H.B. No. 2862
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.