By: Barrientos S.B. No. 1360
73R5382 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to changing the composition of the Lower Colorado River
1-3 Authority board of directors by adding a board member who resides
1-4 in the watershed of the Colorado River in Hays County.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1, Chapter 7, Acts of the 43rd
1-7 Legislature, 4th Called Session, 1934 (Article 8280-107, Vernon's
1-8 Texas Civil Statutes), is amended to read as follows:
1-9 Sec. 1. There is hereby created within the State of Texas,
1-10 in addition to the districts into which the state has heretofore
1-11 been divided, a conservation and reclamation district to be known
1-12 as "Lower Colorado River Authority" (hereinafter called the
1-13 district) and consisting of that part of the State of Texas which
1-14 is included within the boundaries of the counties of Blanco,
1-15 Burnet, Llano, Travis, Bastrop, Fayette, Colorado, Wharton, San
1-16 Saba and Matagorda and that part of Hays County that is within the
1-17 watershed of the Colorado River. Such district shall be and is
1-18 hereby declared to be a governmental agency and body politic and
1-19 corporate, with the powers of government and with the authority to
1-20 exercise the rights, privileges and functions hereinafter
1-21 specified, and the creation of such district is hereby determined
1-22 to be essential to the accomplishment of the purposes of Section 59
1-23 of Article 16 of the Constitution of the State of Texas, including
1-24 the control, storing, preservation and distribution of the waters
2-1 of the Colorado River and its tributaries within the boundaries of
2-2 the district for irrigation, generation of electric energy and
2-3 power and other useful purposes, the reclamation and irrigation of
2-4 arid, semi-arid and other lands needing irrigation, the development
2-5 of parks on lands owned or hereafter acquired by the district, and
2-6 the conservation and development of the forests, water and electric
2-7 power in the State of Texas. Nothing in this Act or in any other
2-8 act or law contained, however, shall be construed as authorizing
2-9 the district to levy or collect taxes, or to create any
2-10 indebtedness payable out of taxes, or in any way to pledge the
2-11 credit of the state.
2-12 SECTION 2. Section 4(a), Chapter 7, Acts of the 43rd
2-13 Legislature, 4th Called Session, 1934 (Article 8280-107, Vernon's
2-14 Texas Civil Statutes), is amended to read as follows:
2-15 (a) The powers, rights, privileges and functions of the
2-16 district shall be exercised by a board of 15 directors (herein
2-17 called the "board"), consisting of <at least> one director from
2-18 each of the counties named in Section 1 of the Lower Colorado River
2-19 Authority Act, with the exception of Travis County, which shall
2-20 have two directors, and Hays County, which may have one additional
2-21 director. At least one director from Hays County must reside
2-22 within the watershed of the Colorado River. If a second director
2-23 from Hays County is appointed, the second director may not reside
2-24 within the watershed of the Colorado River. Three directors shall
2-25 be appointed at large. An at-large director must be from a county
2-26 served with electric power by the Lower Colorado River Authority
2-27 and, with the exception of Hays County, may not be from a county
3-1 included in Section 1 of this Act. <There shall be three directors
3-2 appointed at large by the governor with the advice and consent of
3-3 the senate from the counties served with electric power, other than
3-4 those counties included in Section 1 of the Lower Colorado River
3-5 Authority Act.> No director appointed at large shall serve for a
3-6 period of more than six consecutive years. No county, other than
3-7 those included in Section 1 of the Lower Colorado River Authority
3-8 Act, shall be represented on the board for more than six
3-9 consecutive years. No county, other than Travis, shall have two
3-10 directors for a period greater than six consecutive years. All
3-11 such directors shall be appointed by the governor with the advice
3-12 and consent of the senate for staggered terms of six years with
3-13 five members' terms expiring on February 1 of each odd-numbered
3-14 year; provided that each director shall be a resident of and
3-15 freehold property taxpayer of the county from which he is appointed
3-16 and shall have been such for not less than two years next preceding
3-17 such appointment. <Not more than two of such directors shall be
3-18 residents of the same county.> No person shall be eligible for
3-19 such appointment if he has, during the preceding three years before
3-20 his appointment been employed by an electric power and light
3-21 company, telephone company, or any other utility company.
3-22 SECTION 3. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.