H.B. No. 846
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Garza County Underground and Fresh
1-4 Water 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 Garza County Underground and Fresh
1-8 Water Conservation District, is created in Garza County, subject to
1-9 approval at a confirmation election under Section 10 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 Section 59, Article XVI, Texas
1-14 Constitution.
1-15 SECTION 2. Definition. In this Act, "district" means the
1-16 Garza County Underground and Fresh Water Conservation District.
1-17 SECTION 3. Boundaries. The boundaries of the district are
1-18 coextensive with the boundaries of Garza County, Texas.
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 Section 59, Article XVI,
1-23 Texas Constitution. The district is created to serve a public use
1-24 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 Section 59, Article XVI, Texas Constitution, and by
2-6 Chapter 51, Water Code. This Act prevails over any provision of
2-7 general law that is in 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 Natural Resource Conservation Commission.
2-12 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
2-13 district shall be elected according to the commissioners precinct
2-14 method as provided by this Act.
2-15 (b) One director shall be elected by the electors of the
2-16 entire district, and one director shall be elected from each county
2-17 commissioners precinct by the electors of that precinct.
2-18 (c) A person shall indicate on the application for a place
2-19 on the ballot the precinct that the person seeks to represent or
2-20 that the person seeks to represent the district at large.
2-21 (d) At the first election after the county commissioners
2-22 precincts are redrawn under Section 18, Article V, Texas
2-23 Constitution, four new directors shall be elected to represent the
2-24 precincts. The directors elected shall draw lots to determine
2-25 their terms.
2-26 SECTION 7. BOARD OF DIRECTORS. (a) The district is
2-27 governed by a board of five directors.
3-1 (b) A vacancy in the office of director shall be filled by
3-2 appointment of the board until the next election for directors. If
3-3 the position is not scheduled to be filled at the election, the
3-4 person elected to fill the position shall serve only for the
3-5 remainder of the unexpired term.
3-6 (c) To be eligible to serve as director, a person must be a
3-7 registered voter in the precinct from which the person is elected
3-8 or appointed if representing a precinct or in the district if
3-9 representing the district at large.
3-10 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
3-11 serve until initial directors are elected under Section 10 of this
3-12 Act.
3-13 (b) Initial directors serve until permanent directors are
3-14 elected under Section 11 of this Act.
3-15 (c) Permanent directors serve staggered four-year terms.
3-16 (d) Each director must qualify to serve as director in the
3-17 manner provided by Sections 51.078 and 51.079, Water Code.
3-18 (e) A director serves until the director's successor has
3-19 qualified.
3-20 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
3-21 directors is composed of:
3-22 (1) Albert Stone - at large
3-23 (2) Farrell Wheeler - Precinct No. 1
3-24 (3) Ronald Thuett - Precinct No. 2
3-25 (4) Bill Carlile - Precinct No. 3
3-26 (5) Lester Josey - Precinct No. 4
3-27 (b) If a temporary director fails to qualify for office, the
4-1 temporary directors who have qualified shall appoint a person to
4-2 fill the vacancy. If at any time there are fewer than three
4-3 qualified temporary directors, the Texas Natural Resource
4-4 Conservation Commission shall appoint the necessary number of
4-5 persons to fill all vacancies on the board.
4-6 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-7 (a) The temporary board of directors shall call and hold an
4-8 election to confirm establishment of the district and to elect five
4-9 initial directors.
4-10 (b) A person, including a temporary director, who desires to
4-11 be a candidate for the office of initial director may file an
4-12 application with the temporary board to have the candidate's name
4-13 printed on the ballot as provided by Section 52.107, Water Code.
4-14 (c) At the confirmation and initial directors' election, the
4-15 temporary board of directors shall have the name of any candidate
4-16 filing for the office of director as provided by Subsection (b) of
4-17 this section placed on the ballot and blank spaces to write in the
4-18 names of other persons. If the district is created at the
4-19 election, the temporary directors, at the time the vote is
4-20 canvassed, shall declare the person who receives the most votes in
4-21 each precinct to be elected as director for that precinct and the
4-22 person who receives the most votes in the district to be elected as
4-23 director for the district at large. The district shall include the
4-24 results of the directors' election in its election report to the
4-25 Texas Natural Resource Conservation Commission.
4-26 (d) Section 41.001(a), Election Code, does not apply to a
4-27 confirmation and initial directors' election held as provided by
5-1 this section.
5-2 (e) Except as provided by this section, a confirmation and
5-3 initial directors' election must be conducted as provided by
5-4 Sections 52.059(b)-(g), Water Code, and by the Election Code.
5-5 SECTION 11. ELECTION OF DIRECTORS. On the first Saturday in
5-6 May of the second year after the year in which the district is
5-7 authorized to be created at a confirmation election, an election
5-8 shall be held in the district for the election of the directors for
5-9 Precinct Nos. 1 and 3, who shall each serve two-year terms, and the
5-10 directors for Precinct Nos. 2 and 4 and for the district at large,
5-11 who shall each serve four-year terms. Thereafter, on the first
5-12 Saturday in May in each subsequent second year, the appropriate
5-13 number of directors shall be elected to the board.
5-14 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
5-15 (a) The proper and legal notice of the intention to introduce this
5-16 Act, setting forth the general substance of this Act, has been
5-17 published as provided by law, and the notice and a copy of this Act
5-18 have been furnished to all persons, agencies, officials, or
5-19 entities to which they are required to be furnished by the
5-20 constitution and other laws of this state, including the governor,
5-21 who has submitted the notice and Act to the Texas Natural Resource
5-22 Conservation Commission.
5-23 (b) The Texas Natural Resource Conservation Commission has
5-24 filed its recommendations relating to this Act with the governor,
5-25 lieutenant governor, and speaker of the house of representatives
5-26 within the required time.
5-27 (c) All requirements of the constitution and laws of this
6-1 state and the rules and procedures of the legislature with respect
6-2 to the notice, introduction, and passage of this Act are fulfilled
6-3 and accomplished.
6-4 SECTION 13. Emergency. The importance of this legislation
6-5 and the crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended,
6-9 and that this Act take effect and be in force from and after its
6-10 passage, and it is so enacted.