By Gallego H.B. No. 2817
Substitute the following for H.B. No. 2817:
By Yost C.S.H.B. No. 2817
A BILL TO BE ENTITLED
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 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 in the district.
4-2 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-3 (a) The proper and legal notice of the intention to introduce this
4-4 Act, setting forth the general substance of this Act, has been
4-5 published as provided by law, and the notice and a copy of this Act
4-6 have been furnished to all persons, agencies, officials, or
4-7 entities to which they are required to be furnished by the
4-8 constitution and other laws of this state, including the governor,
4-9 who has submitted the notice and Act to the Texas Water Commission.
4-10 (b) The Texas Water Commission has filed its recommendations
4-11 relating to this Act with the governor, lieutenant governor, and
4-12 speaker of the house of representatives within the required time.
4-13 (c) All requirements of the constitution and laws of this
4-14 state and the rules and procedures of the legislature with respect
4-15 to the notice, introduction, and passage of this Act are fulfilled
4-16 and accomplished.
4-17 SECTION 11. EMERGENCY. The importance of this legislation
4-18 and the crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended,
4-22 and that this Act take effect and be in force from and after its
4-23 passage, and it is so enacted.