By: Madla S.B. No. 1495
73R5656 MLR-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 Thelma Area Water District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Creation. (a) A conservation and reclamation
1-6 district, to be known as the Thelma Area Water District, is created
1-7 in Bexar and Wilson counties, subject to approval at a confirmation
1-8 election under Section 9 of this Act. The district is a
1-9 governmental agency and a body politic and corporate.
1-10 (b) The district is created under and is essential to
1-11 accomplish the purposes of Article XVI, Section 59, of the Texas
1-12 Constitution.
1-13 SECTION 2. Definition. In this Act, "district" means the
1-14 Thelma Area Water District.
1-15 SECTION 3. Boundaries. The district includes the territory
1-16 contained within the following area:
1-17 In Bexar County, beginning at a point where State Highway 16
1-18 intersects the county line between Bexar and Atascosa Counties;
1-19 THEN following State Highway 16 north until it intersects Loop 1604
1-20 S.;
1-21 THEN following S. Highway 1604 east to the point where it
1-22 intersects the San Antonio River;
1-23 THEN following the San Antonio River southeast to the point where
1-24 it intersects the Wilson County line;
2-1 THEN following the Wilson County line southwest to the point where
2-2 it intersects the Atascosa County line;
2-3 THEN following the Atascosa county line west to the point of
2-4 beginning; and
2-5 In Wilson County, the portion of the county contained in CCN 10641
2-6 filed with the Texas Water Commission.
2-7 SECTION 4. FINDINGS RELATING TO BOUNDARIES. The legislature
2-8 finds that the boundaries of the district form a closure. A
2-9 mistake in the boundaries in the legislative process does not
2-10 affect the organization, existence, or validity of the district,
2-11 the right of the district to levy and collect taxes, or the
2-12 legality or operation of the district or its governing body.
2-13 SECTION 5. FINDING OF BENEFIT. All of the land and other
2-14 property included within the boundaries of the district will be
2-15 benefited by the works and projects that are to be accomplished by
2-16 the district under powers conferred by Article XVI, Section 59, of
2-17 the Texas Constitution. The district is created to serve a public
2-18 use and benefit.
2-19 SECTION 6. POWERS. (a) The district has all of the rights,
2-20 powers, privileges, authority, functions, and duties provided by
2-21 the general law of this state, including Chapters 50 and 54, Water
2-22 Code, applicable to municipal utility districts created under
2-23 Article XVI, Section 59, of the Texas Constitution, including the
2-24 taxing and bonding authority provided under Chapters 50 and 54,
2-25 Water Code. This Act prevails over any provision of general law
2-26 that is in conflict or inconsistent with this Act.
2-27 (b) The rights, powers, privileges, authority, functions,
3-1 and duties of the district are subject to the continuing right of
3-2 supervision of the state to be exercised by and through the Texas
3-3 Water Commission.
3-4 SECTION 7. BOARD OF DIRECTORS. (a) The district is
3-5 governed by a board of five directors.
3-6 (b) Temporary directors serve until initial directors are
3-7 appointed by the Texas Water Commission under Section 10.
3-8 (c) Each director must qualify to serve as director in the
3-9 manner provided by Section 54.025 or 54.116, Water Code, as
3-10 appropriate.
3-11 (d) A director serves until the director's successor has
3-12 qualified.
3-13 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-14 directors is composed of:
3-15 (1) Jesse Huron;
3-16 (2) Jimmie Lopez;
3-17 (3) Richard Martinez;
3-18 (4) Antonio Rodriguez; and
3-19 (5) Rosa Zamora.
3-20 (b) If a temporary director fails to qualify for office, the
3-21 temporary directors who have qualified shall appoint a person to
3-22 fill the vacancy. If at any time there are fewer than three
3-23 qualified temporary directors, the Texas Water Commission shall
3-24 appoint the necessary number of persons to fill all vacancies on
3-25 the board.
3-26 SECTION 9. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
3-27 (a) The temporary board of directors shall call and hold an
4-1 election to confirm establishment of the district as provided by
4-2 Chapter 54, Water Code.
4-3 (b) Section 41.001(a), Election Code, does not apply to a
4-4 confirmation election held as provided by this section.
4-5 SECTION 10. APPOINTMENT OF DIRECTORS. Not later than the
4-6 60th day after the date of the confirmation election held under
4-7 Section 9, the Texas Water Commission shall appoint five initial
4-8 directors to serve a term expiring May 1, 1995. Thereafter, in
4-9 each subsequent second year, the Texas Water Commission shall
4-10 appoint five directors to the board.
4-11 SECTION 11. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
4-12 (a) The proper and legal notice of the intention to introduce this
4-13 Act, setting forth the general substance of this Act, has been
4-14 published as provided by law, and the notice and a copy of this Act
4-15 have been furnished to all persons, agencies, officials, or
4-16 entities to which they are required to be furnished by the
4-17 constitution and other laws of this state, including the governor,
4-18 who has submitted the notice and Act to the Texas Water Commission.
4-19 (b) The Texas Water Commission has filed its recommendations
4-20 relating to this Act with the governor, lieutenant governor, and
4-21 speaker of the house of representatives within the required time.
4-22 (c) All requirements of the constitution and laws of this
4-23 state and the rules and procedures of the legislature with respect
4-24 to the notice, introduction, and passage of this Act are fulfilled
4-25 and accomplished.
4-26 SECTION 12. Emergency. The importance of this legislation
4-27 and the crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended,
5-4 and that this Act take effect and be in force from and after its
5-5 passage, and it is so enacted.