1-1 By: Turner of Coleman (Senate Sponsor - Sims) H.B. No. 2492
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 21, 1993, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 21, 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 election of directors and validation of acts of the
1-22 governing board of the Real-Edwards Conservation and Reclamation
1-23 District.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 11, Chapter 341, Acts of the 56th
1-26 Legislature, Regular Session, 1959 (Article 8280-233, Vernon's
1-27 Texas Civil Statutes), is amended to read as follows:
1-28 Sec. 11. (a) The government and control of the District
1-29 shall be vested in a Board of Directors consisting of nine (9)
1-30 members. Directors serve staggered four-year terms. <Each of
1-31 them, with the exception of the original Board of Directors
1-32 hereinafter provided for, shall hold office for a term of two (2)
1-33 years.>
1-34 <The original Board of Directors shall consist of Jesse
1-35 Lockhart, of Barksdale, Texas; Neal Jernigan, Sr., of Barksdale,
1-36 Texas; J. E. Greer, of Camp Wood, Texas; J. E. Robbins, of Camp
1-37 Wood, Texas; and G. C. Hutcherson, of Camp Wood, Texas; whose terms
1-38 of office shall expire on the first Saturday in September of 1960;
1-39 and Lester Phillips, of Barksdale, Texas; Clarence Vernor, of
1-40 Barksdale, Texas; J. B. Hutto, of Camp Wood, Texas; and L. M. Webb,
1-41 of Camp Wood, Texas; whose terms of office shall expire on the
1-42 first Saturday in September of 1961.>
1-43 (b) There shall be held in the District on the first
1-44 Saturday of May <September> in each even-numbered year<, beginning
1-45 with the first Saturday in September of 1960,> an election within
1-46 the District for the selection of Directors to succeed those whose
1-47 terms expire on said date. Such election shall be held in such
1-48 voting boxes as are designated by the Board of Directors, and
1-49 notice of such election shall be given by the Secretary of the
1-50 Board of Directors by posting in three (3) public places within the
1-51 District a copy of the order of the Board of Directors directing
1-52 the time and places of holding the election. No person shall be
1-53 selected a Director unless he be above the age of twenty-one (21)
1-54 years and a resident within the territorial limits of the District.
1-55 (c) Any vacancy occurring in the membership of the Board of
1-56 Directors shall be filled by the remaining members of the Board
1-57 for the unexpired term of such office.
1-58 (d) Before entering upon the duties of his office, each
1-59 member of the Board of Directors shall take the Constitutional oath
1-60 of office.
1-61 SECTION 2. (a) Each resolution, instrument, order, and act
1-62 or attempted act of the board of directors of the Real-Edwards
1-63 Conservation and Reclamation District that occurred or was adopted
1-64 or executed before the date on which this Act takes effect, and any
1-65 proceeding of the district that took place before the date on which
1-66 this Act takes effect, is validated in all respects as if it had
1-67 originally been duly and legally authorized. For the purposes of
1-68 this Act, "act or attempted act" includes calling and holding
2-1 elections, canvassing returns, voting for and collecting taxes,
2-2 issuing notes, bonds, and refunding bonds, and pledging revenue.
2-3 For the purposes of this Act, "instrument" includes contracts,
2-4 notes, bonds, and refunding bonds.
2-5 (b) This section does not apply to any matter that on the
2-6 effective date of this Act:
2-7 (1) is involved in litigation if the litigation
2-8 ultimately results in the matter being held invalid by a final
2-9 judgment of a court of competent jurisdiction; or
2-10 (2) has been held invalid by a final judgment of a
2-11 court of competent jurisdiction.
2-12 SECTION 3. (a) The election of the board of directors
2-13 scheduled before the effective date of this Act to be held in May
2-14 1994 shall be held, and the directors elected at that election
2-15 shall serve two-year terms.
2-16 (b) The election of the board of directors scheduled before
2-17 the effective date of this Act to be held in May 1995 shall be
2-18 held, and the directors elected at that election shall serve until
2-19 the directors elected in May 1998 take office.
2-20 (c) The directors elected at the elections to be held in May
2-21 1996 and May 1998 shall serve four-year terms.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
2-28 passage, and it is so enacted.
2-29 * * * * *
2-30 Austin,
2-31 Texas
2-32 May 21, 1993
2-33 Hon. Bob Bullock
2-34 President of the Senate
2-35 Sir:
2-36 We, your Committee on Natural Resources to which was referred H.B.
2-37 No. 2492, have had the same under consideration, and I am
2-38 instructed to report it back to the Senate with the recommendation
2-39 that it do pass and be printed.
2-40 Sims,
2-41 Chairman
2-42 * * * * *
2-43 WITNESSES
2-44 No witnesses appeared on H.B. No. 2492.