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.