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.