H.B. No. 2817 1-1 AN ACT 1-2 relating to the creation, administration, powers, duties, 1-3 operation, and financing of the Presidio County Underground Water 1-4 Conservation District. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Creation. (a) An underground water conservation 1-7 district, to be known as the Presidio County Underground Water 1-8 Conservation District, is created in Presidio County, subject to 1-9 approval at a confirmation election under Section 7 of this Act. 1-10 The district is a governmental agency and a body politic and 1-11 corporate. 1-12 (b) The district is created under and is essential to 1-13 accomplish the purposes of Article XVI, Section 59, of the Texas 1-14 Constitution. 1-15 SECTION 2. Definition. In this Act, "district" means the 1-16 Presidio County Underground Water Conservation District. 1-17 SECTION 3. Boundaries. The boundaries of the district are 1-18 coextensive with Presidio County. 1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-20 property included within the boundaries of the district will be 1-21 benefited by the works and projects that are to be accomplished by 1-22 the district under powers conferred by Article XVI, Section 59, of 1-23 the Texas Constitution. The district is created to serve a public 1-24 use and benefit. 2-1 SECTION 5. POWERS. (a) The district has all of the rights, 2-2 powers, privileges, authority, functions, and duties provided by 2-3 the general law of this state, including Chapters 50 and 52, Water 2-4 Code, applicable to underground water conservation districts 2-5 created under Article XVI, Section 59, of the Texas Constitution. 2-6 This Act prevails over any provision of general law that is in 2-7 conflict or inconsistent with this Act. 2-8 (b) The rights, powers, privileges, authority, functions, 2-9 and duties of the district are subject to the continuing right of 2-10 supervision of the state to be exercised by and through the Texas 2-11 Water Commission. 2-12 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-13 governed by a board of five directors. 2-14 (b) Except for initial directors, a director serves a 2-15 four-year term. 2-16 (c) Two members of the board shall represent the urban 2-17 interests and shall be appointed by the commissioners court of 2-18 Presidio County. 2-19 (d) Three members of the board shall represent agricultural 2-20 interests and shall be appointed by the commissioners court of 2-21 Presidio County. 2-22 (e) Each director must qualify to serve as director in the 2-23 manner provided by Sections 51.078 and 51.079, Water Code. 2-24 (f) A director serves until the director's successor has 2-25 qualified. 2-26 (g) If there is a vacancy on the board, the commissioners 2-27 court of Presidio County, as appropriate, shall appoint a director 3-1 to serve the remainder of the term. 3-2 (h) The commissioners court of Presidio County, as 3-3 appropriate, shall appoint a director to succeed a director 3-4 appointed by that entity on or before the date the director's term 3-5 expires. 3-6 SECTION 7. CONFIRMATION ELECTION. (a) The initial board of 3-7 directors shall call and hold an election to confirm establishment 3-8 of the district. 3-9 (b) Section 41.001(a), Election Code, does not apply to a 3-10 confirmation election held as provided by this section. 3-11 (c) Except as provided by this section, a confirmation 3-12 election must be conducted as provided by Sections 52.059(b)-(g), 3-13 Water Code, and the Election Code. 3-14 SECTION 8. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. (a) 3-15 Not later than the 31st day after the effective date of this Act, 3-16 the commissioners court of Presidio County shall appoint: 3-17 (1) one director to serve a term that expires February 3-18 1, 1995; and 3-19 (2) one director to serve a term that expires February 3-20 1, 1997. 3-21 (b) Not later than the 31st day after the effective date of 3-22 this Act, the commissioners court of Presidio County shall appoint: 3-23 (1) two directors to serve terms that expire February 3-24 1, 1995; and 3-25 (2) one director to serve a term that expires February 3-26 1, 1997. 3-27 SECTION 9. TAXING AUTHORITY. The district may not levy or 4-1 collect taxes on property in the district at a rate greater than 4-2 five cents on the $100 assessed valuation. The district may use 4-3 tax revenues only to pay for the maintenance and operation of the 4-4 district. 4-5 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 4-6 (a) The proper and legal notice of the intention to introduce this 4-7 Act, setting forth the general substance of this Act, has been 4-8 published as provided by law, and the notice and a copy of this Act 4-9 have been furnished to all persons, agencies, officials, or 4-10 entities to which they are required to be furnished by the 4-11 constitution and other laws of this state, including the governor, 4-12 who has submitted the notice and Act to the Texas Water Commission. 4-13 (b) The Texas Water Commission has filed its recommendations 4-14 relating to this Act with the governor, lieutenant governor, and 4-15 speaker of the house of representatives within the required time. 4-16 (c) All requirements of the constitution and laws of this 4-17 state and the rules and procedures of the legislature with respect 4-18 to the notice, introduction, and passage of this Act are fulfilled 4-19 and accomplished. 4-20 SECTION 11. EMERGENCY. The importance of this legislation 4-21 and the crowded condition of the calendars in both houses create an 4-22 emergency and an imperative public necessity that the 4-23 constitutional rule requiring bills to be read on three several 4-24 days in each house be suspended, and this rule is hereby suspended, 4-25 and that this Act take effect and be in force from and after its 4-26 passage, and it is so enacted.