1-1 By: Gallego (Senate Sponsor - Zaffirini) H.B. No. 2817 1-2 (In the Senate - Received from the House May 22, 1993; 1-3 May 22, 1993, read first time and referred to Committee on Natural 1-4 Resources; May 25, 1993, reported favorably, as amended, by the 1-5 following vote: Yeas 8, Nays 0; May 25, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Sims x 1-9 Truan x 1-10 Armbrister x 1-11 Barrientos x 1-12 Bivins x 1-13 Brown x 1-14 Carriker x 1-15 Lucio x 1-16 Montford x 1-17 Ratliff x 1-18 Shelley x 1-19 COMMITTEE AMENDMENT NO. 1 By: Truan 1-20 Amend H.B. 2817 by striking SECTION 9 of the bill and substituting 1-21 the following language: 1-22 SECTION 9. TAXING AUTHORITY. The district may not levy or 1-23 collect taxes on property in the district at a rate greater than 1-24 five cents on the $100 assessed valuation. The district may use 1-25 tax revenues only to pay for the maintenance and operation of the 1-26 district. 1-27 A BILL TO BE ENTITLED 1-28 AN ACT 1-29 relating to the creation, administration, powers, duties, 1-30 operation, and financing of the Presidio County Underground Water 1-31 Conservation District. 1-32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-33 SECTION 1. Creation. (a) An underground water conservation 1-34 district, to be known as the Presidio County Underground Water 1-35 Conservation District, is created in Presidio County, subject to 1-36 approval at a confirmation election under Section 7 of this Act. 1-37 The district is a governmental agency and a body politic and 1-38 corporate. 1-39 (b) The district is created under and is essential to 1-40 accomplish the purposes of Article XVI, Section 59, of the Texas 1-41 Constitution. 1-42 SECTION 2. Definition. In this Act, "district" means the 1-43 Presidio County Underground Water Conservation District. 1-44 SECTION 3. Boundaries. The boundaries of the district are 1-45 coextensive with Presidio County. 1-46 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-47 property included within the boundaries of the district will be 1-48 benefited by the works and projects that are to be accomplished by 1-49 the district under powers conferred by Article XVI, Section 59, of 1-50 the Texas Constitution. The district is created to serve a public 1-51 use and benefit. 1-52 SECTION 5. POWERS. (a) The district has all of the rights, 1-53 powers, privileges, authority, functions, and duties provided by 1-54 the general law of this state, including Chapters 50 and 52, Water 1-55 Code, applicable to underground water conservation districts 1-56 created under Article XVI, Section 59, of the Texas Constitution. 1-57 This Act prevails over any provision of general law that is in 1-58 conflict or inconsistent with this Act. 1-59 (b) The rights, powers, privileges, authority, functions, 1-60 and duties of the district are subject to the continuing right of 1-61 supervision of the state to be exercised by and through the Texas 1-62 Water Commission. 1-63 SECTION 6. BOARD OF DIRECTORS. (a) The district is 1-64 governed by a board of five directors. 1-65 (b) Except for initial directors, a director serves a 1-66 four-year term. 1-67 (c) Two members of the board shall represent the urban 1-68 interests and shall be appointed by the commissioners court of 2-1 Presidio County. 2-2 (d) Three members of the board shall represent agricultural 2-3 interests and shall be appointed by the commissioners court of 2-4 Presidio County. 2-5 (e) Each director must qualify to serve as director in the 2-6 manner provided by Sections 51.078 and 51.079, Water Code. 2-7 (f) A director serves until the director's successor has 2-8 qualified. 2-9 (g) If there is a vacancy on the board, the commissioners 2-10 court of Presidio County, as appropriate, shall appoint a director 2-11 to serve the remainder of the term. 2-12 (h) The commissioners court of Presidio County, as 2-13 appropriate, shall appoint a director to succeed a director 2-14 appointed by that entity on or before the date the director's term 2-15 expires. 2-16 SECTION 7. CONFIRMATION ELECTION. (a) The initial board of 2-17 directors shall call and hold an election to confirm establishment 2-18 of the district. 2-19 (b) Section 41.001(a), Election Code, does not apply to a 2-20 confirmation election held as provided by this section. 2-21 (c) Except as provided by this section, a confirmation 2-22 election must be conducted as provided by Sections 52.059(b)-(g), 2-23 Water Code, and the Election Code. 2-24 SECTION 8. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. 2-25 (a) Not later than the 31st day after the effective date of this 2-26 Act, the commissioners court of Presidio County shall appoint: 2-27 (1) one director to serve a term that expires February 2-28 1, 1995; and 2-29 (2) one director to serve a term that expires February 2-30 1, 1997. 2-31 (b) Not later than the 31st day after the effective date of 2-32 this Act, the commissioners court of Presidio County shall appoint: 2-33 (1) two directors to serve terms that expire February 2-34 1, 1995; and 2-35 (2) one director to serve a term that expires February 2-36 1, 1997. 2-37 SECTION 9. TAXING AUTHORITY. The district may not levy or 2-38 collect taxes in the district. 2-39 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 2-40 (a) The proper and legal notice of the intention to introduce this 2-41 Act, setting forth the general substance of this Act, has been 2-42 published as provided by law, and the notice and a copy of this Act 2-43 have been furnished to all persons, agencies, officials, or 2-44 entities to which they are required to be furnished by the 2-45 constitution and other laws of this state, including the governor, 2-46 who has submitted the notice and Act to the Texas Water Commission. 2-47 (b) The Texas Water Commission has filed its recommendations 2-48 relating to this Act with the governor, lieutenant governor, and 2-49 speaker of the house of representatives within the required time. 2-50 (c) All requirements of the constitution and laws of this 2-51 state and the rules and procedures of the legislature with respect 2-52 to the notice, introduction, and passage of this Act are fulfilled 2-53 and accomplished. 2-54 SECTION 11. EMERGENCY. The importance of this legislation 2-55 and the crowded condition of the calendars in both houses create an 2-56 emergency and an imperative public necessity that the 2-57 constitutional rule requiring bills to be read on three several 2-58 days in each house be suspended, and this rule is hereby suspended, 2-59 and that this Act take effect and be in force from and after its 2-60 passage, and it is so enacted. 2-61 * * * * * 2-62 Austin, 2-63 Texas 2-64 May 25, 1993 2-65 Hon. Bob Bullock 2-66 President of the Senate 2-67 Sir: 2-68 We, your Committee on Natural Resources to which was referred H.B. 2-69 No. 2817, have had the same under consideration, and I am 2-70 instructed to report it back to the Senate with the recommendation 3-1 that it do pass, as amended, and be printed. 3-2 Sims, 3-3 Chairman 3-4 * * * * * 3-5 WITNESSES 3-6 No witnesses appeared on H.B. No. 2817.