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.