1-1 By: Chisum (Senate Sponsor - Bivins) H.B. No. 1493
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; April 28, 1995, reported favorably by the following
1-5 vote: Yeas 8, Nays 0; April 28, 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 Hemphill County Underground Water
1-10 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 Hemphill County Underground Water
1-14 Conservation District, is created in Hemphill County, subject to
1-15 approval at a confirmation election under Section 8 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 Hemphill County Underground Water Conservation District.
1-23 SECTION 3. BOUNDARIES. The boundaries of the district are
1-24 coextensive with the boundaries of Hemphill County.
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, except
1-36 the district may not exercise the power of eminent domain for any
1-37 purpose. This Act prevails over any provision of general law that
1-38 is in conflict or inconsistent with this Act.
1-39 (b) The rights, powers, privileges, authority, functions,
1-40 and duties of the district are subject to the continuing right of
1-41 supervision of the state to be exercised by and through the Texas
1-42 Natural Resource Conservation Commission.
1-43 SECTION 6. BOARD OF DIRECTORS. (a) The district is
1-44 governed by a board of five directors.
1-45 (b) Temporary directors serve until initial permanent
1-46 directors are elected under Section 8 of this Act.
1-47 (c) Initial permanent directors serve until permanent
1-48 directors are elected under Section 9 of this Act.
1-49 (d) Permanent directors other than initial permanent
1-50 directors serve staggered four-year terms.
1-51 (e) Each director must qualify to serve as director in the
1-52 manner provided by Sections 51.078 and 51.079, Water Code.
1-53 (f) A director serves until the director's successor has
1-54 qualified.
1-55 SECTION 7. TEMPORARY DIRECTORS. (a) The Commissioners
1-56 Court of Hemphill County shall appoint five temporary directors.
1-57 (b) If a temporary director fails to qualify for office, the
1-58 temporary directors who have qualified shall appoint a person to
1-59 fill the vacancy. If at any time there are fewer than three
1-60 qualified temporary directors, the Commissioners Court of Hemphill
1-61 County shall appoint the necessary number of persons to fill all
1-62 vacancies on the board.
1-63 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
1-64 (a) The temporary board of directors shall call and hold an
1-65 election to confirm establishment of the district and to elect five
1-66 initial directors.
1-67 (b) A person who desires to be a candidate for the office of
1-68 initial director may file an application with the temporary board
2-1 to have the candidate's name printed on the ballot as provided by
2-2 Section 52.107, Water Code.
2-3 (c) At the confirmation and initial directors' election, the
2-4 temporary board of directors shall have the names of the five
2-5 persons serving as temporary directors placed on the ballot
2-6 together with the name of any candidate filing for the office of
2-7 director as provided by Subsection (b) of this section and blank
2-8 spaces to write in the names of other persons. If the district is
2-9 created at the election, the temporary board of directors, at the
2-10 time the vote is canvassed, shall declare the five persons who
2-11 receive the most votes to be elected as the initial directors and
2-12 shall include the results of the directors' election in its
2-13 election report to the Texas Natural Resource Conservation
2-14 Commission.
2-15 (d) Section 41.001(a), Election Code, does not apply to a
2-16 confirmation and initial directors' election held as provided by
2-17 this section.
2-18 (e) Except as provided by this section, a confirmation and
2-19 initial directors' election must be conducted as provided by
2-20 Sections 52.059(b)-(g), Water Code, and the Election Code.
2-21 SECTION 9. ELECTION OF DIRECTORS. (a) On the first
2-22 Saturday in May of the second year after the year in which the
2-23 district is authorized to be created at a confirmation election, an
2-24 election shall be held in the district for the election of two
2-25 directors, each of whom shall serve a two-year term, and three
2-26 directors, each of whom shall serve a four-year term.
2-27 (b) On the first Saturday in May of each subsequent second
2-28 year following the election, the appropriate number of directors
2-29 shall be elected to the board.
2-30 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
2-31 (a) The proper and legal notice of the intention to introduce this
2-32 Act, setting forth the general substance of this Act, has been
2-33 published as provided by law, and the notice and a copy of this Act
2-34 have been furnished to all persons, agencies, officials, or
2-35 entities to which they are required to be furnished by the
2-36 constitution and other laws of this state, including the governor,
2-37 who has submitted the notice and Act to the Texas Natural Resource
2-38 Conservation Commission.
2-39 (b) The Texas Natural Resource Conservation Commission has
2-40 filed its recommendations relating to this Act with the governor,
2-41 lieutenant governor, and speaker of the house of representatives
2-42 within the required time.
2-43 (c) All requirements of the constitution and laws of this
2-44 state and the rules and procedures of the legislature with respect
2-45 to the notice, introduction, and passage of this Act are fulfilled
2-46 and accomplished.
2-47 SECTION 11. EMERGENCY. The importance of this legislation
2-48 and the crowded condition of the calendars in both houses create an
2-49 emergency and an imperative public necessity that the
2-50 constitutional rule requiring bills to be read on three several
2-51 days in each house be suspended, and this rule is hereby suspended,
2-52 and that this Act take effect and be in force from and after its
2-53 passage, and it is so enacted.
2-54 * * * * *