By: Gallego H.B. No. 2817 73R678 MLR-D 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 8 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 1-16 the 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) Temporary directors serve until initial permanent 2-15 directors are elected under Section 8 of this Act. 2-16 (c) Initial permanent directors serve until permanent 2-17 directors are elected under Section 9 of this Act. 2-18 (d) Permanent directors other than initial permanent 2-19 directors serve staggered four-year terms. 2-20 (e) Each director must qualify to serve as director in the 2-21 manner provided by Sections 51.078 and 51.079, Water Code. 2-22 (f) A director serves until the director's successor has 2-23 qualified. 2-24 SECTION 7. TEMPORARY DIRECTORS. (a) The Commissioners 2-25 Court of Presidio County shall appoint a temporary board of five 2-26 directors. 2-27 (b) If a temporary director fails to qualify for office or 3-1 if a vacancy occurs on the temporary board, the commissioners court 3-2 shall appoint a person to fill the vacancy. 3-3 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 3-4 (a) The temporary board of directors shall call and hold an 3-5 election to confirm establishment of the district and to elect five 3-6 initial directors. 3-7 (b) A person who desires to be a candidate for the office of 3-8 initial director may file an application with the temporary board 3-9 to have the candidate's name printed on the ballot as provided by 3-10 Section 51.075, Water Code. 3-11 (c) At the confirmation and initial directors' election, the 3-12 temporary board of directors shall have the names of the five 3-13 persons serving as temporary directors placed on the ballot 3-14 together with the name of any candidate filing for the office of 3-15 director as provided by Subsection (b) of this section and blank 3-16 spaces to write in the names of other persons. If the district is 3-17 created at the election, the temporary directors, at the time the 3-18 vote is canvassed, shall declare the five persons who receive the 3-19 most votes to be elected as the initial directors and shall include 3-20 the results of the directors' election in its election report to 3-21 the Texas Water Commission. 3-22 (d) Section 41.001(a), Election Code, does not apply to a 3-23 confirmation and initial directors' election held as provided by 3-24 this section. 3-25 (e) Except as provided by this section, a confirmation and 3-26 initial directors' election must be conducted as provided by 3-27 Sections 52.059(b)-(g), Water Code, and the Election Code. 4-1 SECTION 9. ELECTION OF DIRECTORS. On the first Saturday in 4-2 May of the second year after the year in which the district is 4-3 authorized to be created at a confirmation election, an election 4-4 shall be held in the district for the election of two directors who 4-5 shall each serve two-year terms and three directors who shall each 4-6 serve four-year terms. Thereafter, on the same date in each 4-7 subsequent second year, the appropriate number of directors shall 4-8 be elected to the board. 4-9 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 4-10 (a) The proper and legal notice of the intention to introduce this 4-11 Act, setting forth the general substance of this Act, has been 4-12 published as provided by law, and the notice and a copy of this Act 4-13 have been furnished to all persons, agencies, officials, or 4-14 entities to which they are required to be furnished by the 4-15 constitution and other laws of this state, including the governor, 4-16 who has submitted the notice and Act to the Texas Water Commission. 4-17 (b) The Texas Water Commission has filed its recommendations 4-18 relating to this Act with the governor, lieutenant governor, and 4-19 speaker of the house of representatives within the required time. 4-20 (c) All requirements of the constitution and laws of this 4-21 state and the rules and procedures of the legislature with respect 4-22 to the notice, introduction, and passage of this Act are fulfilled 4-23 and accomplished. 4-24 SECTION 11. Emergency. The importance of this legislation 4-25 and the crowded condition of the calendars in both houses create an 4-26 emergency and an imperative public necessity that the 4-27 constitutional rule requiring bills to be read on three several 5-1 days in each house be suspended, and this rule is hereby suspended, 5-2 and that this Act take effect and be in force from and after its 5-3 passage, and it is so enacted.