By Hilderbran, et al.                                 H.B. No. 2801
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regional management of the Edwards Aquifer.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4                    ARTICLE 1.  GENERAL PROVISIONS
    1-5        Sec. 1.01.  DEFINITIONS.  In this Act:
    1-6              (1)  "Authority" means the Edwards Aquifer Regional
    1-7  Authority.
    1-8              (2)  "Commission" means the Texas Natural Resource
    1-9  Conservation Commission.
   1-10              (3)  "Conservation" means:
   1-11                    (A)  the development of water resources; and
   1-12                    (B)  those practices, techniques, and
   1-13  technologies that will reduce the consumption of water, reduce the
   1-14  loss or waste of water, improve the efficiency in the use of water,
   1-15  or increase the recycling and reuse of water so that a water supply
   1-16  is made available for future or alternative uses.
   1-17              (4)  "District" or "member district" means an
   1-18  underground water conservation district designated or created under
   1-19  this Act as a member of the authority.
   1-20              (5)  "Edwards Aquifer" means that portion of an arcuate
   1-21  belt of porous, water-bearing, predominantly carbonate rocks known
   1-22  as the Edwards and Associated Limestones in the Balcones Fault Zone
   1-23  trending from west to east to northeast in Kinney, Uvalde, Medina,
    2-1  Atascosa, Bexar, Guadalupe, and Comal counties, and in Hays County
    2-2  south of the hydrologic division near Kyle that separates flow
    2-3  toward the San Marcos River from flow to the Colorado River Basin;
    2-4  and composed of the Salmon Peak Limestone, McKnight Formation, West
    2-5  Nueces Formation, Devil's River Limestone, Person Formation, Kainer
    2-6  Formation, Edwards Formation, Georgetown Formation, and Walnut
    2-7  Formation.
    2-8              (6)  "Groundwater" includes only groundwater in the
    2-9  Edwards Aquifer.
   2-10              (7)  "Reuse" means the use of groundwater for any
   2-11  beneficial purpose or purposes, without regard to the necessity or
   2-12  degree of treatment that may be required, after the groundwater has
   2-13  been previously used for any beneficial purpose or purposes.
   2-14              (8)  "Use for beneficial purpose" or "beneficial use"
   2-15  means, without regard to priority, use for:
   2-16                    (A)  agricultural, gardening, domestic, stock
   2-17  raising, municipal, mining, manufacturing, industrial, commercial,
   2-18  recreational, or pleasure purposes;
   2-19                    (B)  exploring for, producing, handling, or
   2-20  treating oil, gas, sulphur, or other minerals; or
   2-21                    (C)  any other purpose that is useful and
   2-22  beneficial to the user.
   2-23              (9)  "User" means a person who uses:
   2-24                    (A)  groundwater withdrawn from a well completed
   2-25  in the Edwards Aquifer; or
    3-1                    (B)  water from the downstream flow from the
    3-2  Edwards Aquifer.
    3-3              (10)  "Waste" means any one or more of the following:
    3-4                    (A)  withdrawal of underground water from an
    3-5  underground water reservoir or water-bearing formation at a rate
    3-6  and in an amount that causes or threatens to cause intrusion into
    3-7  the reservoir or water-bearing formation of water unsuitable for
    3-8  agricultural, gardening, domestic, or stock raising purposes;
    3-9                    (B)  the flowing or producing of wells from an
   3-10  underground water reservoir or water-bearing formation if the water
   3-11  produced is not used for a beneficial purpose;
   3-12                    (C)  escape of underground water from an
   3-13  underground water reservoir or water-bearing formation to any other
   3-14  reservoir that does not contain underground water;
   3-15                    (D)  pollution or harmful alteration of
   3-16  underground water in an underground water reservoir or
   3-17  water-bearing formation by salt water, other deleterious matter
   3-18  admitted from another stratum or from the surface of the ground;
   3-19                    (E)  wilfully or negligently causing, suffering,
   3-20  or permitting underground water to escape into any river, creek,
   3-21  natural watercourse, depression, lake, reservoir, drain, sewer,
   3-22  street, highway, road, or road ditch, or onto any land other than
   3-23  that of the owner of the well; or
   3-24                    (F)  groundwater pumped for irrigation that
   3-25  escapes as irrigation tailwater onto land other than that of the
    4-1  owner of the well unless permission has been granted by the
    4-2  occupant of the land receiving the discharge.
    4-3        Sec. 1.02.  JURISDICTION OF COMMISSION.  The rights, powers,
    4-4  privileges, authority, and functions of the authority and of each
    4-5  member district are subject to the continuing right of supervision
    4-6  of the state to be exercised by and through the commission.
    4-7            ARTICLE 2.  EDWARDS AQUIFER REGIONAL AUTHORITY
    4-8        Sec. 2.01.  CREATION OF AUTHORITY.  (a)  A conservation and
    4-9  reclamation authority to be known as the Edwards Aquifer Regional
   4-10  Authority is created.
   4-11        (b)  The authority is created under and is essential to
   4-12  accomplish the purposes of Article XVI, Section 59, of the Texas
   4-13  Constitution.
   4-14        Sec. 2.02.  BOUNDARIES OF AUTHORITY.  The authority includes
   4-15  all the territory within the counties of Bexar, Comal, Hays,
   4-16  Medina, and Uvalde.
   4-17        Sec. 2.03.  FINDING OF BENEFIT.  All of the land and other
   4-18  property included in the boundaries of the authority will be
   4-19  benefited by the works and projects that are to be accomplished by
   4-20  the authority under the powers conferred by Article XVI, Section
   4-21  59, of the Texas Constitution.  The authority is created to serve a
   4-22  public use and benefit.
   4-23        Sec. 2.04.  CONFIRMATION ELECTION NOT REQUIRED.  An election
   4-24  to confirm the creation of the authority is not required.
   4-25                ARTICLE 3.  ADMINISTRATION OF AUTHORITY
    5-1        Sec. 3.01.  BOARD OF DIRECTORS.  (a)  The authority is
    5-2  governed by a board of five directors appointed by the governor
    5-3  with the advice and consent of the senate.
    5-4        (b)  The board of directors consists of one director
    5-5  appointed from the board of directors of each member district.
    5-6        (c)  A director serves a two-year term.  The governor may
    5-7  appoint as director a person whose remaining term on a district
    5-8  board is less than two years and subsequently appoint another
    5-9  person to serve the unexpired term on the authority board.
   5-10        (d)  A person appointed to fill a vacancy on the board:
   5-11              (1)  must be a member of the board of the member
   5-12  district from which the person vacating the position was appointed;
   5-13  and
   5-14              (2)  serves only for the unexpired term of the person
   5-15  vacating the position.
   5-16        (e)  A director serves until the director's successor
   5-17  qualifies and takes office.
   5-18        Sec. 3.02.  Oath of Office.  (a)  Each director shall take
   5-19  the oath of office prescribed by the constitution for public
   5-20  officers.
   5-21        (b)  The oath shall be filed with the authority and retained
   5-22  in its records.
   5-23        Sec. 3.03.  Organization of Board.  After the directors have
   5-24  been appointed, the board shall organize by electing a president, a
   5-25  vice-president, a secretary, and any other officers that in the
    6-1  judgment of the board are necessary.
    6-2        Sec. 3.04.  Compensation of Directors.  Directors receive no
    6-3  compensation for service on the board but are entitled to receive
    6-4  reimbursement of actual and necessary expenses incurred in the
    6-5  performance of their duties.
    6-6        Sec. 3.05.  Officers; Quorum.  A simple majority of the full
    6-7  board constitutes a quorum for a meeting, and a concurrence of a
    6-8  simple majority of the full board is sufficient for transacting
    6-9  business of the authority.
   6-10        Sec. 3.06.  Meetings.  (a)  The board shall hold regular
   6-11  quarterly meetings.  It may hold meetings at other times as
   6-12  required for the business of the authority.
   6-13        (b)  Any person may attend a meeting of the board and may
   6-14  present in an orderly manner matters for the board's consideration.
   6-15        (c)  Meetings shall be conducted and notice of meetings shall
   6-16  be posted in accordance with the open meetings law, Chapter 271,
   6-17  Acts of the 60th Legislature, Regular Session, 1967 (Article
   6-18  6252-17, Vernon's Texas Civil Statutes).
   6-19        Sec. 3.07.  Minutes and Records of District.  The board shall
   6-20  keep a complete account of all its meetings and proceedings and
   6-21  shall preserve its minutes, contracts, records, notices, accounts,
   6-22  receipts, and other records in a safe place.  All minutes,
   6-23  contracts, records, notices, accounts, receipts, and other records
   6-24  are the property of the authority and subject to public inspection.
   6-25        Sec. 3.08.  General Manager.  The board may employ a general
    7-1  manager and give him full authority in the management and operation
    7-2  of the affairs of the authority, subject only to the orders of the
    7-3  board.
    7-4        Sec. 3.09.  Employees of District.  (a)  The board may employ
    7-5  or authorize the manager to employ all persons necessary for the
    7-6  proper handling of the business and operation of the authority, its
    7-7  plant, and improvements.
    7-8        (b)  The board shall determine the compensation to be paid
    7-9  the general manager and any other employee of the authority or it
   7-10  may choose to allow the manager to determine the compensation to be
   7-11  paid the employees other than the general manager.  An employee may
   7-12  be removed by the board or by the general manager.
   7-13        (c)  The board shall require an employee who collects, pays,
   7-14  or handles any funds of the authority to furnish good and
   7-15  sufficient bond, payable to the authority, for a sufficient amount
   7-16  to safeguard the authority.  The bond shall be conditioned on the
   7-17  faithful performance of the employee's duties and on accounting for
   7-18  all funds and property of the authority.
   7-19        (d)  The bond may be signed by individual sureties or by a
   7-20  surety company authorized to do business in the state.
   7-21              ARTICLE 4.  POWERS AND DUTIES OF AUTHORITY
   7-22        Sec. 4.01.  GENERAL AUTHORITY.  The authority shall conserve,
   7-23  preserve, protect, and increase the recharge of and prevent the
   7-24  waste and pollution of underground water in the Edwards Aquifer.
   7-25        Sec. 4.02.  Contracts.  (a)  The authority may contract with
    8-1  any individual or public or private entity as necessary or
    8-2  appropriate to effectively exercise the powers and duties provided
    8-3  by this Act.
    8-4        (b)  Authority contracts shall be executed by the board in
    8-5  the name of the authority.
    8-6        Sec. 4.03.  ACQUISITION OF FACILITIES.  The authority may
    8-7  acquire lands and easements by purchase or by exercise of the power
    8-8  of eminent domain for the erection of dams and for the purpose of
    8-9  drilling and equipping in-put wells, and to drill, equip and
   8-10  operate in-put wells, construct dams, and to install pumps and
   8-11  other equipment necessary to recharge underground water-bearing
   8-12  formations.
   8-13        Sec. 4.04.  ACQUISITION OF WATER AND WATER RIGHTS FOR
   8-14  RECHARGE.  The authority may acquire by contract or purchase,
   8-15  waters and water rights determined by the board to be necessary or
   8-16  appropriate for conserving and recharging underground water-bearing
   8-17  formations and may appropriate water for recharge under Chapter 11,
   8-18  Water Code.
   8-19        Sec. 4.05.  SURVEYS AND INVESTIGATIONS.  The authority may
   8-20  employ professional engineers to survey the underground water
   8-21  reservoirs or subdivisions and the underground water-bearing
   8-22  formations and may undertake investigations to determine the
   8-23  movement of underground water and the quantity available for
   8-24  production and use and the improvements and developments needed in
   8-25  recharging underground water reservoirs or subdivisions and
    9-1  underground water-bearing strata.
    9-2        Sec. 4.06.  COMPREHENSIVE PLANS.  The authority shall develop
    9-3  comprehensive plans for the most efficient use of underground water
    9-4  and for the prevention of waste and pollution of underground water,
    9-5  shall collect and preserve information regarding the prevention of
    9-6  waste and pollution of underground water, and shall make the plans
    9-7  and information available to the public.
    9-8        Sec. 4.07.  SUITS.  The authority may institute and defend
    9-9  suits and proceedings before any court or any administrative body
   9-10  or agency, state or federal, in carrying out the purposes, powers,
   9-11  and functions of the authority.
   9-12        Sec. 4.08.  CONTRACTS WITH POLITICAL SUBDIVISIONS AND
   9-13  GOVERNMENTAL ENTITIES.  The authority may contract with and
   9-14  participate in joint efforts and projects with water districts,
   9-15  conservation districts, cities and towns, counties and municipal
   9-16  and governmental agencies, both state and federal, and with
   9-17  individuals and private corporations, for the purpose of
   9-18  conserving, protecting, recharging, or benefiting underground
   9-19  water-bearing formations within the authority and waters in those
   9-20  formations.
   9-21        Sec. 4.09.  DROUGHT MANAGEMENT PLAN.  (a)  The drought
   9-22  management plan of the authority is the drought management plan
   9-23  adopted on September 1, 1988, by the Edwards Underground Water
   9-24  District under Section 3(10), Chapter 99, Acts of the 56th
   9-25  Legislature, Regular Session, 1959 (Article 8280-219, Vernon's
   10-1  Texas Civil Statutes).  The authority shall implement and enforce
   10-2  that plan.
   10-3        (b)  The authority may amend the drought management plan.
   10-4        Sec. 4.10.  CONSERVATION AND REUSE.  (a)  The authority shall
   10-5  adopt and implement conservation and reuse plans, including
   10-6  conservation goals for residential, commercial, industrial, and
   10-7  agricultural users.
   10-8        (b)  A conservation or reuse plan adopted under this section
   10-9  shall set priorities for use as follows:
  10-10              (1)  domestic and municipal uses and irrigation;
  10-11              (2)  industrial uses;
  10-12              (3)  mining and recovery of minerals;
  10-13              (4)  hydroelectric power;
  10-14              (5)  navigation;
  10-15              (6)  recreation and pleasure; and
  10-16              (7)  other beneficial uses.
  10-17        (c)  A conservation or reuse plan adopted under this section
  10-18  applies to all municipalities within the territory of the
  10-19  authority.
  10-20        Sec. 4.11.  AUGMENTATION.  The authority shall develop and
  10-21  implement augmentation plans to maintain springflow or to replace
  10-22  springflow downstream from spring openings.
  10-23        Sec. 4.12.  RECHARGE DAMS.  (a)  The authority may build
  10-24  recharge dams in the recharge area of the aquifer.
  10-25        (b)  The commission shall determine the historic yield of
   11-1  floodwaters to the Nueces River basin.  The historical yield is
   11-2  equal to the lesser of:
   11-3              (1)  the average annual yield for the period from 1950
   11-4  to 1987; or
   11-5              (2)  the annual yield for 1987.
   11-6        (c)  Only the amount of floodwaters in excess of the historic
   11-7  yield as determined by the commission may be impounded by recharge
   11-8  dams under this section.
   11-9        Sec. 4.13.  SURFACE RESERVOIRS AND INTERBASIN
  11-10  TRANSFERS; ACQUISITION OF WATER RIGHTS.  (a)  The authority may
  11-11  build surface water reservoirs.
  11-12        (b)  The authority may contract to obtain interbasin
  11-13  transfers of water.
  11-14        (c)  The authority may purchase or lease water rights.
  11-15        (d)  The following water rights shall be granted to the
  11-16  authority:
  11-17              (1)  all water rights in Canyon Lake that are available
  11-18  for appropriation;
  11-19              (2)  all water newly developed and available after
  11-20  September 1, 1993, from floodwater or drainage; and
  11-21              (3)  all water rights that become available for
  11-22  appropriation after a cancellation proceeding brought by the
  11-23  commission relating to downstream rights in the Nueces, San
  11-24  Antonio, or Guadalupe-Blanco River basin.
  11-25        Sec. 4.14.  WATER MARKETS.  (a)  In order to make more water
   12-1  available during periods of reduced supply, the authority by rule
   12-2  shall establish guidelines under which the authority, a member
   12-3  district, a municipality, a river authority, or private downstream
   12-4  users either individually or in consortium may by contract with a
   12-5  surface owner who uses or produces water from the aquifer for
   12-6  irrigation obtain an option to require the owner not to use or
   12-7  produce water for irrigation during dry periods when additional
   12-8  water supplies are needed.
   12-9        (b)  A contract under this section may be executed for a
  12-10  period not to exceed five years and may be renewed.
  12-11        (c)  A contract to suspend use or production of water under
  12-12  this section does not affect the surface owner's right, after the
  12-13  expiration of the contract, to use or produce water from the
  12-14  aquifer in quantities equal to quantities used or produced by the
  12-15  owner before the date of the contract.
  12-16        Sec. 4.15.  FEES.  The authority may charge user fees,
  12-17  including permit fees and replenishment fees, to downstream users.
  12-18        Sec. 4.16.  TAXES.  The authority may not impose a tax.
  12-19        Sec. 4.17.  BONDS.  The authority may not issue bonds.
  12-20        Sec. 4.18.  RULES.  The authority shall adopt and enforce
  12-21  reasonable rules to carry out its powers and duties under this
  12-22  article.
  12-23        Sec. 4.19.  ENFORCEMENT.  The authority or a member district
  12-24  may enforce rules adopted by the authority under this article by
  12-25  injunction, mandatory injunction, or other appropriate remedy in a
   13-1  court of competent jurisdiction.
   13-2        Sec. 4.20.  ANNUAL AUDIT.  Annually, the board shall have an
   13-3  audit made of the financial condition of the authority.
   13-4   ARTICLE 5.  CREATION, DESIGNATION, AND POWERS OF MEMBER DISTRICTS
   13-5        Sec. 5.01.  DESIGNATION OF MEMBER DISTRICTS.  (a)  The Medina
   13-6  County Underground Water Conservation District, as validated by
   13-7  Chapter 177, Acts of the 72nd Legislature, Regular Session, 1991,
   13-8  is a member district.
   13-9        (b)  Each district created under this article and confirmed
  13-10  by an election as provided by this article is a member district.
  13-11        Sec. 5.02.  Creation of Other Member Districts.  (a)  An
  13-12  underground water conservation district is created in each of the
  13-13  following counties, subject to approval at a confirmation election
  13-14  under Section 5.11 of this Act:
  13-15              (1)  in Bexar County, the Bexar County Underground
  13-16  Water Conservation District;
  13-17              (2)  in Comal County, the Comal County Underground
  13-18  Water Conservation District;
  13-19              (3)  in Hays County, the Hays County Underground Water
  13-20  Conservation District; and
  13-21              (4)  in Uvalde County, the Uvalde County Underground
  13-22  Water Conservation District.
  13-23        (b)  Each district is a governmental agency and a body
  13-24  politic and corporate.
  13-25        (c)  Each district is created under and is essential to
   14-1  accomplish the purposes of Article XVI, Section 59, of the Texas
   14-2  Constitution.
   14-3        Sec. 5.03.  Definition.  In this article, "district" means an
   14-4  underground water conservation district created under this article.
   14-5        Sec. 5.04.  Boundaries.  (a)  The boundaries of the Bexar
   14-6  County Underground Water Conservation District are coextensive with
   14-7  the boundaries of Bexar County, Texas.
   14-8        (b)  The boundaries of the Comal County Underground Water
   14-9  Conservation District are coextensive with the boundaries of Comal
  14-10  County, Texas.
  14-11        (c)  The boundaries of the Hays County Underground Water
  14-12  Conservation District are coextensive with the boundaries of Hays
  14-13  County, Texas, except for that territory included in the Barton
  14-14  Springs-Edwards Aquifer Conservation District.
  14-15        (d)  The boundaries of the Uvalde County Underground Water
  14-16  Conservation District are coextensive with the boundaries of Uvalde
  14-17  County, Texas.
  14-18        Sec. 5.05.  FINDING OF BENEFIT.  All of the land and other
  14-19  property included within the boundaries of each district will be
  14-20  benefited by the works and projects that are to be accomplished by
  14-21  the district under powers conferred by Article XVI, Section 59, of
  14-22  the Texas Constitution.  The districts are created to serve a
  14-23  public use and benefit.
  14-24        Sec. 5.06.  POWERS.  Each district has all of the rights,
  14-25  powers, privileges, authority, functions, and duties provided by
   15-1  the general law of this state, including Chapters 50 and 52, Water
   15-2  Code, applicable to underground water conservation districts
   15-3  created under Article XVI, Section 59, of the Texas Constitution.
   15-4  This article prevails over any provision of general law that is in
   15-5  conflict or inconsistent with this article.
   15-6        Sec. 5.07.  ELECTION OF DIRECTORS.  (a)  The directors of
   15-7  each district shall be elected according to the single-member
   15-8  subdistrict method as provided by this article.
   15-9        (b)  One director shall be elected from each single-member
  15-10  subdistrict by the electors of that subdistrict.
  15-11        (c)  A person shall indicate on the application for a place
  15-12  on the ballot the single-member subdistrict that the person seeks
  15-13  to represent.
  15-14        (d)  Each district board of directors shall revise each
  15-15  single-member subdistrict after each federal decennial census to
  15-16  reflect population changes.   At the first election after the
  15-17  subdistricts are revised, a new director shall be elected from each
  15-18  subdistrict.  The directors shall draw lots to determine which two
  15-19  directors shall serve two-year terms and which three directors
  15-20  shall serve four-year terms.
  15-21        Sec. 5.08.  BOARD OF DIRECTORS.  (a)  Each district is
  15-22  governed by a board of five directors.
  15-23        (b)  A vacancy in the office of director shall be filled by
  15-24  appointment of the district board until the next election for
  15-25  directors.  If the position is not scheduled to be filled at the
   16-1  election, the person elected to fill the position shall serve only
   16-2  for the remainder of the unexpired term.
   16-3        (c)  To be eligible to serve as director, a person must be a
   16-4  registered voter in the subdistrict from which the person is
   16-5  elected or appointed.
   16-6        Sec. 5.09.  SERVICE OF DIRECTORS.  (a)  Temporary directors
   16-7  serve until initial directors are elected under Section 5.11.
   16-8        (b)  Initial directors serve until permanent directors are
   16-9  elected under Section 5.12.
  16-10        (c)  Permanent directors serve staggered four-year terms.
  16-11        (d)  Each director must qualify to serve as director in the
  16-12  manner provided by Sections 51.078 and 51.079, Water Code.
  16-13        (e)  A director serves until the director's successor has
  16-14  qualified.
  16-15        Sec. 5.10.  TEMPORARY DIRECTORS.  (a)  The temporary board of
  16-16  directors of the Bexar County Underground Water Conservation
  16-17  District is composed of:
  16-18              (1)  _____________
  16-19              (2)  _____________
  16-20              (3)  _____________
  16-21              (4)  _____________
  16-22              (5)  _____________
  16-23        (b)  The temporary board of directors of the Comal County
  16-24  Underground Water Conservation District is composed of:
  16-25              (1)  _______________
   17-1              (2)  _______________
   17-2              (3)  _______________
   17-3              (4)  _______________
   17-4              (5)  _______________
   17-5        (c)  The temporary board of directors of the Hays County
   17-6  Underground Water Conservation District is composed of:
   17-7              (1)  _______________
   17-8              (2)  _______________
   17-9              (3)  _______________
  17-10              (4)  _______________
  17-11              (5)  _______________
  17-12        (d)  The temporary board of directors of the Uvalde County
  17-13  Underground Water Conservation District is composed of:
  17-14              (1)  _______________
  17-15              (2)  _______________
  17-16              (3)  _______________
  17-17              (4)  _______________
  17-18              (5)  _______________
  17-19        (e)  If a temporary director of a district fails to qualify
  17-20  for office, the temporary directors of that district who have
  17-21  qualified shall appoint a person to fill the vacancy.  If at any
  17-22  time there are fewer than three qualified temporary directors for a
  17-23  district, the Texas Water Commission shall appoint the necessary
  17-24  number of persons to fill all vacancies on the district board.
  17-25        (f)  The temporary board of directors for each district shall
   18-1  establish five single-member subdistricts from which initial and
   18-2  permanent directors are elected.
   18-3        Sec. 5.11.  CONFIRMATION  AND INITIAL DIRECTORS' ELECTION.
   18-4  (a)  The temporary board of directors of each district shall call
   18-5  and hold an election to confirm establishment of the district and
   18-6  to elect five initial directors.
   18-7        (b)  A person, including a temporary director, who desires to
   18-8  be a candidate for the office of initial director for a district
   18-9  may file an application with the temporary board of the district to
  18-10  have the candidate's name printed on the ballot as provided by
  18-11  Section 52.107, Water Code.
  18-12        (c)  At the confirmation and initial directors' election for
  18-13  each district, the temporary board of directors shall have the name
  18-14  of any candidate filing for the office of director as provided by
  18-15  Subsection (b) of this section placed on the ballot and blank
  18-16  spaces to write in the names of other persons.  If the district is
  18-17  created at the election, the temporary directors, at the time the
  18-18  vote is canvassed, shall declare the person who receives the most
  18-19  votes in each subdistrict to be elected as director for that
  18-20  subdistrict and the person who receives the most votes in the
  18-21  district to be elected as director for the district at large.  The
  18-22  district shall include the results of the directors' election in
  18-23  its election report to the Texas Water Commission.
  18-24        (d)  Section 41.001(a), Election Code, does not apply to a
  18-25  confirmation and initial directors' election held as provided by
   19-1  this section.
   19-2        (e)  Except as provided by this section, a confirmation and
   19-3  initial directors' election must be conducted as provided by
   19-4  Sections 52.059(b)-(g), Water Code, and by the Election Code.
   19-5        Sec. 5.12.  ELECTION OF DIRECTORS.  On the first Saturday in
   19-6  May of the second year after the year in which the district is
   19-7  authorized to be created at a confirmation election, an election
   19-8  shall be held in each district for the election of two directors
   19-9  who shall each serve two-year terms and three  directors who shall
  19-10  each serve four-year terms.  Thereafter, on the same date in each
  19-11  subsequent second year, the appropriate number of directors shall
  19-12  be elected to each district board.
  19-13        Sec. 5.13.  EFFECT OF FAILURE TO CONFIRM CREATION OF
  19-14  DISTRICT.  If at the confirmation election for any district created
  19-15  under this article the majority of voters in the county vote
  19-16  against confirmation of the district and the district is not
  19-17  created, then:
  19-18              (1)  the commission shall exercise the powers of a
  19-19  district created under Chapter 52, Water Code, to conserve,
  19-20  preserve, protect, and increase the recharge of and prevent the
  19-21  waste and pollution of groundwater in that county; and
  19-22              (2)  the governor shall appoint any qualified voter in
  19-23  that county to the board of directors of the authority.
  19-24        Sec. 5.14.  ADDITIONAL POWERS AND DUTIES OF MEMBER DISTRICTS.
  19-25  (a)  A member district shall adopt and implement and may enforce
   20-1  rules and plans adopted by the authority under Article 4 of this
   20-2  Act.
   20-3        (b)  A member district must exercise its powers under Chapter
   20-4  52, Water Code, in conformity with any rule and plan adopted by the
   20-5  authority under Article 4 of this Act.
   20-6        (c)  If a member district and the authority have the same
   20-7  power or duty under Chapter 52, Water Code, and this Act, the
   20-8  district may contract with the authority to exercise the power or
   20-9  perform the duty for the district.
  20-10        (d)  A member district annually shall make available to the
  20-11  authority, in a form acceptable to the authority, all information
  20-12  relating to production and use of groundwater within the district
  20-13  that the district compiles under Chapter 52, Water Code.
  20-14        (e)  A member district may charge permit fees.
  20-15                 ARTICLE 6.  MISCELLANEOUS PROVISIONS
  20-16        Sec. 6.01.  FINDINGS RELATING TO PROCEDURAL  REQUIREMENTS.
  20-17  (a)  The proper and legal notice of the intention to introduce this
  20-18  Act, setting forth the general substance of this Act, has been
  20-19  published as provided by law, and the notice and a copy of this Act
  20-20  have been furnished to all persons, agencies, officials, or
  20-21  entities to which they are required to be furnished by the
  20-22  constitution and other laws of this state, including the governor,
  20-23  who has submitted the notice and Act to the Texas Water Commission.
  20-24        (b)  The Texas Water Commission has filed its recommendations
  20-25  relating to this Act with the governor, lieutenant governor, and
   21-1  speaker of the house of representatives within the required time.
   21-2        (c)  All requirements of the constitution and laws of this
   21-3  state and the rules and procedures of the legislature with respect
   21-4  to the notice, introduction, and passage of this Act are fulfilled
   21-5  and accomplished.
   21-6        Sec. 6.02.  REPEALER; TRANSFERS; RULES.  (a)  Chapter 99,
   21-7  Acts of the 56th Legislature, Regular Session, 1959 (Article
   21-8  8280-219, Vernon's Texas Civil Statutes), is repealed, and the
   21-9  Edwards Underground Water District is abolished.
  21-10        (b)  On the effective date of this Act:
  21-11              (1)  all files and records of the Edwards Underground
  21-12  Water District pertaining to control, management, and operation of
  21-13  the district are transferred from the Edwards Underground Water
  21-14  District to the Edwards Aquifer Regional Authority;
  21-15              (2)  all real property, leases, and rights of the
  21-16  Edwards Underground Water District are transferred to the Edwards
  21-17  Aquifer Regional Authority; and
  21-18              (3)  all unobligated and unexpended funds of the
  21-19  Edwards Underground Water District shall be transferred to the
  21-20  Edwards Aquifer Regional Authority.
  21-21        (c)  A rule adopted by the Edwards Underground Water District
  21-22  before the effective date of this Act that relates to management or
  21-23  control of the aquifer is, on the effective date of this Act, a
  21-24  rule of the Edwards Aquifer Regional Authority and remains in
  21-25  effect until amended or repealed by the authority.
   22-1        Sec. 6.03.  APPOINTMENT OF DIRECTORS OF AUTHORITY.  (a)  The
   22-2  governor shall appoint the temporary directors to the board of
   22-3  directors of the authority as soon as practicable after the
   22-4  effective date of this Act.
   22-5        (b)  The governor shall appoint initial directors to the
   22-6  board of directors of the authority as soon as practicable after
   22-7  the canvass of the last confirmation election held under Section
   22-8  5.11 of this Act is complete.
   22-9        (c)  The governor shall appoint permanent directors to the
  22-10  board of directors of the authority as soon as practicable after
  22-11  the canvass of the last election of first permanent directors held
  22-12  under Section 5.12 of this Act is complete.
  22-13        Sec. 6.04.  INVALIDATION OF PURPORTED DISTRICT.  (a)
  22-14  Notwithstanding any Act validating the purported creation of an
  22-15  underground water conservation district in Uvalde County that may
  22-16  be passed by the 73rd Legislature and notwithstanding the date on
  22-17  which such an Act may be passed, an underground water conservation
  22-18  district purportedly created in that county by a method other than
  22-19  a special law that is not a validating act or the procedures
  22-20  provided by Subchapter B, Chapter 52, Water Code, is illegally
  22-21  created and is not a district under law.
  22-22        (b)  Nothing in this Act imposes as an obligation on the
  22-23  Uvalde Underground Water Conservation District created under this
  22-24  Act an enforceable liability incurred by an underground water
  22-25  conservation district purportedly created in Uvalde County by any
   23-1  other method.
   23-2        Sec. 6.05.  EFFECTIVE DATE.  This Act takes effect September
   23-3  1, 1993.
   23-4        Sec. 6.06.  EMERGENCY.  The importance of this legislation
   23-5  and the crowded condition of the calendars in both houses create an
   23-6  emergency and an imperative public necessity that the
   23-7  constitutional rule requiring bills to be read on three several
   23-8  days in each house be suspended, and this rule is hereby suspended.