1-1 By: Counts (Senate Sponsor - Montford) H.B. No. 846
1-2 (In the Senate - Received from the House April 3, 1995;
1-3 April 4, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 3, 1995, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; May 3, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation, administration, powers, duties,
1-9 operation, and financing of the Garza County Underground and Fresh
1-10 Water Conservation District.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Creation. (a) An underground water conservation
1-13 district, to be known as the Garza County Underground and Fresh
1-14 Water Conservation District, is created in Garza County, subject to
1-15 approval at a confirmation election under Section 10 of this Act.
1-16 The district is a governmental agency and a body politic and
1-17 corporate.
1-18 (b) The district is created under and is essential to
1-19 accomplish the purposes of Section 59, Article XVI, Texas
1-20 Constitution.
1-21 SECTION 2. Definition. In this Act, "district" means the
1-22 Garza County Underground and Fresh Water Conservation District.
1-23 SECTION 3. Boundaries. The boundaries of the district are
1-24 coextensive with the boundaries of Garza County, Texas.
1-25 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-26 property included within the boundaries of the district will be
1-27 benefited by the works and projects that are to be accomplished by
1-28 the district under powers conferred by Section 59, Article XVI,
1-29 Texas Constitution. The district is created to serve a public use
1-30 and benefit.
1-31 SECTION 5. POWERS. (a) The district has all of the rights,
1-32 powers, privileges, authority, functions, and duties provided by
1-33 the general law of this state, including Chapters 50 and 52, Water
1-34 Code, applicable to underground water conservation districts
1-35 created under Section 59, Article XVI, Texas Constitution, and by
1-36 Chapter 51, Water Code. This Act prevails over any provision of
1-37 general law that is in conflict or inconsistent with this Act.
1-38 (b) The rights, powers, privileges, authority, functions,
1-39 and duties of the district are subject to the continuing right of
1-40 supervision of the state to be exercised by and through the Texas
1-41 Natural Resource Conservation Commission.
1-42 SECTION 6. ELECTION OF DIRECTORS. (a) The directors of the
1-43 district shall be elected according to the commissioners precinct
1-44 method as provided by this Act.
1-45 (b) One director shall be elected by the electors of the
1-46 entire district, and one director shall be elected from each county
1-47 commissioners precinct by the electors of that precinct.
1-48 (c) A person shall indicate on the application for a place
1-49 on the ballot the precinct that the person seeks to represent or
1-50 that the person seeks to represent the district at large.
1-51 (d) At the first election after the county commissioners
1-52 precincts are redrawn under Section 18, Article V, Texas
1-53 Constitution, four new directors shall be elected to represent the
1-54 precincts. The directors elected shall draw lots to determine
1-55 their terms.
1-56 SECTION 7. BOARD OF DIRECTORS. (a) The district is
1-57 governed by a board of five directors.
1-58 (b) A vacancy in the office of director shall be filled by
1-59 appointment of the board until the next election for directors. If
1-60 the position is not scheduled to be filled at the election, the
1-61 person elected to fill the position shall serve only for the
1-62 remainder of the unexpired term.
1-63 (c) To be eligible to serve as director, a person must be a
1-64 registered voter in the precinct from which the person is elected
1-65 or appointed if representing a precinct or in the district if
1-66 representing the district at large.
1-67 SECTION 8. SERVICE OF DIRECTORS. (a) Temporary directors
1-68 serve until initial directors are elected under Section 10 of this
2-1 Act.
2-2 (b) Initial directors serve until permanent directors are
2-3 elected under Section 11 of this Act.
2-4 (c) Permanent directors serve staggered four-year terms.
2-5 (d) Each director must qualify to serve as director in the
2-6 manner provided by Sections 51.078 and 51.079, Water Code.
2-7 (e) A director serves until the director's successor has
2-8 qualified.
2-9 SECTION 9. TEMPORARY DIRECTORS. (a) The temporary board of
2-10 directors is composed of:
2-11 (1) Albert Stone - at large
2-12 (2) Farrell Wheeler - Precinct No. 1
2-13 (3) Ronald Thuett - Precinct No. 2
2-14 (4) Bill Carlile - Precinct No. 3
2-15 (5) Lester Josey - Precinct No. 4
2-16 (b) If a temporary director fails to qualify for office, the
2-17 temporary directors who have qualified shall appoint a person to
2-18 fill the vacancy. If at any time there are fewer than three
2-19 qualified temporary directors, the Texas Natural Resource
2-20 Conservation Commission shall appoint the necessary number of
2-21 persons to fill all vacancies on the board.
2-22 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
2-23 (a) The temporary board of directors shall call and hold an
2-24 election to confirm establishment of the district and to elect five
2-25 initial directors.
2-26 (b) A person, including a temporary director, who desires to
2-27 be a candidate for the office of initial director may file an
2-28 application with the temporary board to have the candidate's name
2-29 printed on the ballot as provided by Section 52.107, Water Code.
2-30 (c) At the confirmation and initial directors' election, the
2-31 temporary board of directors shall have the name of any candidate
2-32 filing for the office of director as provided by Subsection (b) of
2-33 this section placed on the ballot and blank spaces to write in the
2-34 names of other persons. If the district is created at the
2-35 election, the temporary directors, at the time the vote is
2-36 canvassed, shall declare the person who receives the most votes in
2-37 each precinct to be elected as director for that precinct and the
2-38 person who receives the most votes in the district to be elected as
2-39 director for the district at large. The district shall include the
2-40 results of the directors' election in its election report to the
2-41 Texas Natural Resource Conservation Commission.
2-42 (d) Section 41.001(a), Election Code, does not apply to a
2-43 confirmation and initial directors' election held as provided by
2-44 this section.
2-45 (e) Except as provided by this section, a confirmation and
2-46 initial directors' election must be conducted as provided by
2-47 Sections 52.059(b)-(g), Water Code, and by the Election Code.
2-48 SECTION 11. ELECTION OF DIRECTORS. On the first Saturday in
2-49 May of the second year after the year in which the district is
2-50 authorized to be created at a confirmation election, an election
2-51 shall be held in the district for the election of the directors for
2-52 Precinct Nos. 1 and 3, who shall each serve two-year terms, and the
2-53 directors for Precinct Nos. 2 and 4 and for the district at large,
2-54 who shall each serve four-year terms. Thereafter, on the first
2-55 Saturday in May in each subsequent second year, the appropriate
2-56 number of directors shall be elected to the board.
2-57 SECTION 12. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
2-58 (a) The proper and legal notice of the intention to introduce this
2-59 Act, setting forth the general substance of this Act, has been
2-60 published as provided by law, and the notice and a copy of this Act
2-61 have been furnished to all persons, agencies, officials, or
2-62 entities to which they are required to be furnished by the
2-63 constitution and other laws of this state, including the governor,
2-64 who has submitted the notice and Act to the Texas Natural Resource
2-65 Conservation Commission.
2-66 (b) The Texas Natural Resource Conservation Commission has
2-67 filed its recommendations relating to this Act with the governor,
2-68 lieutenant governor, and speaker of the house of representatives
2-69 within the required time.
2-70 (c) All requirements of the constitution and laws of this
3-1 state and the rules and procedures of the legislature with respect
3-2 to the notice, introduction, and passage of this Act are fulfilled
3-3 and accomplished.
3-4 SECTION 13. Emergency. The importance of this legislation
3-5 and the crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended,
3-9 and that this Act take effect and be in force from and after its
3-10 passage, and it is so enacted.
3-11 * * * * *