H.B. No. 2866
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Jeff Davis County Underground Water
1-4 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 Jeff Davis County Underground Water
1-8 Conservation District, is created in Jeff Davis County, subject to
1-9 approval at a confirmation election under Section 7 of this Act.
1-10 The district is a governmental agency and a body politic and
1-11 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 Jeff Davis County Underground Water Conservation District.
1-17 SECTION 3. Boundaries. The boundaries of the district are
1-18 coextensive with Jeff Davis County.
1-19 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-20 property included within the boundaries of the district will be
1-21 benefited by the works and projects that are to be accomplished by
1-22 the district under powers conferred by Article XVI, Section 59, of
1-23 the Texas Constitution. The district is created to serve a public
1-24 use and benefit.
2-1 SECTION 5. POWERS. (a) The district has all of the rights,
2-2 powers, privileges, authority, functions, and duties provided by
2-3 the general law of this state, including Chapters 50 and 52, Water
2-4 Code, applicable to underground water conservation districts
2-5 created under Article XVI, Section 59, of the Texas Constitution.
2-6 This Act prevails over any provision of general law that is in
2-7 conflict or inconsistent with this Act.
2-8 (b) The rights, powers, privileges, authority, functions,
2-9 and duties of the district are subject to the continuing right of
2-10 supervision of the state to be exercised by and through the Texas
2-11 Water Commission.
2-12 SECTION 6. BOARD OF DIRECTORS. (a) The district is
2-13 governed by a board of five directors.
2-14 (b) Except for initial directors, a director serves a
2-15 four-year term.
2-16 (c) Five members of the board are appointed by the
2-17 Commissioners Court of Jeff Davis County.
2-18 (d) Each director must qualify to serve as director in the
2-19 manner provided by Sections 51.078 and 51.079, Water Code.
2-20 (e) A director serves until the director's successor has
2-21 qualified.
2-22 (f) If there is a vacancy on the board, the Commissioners
2-23 Court of Jeff Davis County shall appoint a director to serve the
2-24 remainder of the term.
2-25 (g) The Commissioners Court of Jeff Davis County shall
2-26 appoint a director to succeed a director appointed by that entity
2-27 on or before the date the director's term expires.
3-1 SECTION 7. CONFIRMATION ELECTION. (a) The initial board of
3-2 directors shall call and hold an election to confirm establishment
3-3 of the district.
3-4 (b) Section 41.001(a), Election Code, does not apply to a
3-5 confirmation election held as provided by this section.
3-6 (c) Except as provided by this section, a confirmation
3-7 election must be conducted as provided by Sections 52.059(b)-(g),
3-8 Water Code, and the Election Code.
3-9 SECTION 8. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. Not
3-10 later than the 31st day after the effective date of this Act, the
3-11 Commissioners Court of Jeff Davis County shall appoint:
3-12 (1) two directors to serve terms that expire February
3-13 1, 1995; and
3-14 (2) three directors to serve terms that expire
3-15 February 1, 1997.
3-16 SECTION 9. TAXING AUTHORITY. The district may not levy or
3-17 collect taxes in the district.
3-18 SECTION 10. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
3-19 (a) The proper and legal notice of the intention to introduce this
3-20 Act, setting forth the general substance of this Act, has been
3-21 published as provided by law, and the notice and a copy of this Act
3-22 have been furnished to all persons, agencies, officials, or
3-23 entities to which they are required to be furnished by the
3-24 constitution and other laws of this state, including the governor,
3-25 who has submitted the notice and Act to the Texas Water Commission.
3-26 (b) The Texas Water Commission has filed its recommendations
3-27 relating to this Act with the governor, lieutenant governor, and
4-1 speaker of the house of representatives within the required time.
4-2 (c) All requirements of the constitution and laws of this
4-3 state and the rules and procedures of the legislature with respect
4-4 to the notice, introduction, and passage of this Act are fulfilled
4-5 and accomplished.
4-6 SECTION 11. Emergency. The importance of this legislation
4-7 and the crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended,
4-11 and that this Act take effect and be in force from and after its
4-12 passage, and it is so enacted.