By: Armbrister S.B. No. 1180
A BILL TO BE ENTITLED
AN ACT
1-1 relating to conservation districts.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 201.047, Agriculture Code, is amended to
1-4 read as follows:
1-5 (a) The two appointed directors shall present to the state
1-6 board <secretary of state> an application for a certificate of
1-7 organization for the conservation district containing the
1-8 information prescribed by Subsection (b) of this section <and a
1-9 statement from the state board containing the information
1-10 prescribed by Subsection (c) of this section>.
1-11 (b) The application for the certificate must contain:
1-12 (1) a statement that:
1-13 (A) a petition for the creation of the
1-14 conservation district was filed with the state board in accordance
1-15 with this chapter;
1-16 (B) the proceedings specified in this chapter
1-17 were taken relative to that petition;
1-18 (C) the application is being filed in order to
1-19 complete the organization of the conservation district as a
1-20 governmental subdivision and a public body corporate and politic
1-21 under this chapter; and
1-22 (D) the state board has appointed the applicants
1-23 as directors;
2-1 (2) the name and official residence of each of the
2-2 appointed directors;
2-3 (3) a certified copy of the appointment of the
2-4 directors evidencing their right to office;
2-5 (4) the term of office of each of the appointed
2-6 directors;
2-7 (5) the name that is proposed for the conservation
2-8 district; and
2-9 (6) the location of the principal office of the
2-10 appointed directors.
2-11 (c) <The statement of the state board must set forth the
2-12 boundaries of the conservation district and certify that:>
2-13 <(1) a petition was filed, notice issued, and a
2-14 hearing held as required by this chapter;>
2-15 <(2) the board did determine that there is need, in
2-16 the interest of the public health, safety, and welfare, for a
2-17 conservation district to function in the proposed territory;>
2-18 <(3) the board did define the boundaries of the
2-19 conservation district;>
2-20 <(4) notice was given and an election held on the
2-21 question of the creation of the conservation district;>
2-22 <(5) the result of the election showed a two-thirds
2-23 majority of the votes cast in the election to be in favor of the
2-24 creation of the conservation district; and>
2-25 <(6) the board did determine that the operation of the
3-1 conservation district is administratively practicable and feasible.
3-2 (d)> The directors shall subscribe and swear to the application
3-3 before an officer authorized by law to take and certify oaths.
3-4 That officer shall certify on the application that the officer
3-5 personally knows the directors, that the officer knows them to be
3-6 the directors as affirmed in the application, and that each
3-7 director has subscribed to the application in the officer's
3-8 presence.
3-9 SECTION 3. Section 201.048, Agriculture Code, is amended to
3-10 read as follows:
3-11 Sec. 201.048. Issuance of Certificate. (a) The state board
3-12 <secretary of state> shall examine the application for a
3-13 certificate of organization <and the statement of the state board>.
3-14 If the state board <secretary of state> finds that the name
3-15 proposed for the conservation district is not identical to that of
3-16 another conservation district or so nearly similar as to lead to
3-17 confusion or uncertainty, the board <secretary> shall receive the
3-18 application <and statement>, file it <them>, and record it <them>
3-19 in an appropriate book of record in the board's <secretary's>
3-20 office.
3-21 (b) If the state board <secretary of state> finds that the
3-22 name proposed for the conservation district is identical to that of
3-23 another conservation district or so nearly similar as to lead to
3-24 confusion or uncertainty, the board <secretary> shall certify that
3-25 fact to the directors <state board> and the directors <state board>
4-1 shall submit to the state board <secretary> a new name for the
4-2 conservation district that is free of that defect. After receipt
4-3 of a name that is free of that defect, the board <secretary> shall
4-4 record the application <and statement>, with the modified name, in
4-5 an appropriate book of record in the board's <secretary's> office.
4-6 (c) When the application is <and statement are> filed and
4-7 recorded as provided by this section, the conservation district
4-8 constitutes a governmental subdivision and a public body corporate
4-9 and politic.
4-10 (d) The state board <secretary of state> shall make and
4-11 issue to the directors a certificate<, under the seal of this
4-12 state,> of the due organization of the conservation district. The
4-13 board <secretary> shall record the certificate with the application
4-14 <and statement>.
4-15 SECTION 4. Section 201.049, Agriculture Code, is amended to
4-16 read as follows:
4-17 Sec. 201.049. EFFECT OF CERTIFICATE; ADMISSIBILITY. In a
4-18 suit, action, or proceeding involving the validity or enforcement
4-19 of, or relating to, a contract, proceeding, or action of a
4-20 conservation district, the conservation district is considered to
4-21 have been established in accordance with this chapter on proof of
4-22 the issuance of a certificate of organization by the state board
4-23 <secretary of state>. A copy of the certificate certified by the
4-24 state board <secretary of state> is admissible in evidence in the
4-25 suit, action, or proceeding and is proof of the filing of the
5-1 certificate and the contents of the certificate.
5-2 SECTION 5. Subsection (b), Section 201.051, Agriculture
5-3 Code, is amended to read as follows:
5-4 (b) Certification by the directors <state board> to the
5-5 state board <secretary of state> is sufficient notice of the
5-6 dissolution of a conservation district.
5-7 SECTION 6. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended.