By: Bivins S.B. No. 1714
A BILL TO BE ENTITLED
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.