By: Cuellar, H. H.B. No. 2874
73R8111 JJT-D
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 Simon Villarreal 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 Simon Villarreal Underground Water
1-8 Conservation District, is created in Webb 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 Simon Villarreal Underground Water Conservation District.
1-17 SECTION 3. BOUNDARIES. The boundaries of the district are
1-18 coextensive with the boundaries of Webb 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) Two members of the board are appointed by the governing
2-17 body of the city of Laredo.
2-18 (d) Three members of the board are appointed by the
2-19 commissioners court of Webb County.
2-20 (e) Each director must qualify to serve as director in the
2-21 manner provided by Sections 51.078 and 51.079, Water Code.
2-22 (f) A director serves until the director's successor has
2-23 qualified.
2-24 (g) If there is a vacancy on the board, the governing body
2-25 of the city of Laredo or the commissioners court of Webb County, as
2-26 appropriate, shall appoint a director to serve the remainder of the
2-27 term.
3-1 (h) The governing body of the city of Laredo or the
3-2 commissioners court of Webb County, as appropriate, shall appoint a
3-3 director to succeed a director appointed by that entity on or
3-4 before the date the director's term expires.
3-5 SECTION 7. CONFIRMATION ELECTION. (a) The initial board of
3-6 directors shall call and hold an election to confirm establishment
3-7 of the district.
3-8 (b) Section 41.001(a), Election Code, does not apply to a
3-9 confirmation election held as provided by this section.
3-10 (c) Except as provided by this section, a confirmation
3-11 election must be conducted as provided by Sections 52.059(b)-(g),
3-12 Water Code, and the Election Code.
3-13 SECTION 8. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. (a)
3-14 Not later than the 31st day after the effective date of this Act,
3-15 the governing body of the city of Laredo shall appoint:
3-16 (1) one director to serve a term that expires February
3-17 1, 1995; and
3-18 (2) one director to serve a term that expires February
3-19 1, 1997.
3-20 (b) Not later than the 31st day after the effective date of
3-21 this Act, the commissioners court of Webb County shall appoint:
3-22 (1) two directors to serve terms that expire February
3-23 1, 1995; and
3-24 (2) one director to serve a term that expires February
3-25 1, 1997.
3-26 SECTION 9. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
3-27 The proper and legal notice of the intention to introduce this Act,
4-1 setting forth the general substance of this Act, has been published
4-2 as provided by law, and the notice and a copy of this Act have been
4-3 furnished to all persons, agencies, officials, or entities to which
4-4 they are required to be furnished by the constitution and other
4-5 laws of this state, including the governor, who has submitted the
4-6 notice and Act to the Texas Water Commission.
4-7 (b) The Texas Water Commission has filed its recommendations
4-8 relating to this Act with the governor, lieutenant governor, and
4-9 speaker of the house of representatives within the required time.
4-10 (c) All requirements of the constitution and laws of this
4-11 state and the rules and procedures of the legislature with respect
4-12 to the notice, introduction, and passage of this Act are fulfilled
4-13 and accomplished.
4-14 SECTION 10. EMERGENCY. The importance of this legislation
4-15 and the crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.