1-1 By: Cuellar of Webb (Senate Sponsor - Zaffirini) H.B. No. 2874 1-2 (In the Senate - Received from the House May 17, 1993; 1-3 May 19, 1993, read first time and referred to Committee on Natural 1-4 Resources; May 25, 1993, reported favorably by the following vote: 1-5 Yeas 8, Nays 0; May 25, 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 Simon Villarreal Underground Water 1-23 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 Simon Villarreal Underground Water 1-27 Conservation District, is created in Webb County, subject to 1-28 approval at a confirmation election under Section 7 of this Act. 1-29 The district is a governmental agency and a body politic and 1-30 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 Simon Villarreal Underground Water Conservation District. 1-36 SECTION 3. BOUNDARIES. The boundaries of the district are 1-37 coextensive with the boundaries of Webb County. 1-38 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-39 property included within the boundaries of the district will be 1-40 benefited by the works and projects that are to be accomplished by 1-41 the district under powers conferred by Article XVI, Section 59, of 1-42 the Texas Constitution. The district is created to serve a public 1-43 use and benefit. 1-44 SECTION 5. POWERS. (a) The district has all of the rights, 1-45 powers, privileges, authority, functions, and duties provided by 1-46 the general law of this state, including Chapters 50 and 52, Water 1-47 Code, applicable to underground water conservation districts 1-48 created under Article XVI, Section 59, of the Texas Constitution. 1-49 This Act prevails over any provision of general law that is in 1-50 conflict or inconsistent with this Act. 1-51 (b) The rights, powers, privileges, authority, functions, 1-52 and duties of the district are subject to the continuing right of 1-53 supervision of the state to be exercised by and through the Texas 1-54 Water Commission. 1-55 SECTION 6. BOARD OF DIRECTORS. (a) The district is 1-56 governed by a board of five directors. 1-57 (b) Except for initial directors, a director serves a 1-58 four-year term. 1-59 (c) Two members of the board are appointed by the governing 1-60 body of the city of Laredo. 1-61 (d) Three members of the board are appointed by the 1-62 commissioners court of Webb County. 1-63 (e) Each director must qualify to serve as director in the 1-64 manner provided by Sections 51.078 and 51.079, Water Code. 1-65 (f) A director serves until the director's successor has 1-66 qualified. 1-67 (g) If there is a vacancy on the board, the governing body 1-68 of the city of Laredo or the commissioners court of Webb County, as 2-1 appropriate, shall appoint a director to serve the remainder of the 2-2 term. 2-3 (h) The governing body of the city of Laredo or the 2-4 commissioners court of Webb County, as appropriate, shall appoint a 2-5 director to succeed a director appointed by that entity on or 2-6 before the date the director's term expires. 2-7 SECTION 7. CONFIRMATION ELECTION. (a) The initial board of 2-8 directors shall call and hold an election to confirm establishment 2-9 of the district. 2-10 (b) Section 41.001(a), Election Code, does not apply to a 2-11 confirmation election held as provided by this section. 2-12 (c) Except as provided by this section, a confirmation 2-13 election must be conducted as provided by Sections 52.059(b)-(g), 2-14 Water Code, and the Election Code. 2-15 SECTION 8. APPOINTMENT AND TERMS OF INITIAL DIRECTORS. 2-16 (a) Not later than the 31st day after the effective date of this 2-17 Act, the governing body of the city of Laredo shall appoint: 2-18 (1) one director to serve a term that expires February 2-19 1, 1995; and 2-20 (2) one director to serve a term that expires February 2-21 1, 1997. 2-22 (b) Not later than the 31st day after the effective date of 2-23 this Act, the commissioners court of Webb County shall appoint: 2-24 (1) two directors to serve terms that expire February 2-25 1, 1995; and 2-26 (2) one director to serve a term that expires February 2-27 1, 1997. 2-28 SECTION 9. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 2-29 (a) The proper and legal notice of the intention to introduce this 2-30 Act, setting forth the general substance of this Act, has been 2-31 published as provided by law, and the notice and a copy of this Act 2-32 have been furnished to all persons, agencies, officials, or 2-33 entities to which they are required to be furnished by the 2-34 constitution and other laws of this state, including the governor, 2-35 who has submitted the notice and Act to the Texas Water Commission. 2-36 (b) The Texas Water Commission has filed its recommendations 2-37 relating to this Act with the governor, lieutenant governor, and 2-38 speaker of the house of representatives within the required time. 2-39 (c) All requirements of the constitution and laws of this 2-40 state and the rules and procedures of the legislature with respect 2-41 to the notice, introduction, and passage of this Act are fulfilled 2-42 and accomplished. 2-43 SECTION 10. EMERGENCY. The importance of this legislation 2-44 and the crowded condition of the calendars in both houses create an 2-45 emergency and an imperative public necessity that the 2-46 constitutional rule requiring bills to be read on three several 2-47 days in each house be suspended, and this rule is hereby suspended, 2-48 and that this Act take effect and be in force from and after its 2-49 passage, and it is so enacted. 2-50 * * * * * 2-51 Austin, 2-52 Texas 2-53 May 25, 1993 2-54 Hon. Bob Bullock 2-55 President of the Senate 2-56 Sir: 2-57 We, your Committee on Natural Resources to which was referred H.B. 2-58 No. 2874, have had the same under consideration, and I am 2-59 instructed to report it back to the Senate with the recommendation 2-60 that it do pass and be printed. 2-61 Sims, 2-62 Chairman 2-63 * * * * * 2-64 WITNESSES 2-65 No witnesses appeared on H.B. No. 2874.