73R2575 MI-D
          By Counts                                             H.B. No. 2862
                                 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 Haskell/Knox County Underground
    1-4  Water 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 Haskell/Knox County Underground Water
    1-8  Conservation District, is created in Haskell and Knox counties,
    1-9  subject to approval at a confirmation election under Section 11 of
   1-10  this Act.  The district is a governmental agency and a body politic
   1-11  and 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 the
   1-16  Haskell/Knox County Underground Water Conservation District.
   1-17        SECTION 3.  Boundaries.  The boundaries of the district are
   1-18  coextensive with the boundaries of Haskell County and Knox County,
   1-19  Texas.
   1-20        SECTION 4.  FINDING OF BENEFIT.  All of the land and other
   1-21  property included within the boundaries of the district will be
   1-22  benefited by the works and projects that are to be accomplished by
   1-23  the district under powers conferred by Article XVI, Section 59, of
   1-24  the Texas Constitution.  The district is created to serve a public
    2-1  use and benefit.
    2-2        SECTION 5.  POWERS.  (a)  The district has all of the rights,
    2-3  powers, privileges, authority, functions, and duties provided by
    2-4  the general law of this state, including Chapters 50, 51, and 52,
    2-5  Water Code, applicable to underground water conservation districts
    2-6  created under Article XVI, Section 59, of the Texas Constitution.
    2-7  This Act prevails over any provision of general law that is in
    2-8  conflict or inconsistent with this Act.
    2-9        (b)  The rights, powers, privileges, authority, functions,
   2-10  and duties of the district are subject to the continuing right of
   2-11  supervision of the state to be exercised by and through the Texas
   2-12  Water Commission.
   2-13        SECTION 6.  BOARD OF DIRECTORS.  (a)  The district is
   2-14  governed by a board of 10 directors.
   2-15        (b)  A vacancy in the office of director shall be filled for
   2-16  the remainder of the unexpired term by appointment of the county
   2-17  commissioners of the county from which the person vacating the
   2-18  position was appointed.
   2-19        (c)  To be eligible to serve as director, a person must be 21
   2-20  years of age and a registered voter in the county from which the
   2-21  person is appointed.
   2-22        SECTION 7.  APPOINTMENT OF DIRECTORS.  (a)  The directors of
   2-23  the district shall be appointed by the county commissioners of each
   2-24  county as provided by this section.
   2-25        (b)  Five directors shall be appointed by the county
   2-26  commissioners of Haskell County.
   2-27        (c)  Five directors shall be appointed by the county
    3-1  commissioners of Knox County.
    3-2        (d)  The appropriate number of initial directors shall be
    3-3  appointed by the county commissioners of each county on or before
    3-4  the date on which the temporary board files the results of the
    3-5  election favoring creation of the district with the Texas Water
    3-6  Commission under Section 52.059(f), Water Code.
    3-7        (e)  The initial directors shall draw lots to determine which
    3-8  directors shall serve four-year terms and which directors shall
    3-9  serve two-year terms.  The directors shall draw lots so that half
   3-10  of the directors serve four-year terms and the remaining directors
   3-11  serve two-year terms.
   3-12        (f)  Permanent directors are appointed in the same manner as
   3-13  the original appointment.
   3-14        SECTION 8.  SERVICE OF DIRECTORS.  (a)  Temporary directors
   3-15  serve until initial directors are appointed under Section 7.
   3-16        (b)  Initial directors serve until permanent directors are
   3-17  appointed under Section 7.
   3-18        (c)  Permanent directors serve staggered four-year terms.
   3-19        (d)  Each director must qualify to serve as director in the
   3-20  manner provided by Sections 51.078 and 51.079, Water Code.
   3-21        (e)  A director serves until the director's successor has
   3-22  qualified.
   3-23        SECTION 9.  APPOINTMENT OF CHAIRMAN; VOTING POWER OF
   3-24  CHAIRMAN.  (a)  The chairman of the board of directors shall be
   3-25  appointed from among the directors in even-numbered years by the
   3-26  county commissioners of one county and in odd-numbered years by the
   3-27  county commissioners of the other county.  A designated
    4-1  representative from among the county commissioners of each county
    4-2  shall draw lots to determine which county appoints the initial
    4-3  chairman.
    4-4        (b)  The chairman may vote and may cast an additional vote to
    4-5  break a tie.
    4-6        SECTION 10.  TEMPORARY DIRECTORS.  (a)  The temporary board
    4-7  of directors is composed of:
    4-8              (1)  David Perdue
    4-9              (2)  Leonard Phipps
   4-10              (3)  Bobby Roberson
   4-11              (4)  Philip Homer
   4-12              (5)  Johnny Birkenfeld
   4-13              (6)  Beverly Roberson
   4-14              (7)  Billy Wayne Hester
   4-15              (8)  Ronnie Chapman
   4-16              (9)  J. R. Perry
   4-17              (10)  C. A. Turnbow
   4-18        (b)  If a temporary director fails to qualify for office, the
   4-19  temporary directors who have qualified shall appoint a person to
   4-20  fill the vacancy.
   4-21        SECTION 11.  CONFIRMATION ELECTION.  (a)  The temporary board
   4-22  of directors shall call and hold an election in each county to
   4-23  confirm establishment of the district.  The elections shall be held
   4-24  on the same day.
   4-25        (b)  The district is created if the majority of the votes
   4-26  cast in the election in each county favors the creation of the
   4-27  district.
    5-1        (c)  The district is defeated if a majority of the votes cast
    5-2  in the election in either county opposes the creation of the
    5-3  district.
    5-4        (d)  Section 41.001(a), Election Code, does not apply to a
    5-5  confirmation election held as provided by this section.
    5-6        (e)  Except as provided by this section, a confirmation
    5-7  election must be conducted as provided by Sections 52.059(b)-(g),
    5-8  Water Code, and by the Election Code.
    5-9        SECTION 12.  FINDINGS RELATING TO PROCEDURAL  REQUIREMENTS.
   5-10  (a)  The proper and legal notice of the intention to introduce this
   5-11  Act, setting forth the general substance of this Act, has been
   5-12  published as provided by law, and the notice and a copy of this Act
   5-13  have been furnished to all persons, agencies, officials, or
   5-14  entities to which they are required to be furnished by the
   5-15  constitution and other laws of this state, including the governor,
   5-16  who has submitted the notice and Act to the Texas Water Commission.
   5-17        (b)  The Texas Water Commission has filed its recommendations
   5-18  relating to this Act with the governor, lieutenant governor, and
   5-19  speaker of the house of representatives within the required time.
   5-20        (c)  All requirements of the constitution and laws of this
   5-21  state and the rules and procedures of the legislature with respect
   5-22  to the notice, introduction, and passage of this Act are fulfilled
   5-23  and accomplished.
   5-24        SECTION 13.  Emergency.  The importance of this legislation
   5-25  and the crowded condition of the calendars in both houses create an
   5-26  emergency and an imperative public necessity that the
   5-27  constitutional rule requiring bills to be read on three several
    6-1  days in each house be suspended, and this rule is hereby suspended,
    6-2  and that this Act take effect and be in force from and after its
    6-3  passage, and it is so enacted.