By Chisum H.B. No. 1493 74R1722 KKA-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 Hemphill County Underground Water 1-4 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 Hemphill County Underground Water 1-8 Conservation District, is created in Hemphill County, subject to 1-9 approval at a confirmation election under Section 8 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 Hemphill County Underground Water Conservation District. 1-17 SECTION 3. BOUNDARIES. The boundaries of the district are 1-18 coextensive with the boundaries of Hemphill County. 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, except 2-6 the district may not exercise the power of eminent domain for any 2-7 purpose. This Act prevails over any provision of general law that 2-8 is in conflict or inconsistent with this Act. 2-9 (b) The rights, powers, privileges, authority, functions, 2-10 and duties of the district are subject to the continuing right of 2-11 supervision of the state to be exercised by and through the Texas 2-12 Natural Resource Conservation Commission. 2-13 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-14 governed by a board of five directors. 2-15 (b) Temporary directors serve until initial permanent 2-16 directors are elected under Section 8 of this Act. 2-17 (c) Initial permanent directors serve until permanent 2-18 directors are elected under Section 9 of this Act. 2-19 (d) Permanent directors other than initial permanent 2-20 directors serve staggered four-year terms. 2-21 (e) Each director must qualify to serve as director in the 2-22 manner provided by Sections 51.078 and 51.079, Water Code. 2-23 (f) A director serves until the director's successor has 2-24 qualified. 2-25 SECTION 7. TEMPORARY DIRECTORS. (a) The Commissioners 2-26 Court of Hemphill County shall appoint five temporary directors. 2-27 (b) If a temporary director fails to qualify for office, the 3-1 temporary directors who have qualified shall appoint a person to 3-2 fill the vacancy. If at any time there are fewer than three 3-3 qualified temporary directors, the Commissioners Court of Hemphill 3-4 County shall appoint the necessary number of persons to fill all 3-5 vacancies on the board. 3-6 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 3-7 (a) The temporary board of directors shall call and hold an 3-8 election to confirm establishment of the district and to elect five 3-9 initial directors. 3-10 (b) A person who desires to be a candidate for the office of 3-11 initial director may file an application with the temporary board 3-12 to have the candidate's name printed on the ballot as provided by 3-13 Section 52.107, Water Code. 3-14 (c) At the confirmation and initial directors' election, the 3-15 temporary board of directors shall have the names of the five 3-16 persons serving as temporary directors placed on the ballot 3-17 together with the name of any candidate filing for the office of 3-18 director as provided by Subsection (b) of this section and blank 3-19 spaces to write in the names of other persons. If the district is 3-20 created at the election, the temporary board of directors, at the 3-21 time the vote is canvassed, shall declare the five persons who 3-22 receive the most votes to be elected as the initial directors and 3-23 shall include the results of the directors' election in its 3-24 election report to the Texas Natural Resource Conservation 3-25 Commission. 3-26 (d) Section 41.001(a), Election Code, does not apply to a 3-27 confirmation and initial directors' election held as provided by 4-1 this section. 4-2 (e) Except as provided by this section, a confirmation and 4-3 initial directors' election must be conducted as provided by 4-4 Sections 52.059(b)-(g), Water Code, and the Election Code. 4-5 SECTION 9. ELECTION OF DIRECTORS. (a) On the first 4-6 Saturday in May of the second year after the year in which the 4-7 district is authorized to be created at a confirmation election, an 4-8 election shall be held in the district for the election of two 4-9 directors, each of whom shall serve a two-year term, and three 4-10 directors, each of whom shall serve a four-year term. 4-11 (b) On the first Saturday in May of each subsequent second 4-12 year following the election, the appropriate number of directors 4-13 shall be elected to the board. 4-14 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 4-15 (a) The proper and legal notice of the intention to introduce this 4-16 Act, setting forth the general substance of this Act, has been 4-17 published as provided by law, and the notice and a copy of this Act 4-18 have been furnished to all persons, agencies, officials, or 4-19 entities to which they are required to be furnished by the 4-20 constitution and other laws of this state, including the governor, 4-21 who has submitted the notice and Act to the Texas Natural Resource 4-22 Conservation Commission. 4-23 (b) The Texas Natural Resource Conservation Commission has 4-24 filed its recommendations relating to this Act with the governor, 4-25 lieutenant governor, and speaker of the house of representatives 4-26 within the required time. 4-27 (c) All requirements of the constitution and laws of this 5-1 state and the rules and procedures of the legislature with respect 5-2 to the notice, introduction, and passage of this Act are fulfilled 5-3 and accomplished. 5-4 SECTION 11. EMERGENCY. The importance of this legislation 5-5 and the crowded condition of the calendars in both houses create an 5-6 emergency and an imperative public necessity that the 5-7 constitutional rule requiring bills to be read on three several 5-8 days in each house be suspended, and this rule is hereby suspended, 5-9 and that this Act take effect and be in force from and after its 5-10 passage, and it is so enacted.