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.