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 * * * * *