1-1 By: Counts (Senate Sponsor - Carriker) H.B. No. 2862
1-2 (In the Senate - Received from the House May 10, 1993;
1-3 May 11, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 21, 1993, reported favorably by the following vote:
1-5 Yeas 9, Nays 0; May 21, 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 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the creation, administration, powers, duties,
1-22 operation, and financing of the Haskell/Knox County Underground
1-23 Water Conservation District.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Creation. (a) An underground water conservation
1-26 district, to be known as the Haskell/Knox County Underground Water
1-27 Conservation District, is created in Haskell and Knox counties,
1-28 subject to approval at a confirmation election under Section 11 of
1-29 this Act. The district is a governmental agency and a body politic
1-30 and corporate.
1-31 (b) The district is created under and is essential to
1-32 accomplish the purposes of Article XVI, Section 59, of the Texas
1-33 Constitution.
1-34 SECTION 2. Definition. In this Act, "district" means the
1-35 Haskell/Knox County Underground Water Conservation District.
1-36 SECTION 3. Boundaries. The boundaries of the district are
1-37 coextensive with the boundaries of Haskell County and Knox County,
1-38 Texas.
1-39 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-40 property included within the boundaries of the district will be
1-41 benefited by the works and projects that are to be accomplished by
1-42 the district under powers conferred by Article XVI, Section 59, of
1-43 the Texas Constitution. The district is created to serve a public
1-44 use and benefit.
1-45 SECTION 5. POWERS. (a) The district has all of the rights,
1-46 powers, privileges, authority, functions, and duties provided by
1-47 the general law of this state, including Chapters 50, 51, and 52,
1-48 Water Code, applicable to underground water conservation districts
1-49 created under Article XVI, Section 59, of the Texas Constitution.
1-50 This Act prevails over any provision of general law that is in
1-51 conflict or inconsistent with this Act.
1-52 (b) The rights, powers, privileges, authority, functions,
1-53 and duties of the district are subject to the continuing right of
1-54 supervision of the state to be exercised by and through the Texas
1-55 Water Commission.
1-56 SECTION 6. BOARD OF DIRECTORS. (a) The district is
1-57 governed by a board of 10 directors.
1-58 (b) A vacancy in the office of director shall be filled for
1-59 the remainder of the unexpired term by appointment of the county
1-60 commissioners of the county from which the person vacating the
1-61 position was appointed.
1-62 (c) To be eligible to serve as director, a person must be 21
1-63 years of age and a registered voter in the county from which the
1-64 person is appointed.
1-65 SECTION 7. APPOINTMENT OF DIRECTORS. (a) The directors of
1-66 the district shall be appointed by the county commissioners of each
1-67 county as provided by this section.
1-68 (b) Five directors shall be appointed by the county
2-1 commissioners of Haskell County.
2-2 (c) Five directors shall be appointed by the county
2-3 commissioners of Knox County.
2-4 (d) The appropriate number of initial directors shall be
2-5 appointed by the county commissioners of each county on or before
2-6 the date on which the temporary board files the results of the
2-7 election favoring creation of the district with the Texas Water
2-8 Commission under Section 52.059(f), Water Code.
2-9 (e) The initial directors shall draw lots to determine which
2-10 directors shall serve four-year terms and which directors shall
2-11 serve two-year terms. The directors shall draw lots so that half
2-12 of the directors serve four-year terms and the remaining directors
2-13 serve two-year terms.
2-14 (f) Permanent directors are appointed in the same manner as
2-15 the original appointment.
2-16 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
2-17 serve until initial directors are appointed under Section 7.
2-18 (b) Initial directors serve until permanent directors are
2-19 appointed under Section 7.
2-20 (c) Permanent directors serve staggered four-year terms.
2-21 (d) Each director must qualify to serve as director in the
2-22 manner provided by Sections 51.078 and 51.079, Water Code.
2-23 (e) A director serves until the director's successor has
2-24 qualified.
2-25 SECTION 9. APPOINTMENT OF CHAIRMAN; VOTING POWER OF
2-26 CHAIRMAN. (a) The chairman of the board of directors shall be
2-27 appointed from among the directors in even-numbered years by the
2-28 county commissioners of one county and in odd-numbered years by the
2-29 county commissioners of the other county. A designated
2-30 representative from among the county commissioners of each county
2-31 shall draw lots to determine which county appoints the initial
2-32 chairman.
2-33 (b) The chairman may vote and may cast an additional vote to
2-34 break a tie.
2-35 SECTION 10. TEMPORARY DIRECTORS. (a) The temporary board
2-36 of directors is composed of:
2-37 (1) David Perdue
2-38 (2) Leonard Phipps
2-39 (3) Bobby Roberson
2-40 (4) Philip Homer
2-41 (5) Johnny Birkenfeld
2-42 (6) Beverly Roberson
2-43 (7) Billy Wayne Hester
2-44 (8) Ronnie Chapman
2-45 (9) J. R. Perry
2-46 (10) C. A. Turnbow
2-47 (b) If a temporary director fails to qualify for office, the
2-48 temporary directors who have qualified shall appoint a person to
2-49 fill the vacancy.
2-50 SECTION 11. CONFIRMATION ELECTION. (a) The temporary board
2-51 of directors shall call and hold an election in each county to
2-52 confirm establishment of the district. The elections shall be held
2-53 on the same day.
2-54 (b) The district is created if the majority of the votes
2-55 cast in the election in each county favors the creation of the
2-56 district.
2-57 (c) The district is defeated if a majority of the votes cast
2-58 in the election in either county opposes the creation of the
2-59 district.
2-60 (d) Section 41.001(a), Election Code, does not apply to a
2-61 confirmation election held as provided by this section.
2-62 (e) Except as provided by this section, a confirmation
2-63 election must be conducted as provided by Sections 52.059(b)-(g),
2-64 Water Code, and by the Election Code.
2-65 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
2-66 (a) The proper and legal notice of the intention to introduce this
2-67 Act, setting forth the general substance of this Act, has been
2-68 published as provided by law, and the notice and a copy of this Act
2-69 have been furnished to all persons, agencies, officials, or
2-70 entities to which they are required to be furnished by the
3-1 constitution and other laws of this state, including the governor,
3-2 who has submitted the notice and Act to the Texas Water Commission.
3-3 (b) The Texas Water Commission has filed its recommendations
3-4 relating to this Act with the governor, lieutenant governor, and
3-5 speaker of the house of representatives within the required time.
3-6 (c) All requirements of the constitution and laws of this
3-7 state and the rules and procedures of the legislature with respect
3-8 to the notice, introduction, and passage of this Act are fulfilled
3-9 and accomplished.
3-10 SECTION 13. Emergency. The importance of this legislation
3-11 and the crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.
3-17 * * * * *
3-18 Austin,
3-19 Texas
3-20 May 21, 1993
3-21 Hon. Bob Bullock
3-22 President of the Senate
3-23 Sir:
3-24 We, your Committee on Natural Resources to which was referred H.B.
3-25 No. 2862, have had the same under consideration, and I am
3-26 instructed to report it back to the Senate with the recommendation
3-27 that it do pass and be printed.
3-28 Sims,
3-29 Chairman
3-30 * * * * *
3-31 WITNESSES
3-32 No witnesses appeared on H.B. No. 2862.