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.