a) The government and control of the District
1-10 shall be vested in a Board of Directors consisting of nine (9)
1-11 members. Directors serve staggered four-year terms. <Each of
1-12 them, with the exception of the original Board of Directors
1-13 hereinafter provided for, shall hold office for a term of two (2)
1-14 years.>
1-15 <The original Board of Directors shall consist of Jesse
1-16 Lockhart, of Barksdale, Texas; Neal Jernigan, Sr., of Barksdale,
1-17 Texas; J. E. Greer, of Camp Wood, Texas; J. E. Robbins, of Camp
1-18 Wood, Texas; and G. C. Hutcherson, of Camp Wood, Texas; whose terms
1-19 of office shall expire on the first Saturday in September of 1960;
1-20 and Lester Phillips, of Barksdale, Texas; Clarence Vernor, of
1-21 Barksdale, Texas; J. B. Hutto, of Camp Wood, Texas; and L. M. Webb,
1-22 of Camp Wood, Texas; whose terms of office shall expire on the
1-23 first Saturday in September of 1961.>
1-24 (b) There shall be held in the District on the first
2-1 Saturday of May <September> in each even-numbered year<, beginning
2-2 with the first Saturday in September of 1960,> an election within
2-3 the District for the selection of Directors to succeed those whose
2-4 terms expire on said date. Such election shall be held in such
2-5 voting boxes as are designated by the Board of Directors, and
2-6 notice of such election shall be given by the Secretary of the
2-7 Board of Directors by posting in three (3) public places within the
2-8 District a copy of the order of the Board of Directors directing
2-9 the time and places of holding the election. No person shall be
2-10 selected a Director unless he be above the age of twenty-one (21)
2-11 years and a resident within the territorial limits of the District.
2-12 (c) Any vacancy occurring in the membership of the Board of
2-13 Directors shall be filled by the remaining members of the Board
2-14 for the unexpired term of such office.
2-15 (d) Before entering upon the duties of his office, each
2-16 member of the Board of Directors shall take the Constitutional oath
2-17 of office.
2-18 SECTION 2. (a) Each resolution, instrument, order, and act
2-19 or attempted act of the board of directors of the Real-Edwards
2-20 Conservation and Reclamation District that occurred or was adopted
2-21 or executed before the date on which this Act takes effect, and any
2-22 proceeding of the district that took place before the date on which
2-23 this Act takes effect, is validated in all respects as if it had
2-24 originally been duly and legally authorized. For the purposes of
2-25 this Act, "act or attempted act" includes calling and holding
2-26 elections, canvassing returns, voting for and collecting taxes,
2-27 issuing notes, bonds, and refunding bonds, and pledging revenue.
3-1 For the purposes of this Act, "instrument" includes contracts,
3-2 notes, bonds, and refunding bonds.
3-3 (b) This section does not apply to any matter that on the
3-4 effective date of this Act:
3-5 (1) is involved in litigation if the litigation
3-6 ultimately results in the matter being held invalid by a final
3-7 judgment of a court of competent jurisdiction; or
3-8 (2) has been held invalid by a final judgment of a
3-9 court of competent jurisdiction.
3-10 SECTION 3. (a) The election of the board of directors
3-11 scheduled before the effective date of this Act to be held in May
3-12 1994 shall be held, and the directors elected at that election
3-13 shall serve two-year terms.
3-14 (b) The election of the board of directors scheduled before
3-15 the effective date of this Act to be held in May 1995 shall be
3-16 held, and the directors elected at that election shall serve until
3-17 the directors elected in May 1998 take office.
3-18 (c) The directors elected at the elections to be held in May
3-19 1996 and May 1998 shall serve four-year terms.
3-20 SECTION 4. The importance of this legislation and the
3-21 crowded condition of the calendars in both houses create an
3-22 emergency and an imperative public necessity that the
3-23 constitutional rule requiring bills to be read on three several
3-24 days in each house be suspended, and this rule is hereby suspended,
3-25 and that this Act take effect and be in force from and after its
3-26 passage, and it is so enacted.