S.B. No. 1714 AN ACT 1-1 relating to the creation, administration, powers, duties, 1-2 operation, and financing of the Oldham County Underground Water 1-3 Conservation District. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. CREATION. (a) An underground water conservation 1-6 district, to be known as the Oldham County Underground Water 1-7 Conservation District, is created in Oldham County, subject to 1-8 approval at a confirmation election under Section 8 of this Act. 1-9 The district is a governmental agency and a body politic and 1-10 corporate. 1-11 (b) The district is created under and is essential to 1-12 accomplish the purposes of Section 59, Article XVI, Texas 1-13 Constitution. 1-14 SECTION 2. DEFINITION. In this Act, "district" means the 1-15 Oldham County Underground Water Conservation District. 1-16 SECTION 3. BOUNDARIES. The boundaries of the district are 1-17 coextensive with the boundaries of Oldham County. 1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other 1-19 property included within the boundaries of the district will be 1-20 benefited by the works and projects that are to be accomplished by 1-21 the district under powers conferred by Section 59, Article XVI, 1-22 Texas Constitution. The district is created to serve a public use 1-23 and benefit. 1-24 SECTION 5. POWERS. (a) The district has all of the rights, 2-1 powers, privileges, authority, functions, and duties provided by 2-2 the general law of this state, including Chapters 50 and 52, Water 2-3 Code, applicable to underground water conservation districts 2-4 created under Section 59, Article XVI, Texas Constitution. This 2-5 Act prevails over any provision of general law that is in conflict 2-6 or inconsistent with this Act. 2-7 (b) The rights, powers, privileges, authority, functions, 2-8 and duties of the district are subject to the continuing right of 2-9 supervision of the state to be exercised by and through the Texas 2-10 Natural Resource Conservation Commission. 2-11 SECTION 6. BOARD OF DIRECTORS. (a) The district is 2-12 governed by a board of five directors. 2-13 (b) Temporary directors serve until initial permanent 2-14 directors are elected under Section 8 of this Act. 2-15 (c) Initial permanent directors serve until permanent 2-16 directors are elected under Section 9 of this Act. 2-17 (d) Permanent directors other than initial permanent 2-18 directors serve staggered four-year terms. 2-19 (e) Each director must qualify to serve as director in the 2-20 manner provided by Sections 51.078 and 51.079, Water Code. 2-21 (f) A director serves until the director's successor has 2-22 qualified. 2-23 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 2-24 directors is composed of: 2-25 (1) Robert L. Jacobson; 2-26 (2) Charles R. Robinson; 2-27 (3) Kim Montgomery; 3-1 (4) Jeffrey N. Fairchild; and 3-2 (5) Larry B. Berry. 3-3 (b) If a temporary director fails to qualify for office, the 3-4 temporary directors who have qualified shall appoint a person to 3-5 fill the vacancy. If at any time there are fewer than three 3-6 qualified temporary directors, the Texas Natural Resource 3-7 Conservation Commission shall appoint the necessary number of 3-8 persons to fill all vacancies on the board. 3-9 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 3-10 (a) The temporary board of directors shall call and hold an 3-11 election to confirm establishment of the district and to elect five 3-12 initial directors. 3-13 (b) A person who desires to be a candidate for the office of 3-14 initial director may file an application with the temporary board 3-15 to have the candidate's name printed on the ballot as provided by 3-16 Section 52.107, Water Code. 3-17 (c) At the confirmation and initial directors' election, the 3-18 temporary board of directors shall have the names of the five 3-19 persons serving as temporary directors placed on the ballot 3-20 together with the name of any candidate filing for the office of 3-21 director as provided by Subsection (b) of this section and blank 3-22 spaces to write in the names of other persons. If the district is 3-23 created at the election, the temporary board of directors, at the 3-24 time the vote is canvassed, shall declare the five persons who 3-25 receive the most votes to be elected as the initial directors and 3-26 shall include the results of the directors' election in its 3-27 election report to the Texas Natural Resource Conservation 4-1 Commission. 4-2 (d) Subsection (a), Section 41.001, Election Code, does not 4-3 apply to a confirmation and initial directors' election held as 4-4 provided by this section. 4-5 (e) Except as provided by this section, a confirmation and 4-6 initial directors' election must be conducted as provided by 4-7 Subsections (b) through (g), Section 52.059, Water Code, and the 4-8 Election Code. 4-9 SECTION 9. ELECTION OF DIRECTORS. (a) On the first 4-10 Saturday in May of the second year after the year in which the 4-11 district is authorized to be created at a confirmation election, an 4-12 election shall be held in the district for the election of two 4-13 directors, each of whom shall serve a two-year term, and three 4-14 directors, each of whom shall serve a four-year term. 4-15 (b) On the first Saturday in May of each subsequent second 4-16 year following the election, the appropriate number of directors 4-17 shall be elected to the board. 4-18 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 4-19 (a) The proper and legal notice of the intention to introduce this 4-20 Act, setting forth the general substance of this Act, has been 4-21 published as provided by law, and the notice and a copy of this Act 4-22 have been furnished to all persons, agencies, officials, or 4-23 entities to which they are required to be furnished by the 4-24 constitution and other laws of this state, including the governor, 4-25 who has submitted the notice and Act to the Texas Natural Resource 4-26 Conservation Commission. 4-27 (b) The Texas Natural Resource Conservation Commission has 5-1 filed its recommendations relating to this Act with the governor, 5-2 lieutenant governor, and speaker of the house of representatives 5-3 within the required time. 5-4 (c) All requirements of the constitution and laws of this 5-5 state and the rules and procedures of the legislature with respect 5-6 to the notice, introduction, and passage of this Act are fulfilled 5-7 and accomplished. 5-8 SECTION 11. EMERGENCY. The importance of this legislation 5-9 and the crowded condition of the calendars in both houses create an 5-10 emergency and an imperative public necessity that the 5-11 constitutional rule requiring bills to be read on three several 5-12 days in each house be suspended, and this rule is hereby suspended, 5-13 and that this Act take effect and be in force from and after its 5-14 passage, and it is so enacted.