1-1 By: Bivins S.B. No. 1714 1-2 (In the Senate - Filed May 8, 1995; May 9, 1995, read first 1-3 time and referred to Committee on Natural Resources; May 11, 1995, 1-4 reported favorably by the following vote: Yeas 9, Nays 0; 1-5 May 11, 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 Oldham 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 Oldham County Underground Water 1-14 Conservation District, is created in Oldham 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 Oldham County Underground Water Conservation District. 1-23 SECTION 3. BOUNDARIES. The boundaries of the district are 1-24 coextensive with the boundaries of Oldham 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. This 1-36 Act prevails over any provision of general law that is in conflict 1-37 or inconsistent with this Act. 1-38 (b) The rights, powers, privileges, authority, functions, 1-39 and duties of the district are subject to the continuing right of 1-40 supervision of the state to be exercised by and through the Texas 1-41 Natural Resource Conservation Commission. 1-42 SECTION 6. BOARD OF DIRECTORS. (a) The district is 1-43 governed by a board of five directors. 1-44 (b) Temporary directors serve until initial permanent 1-45 directors are elected under Section 8 of this Act. 1-46 (c) Initial permanent directors serve until permanent 1-47 directors are elected under Section 9 of this Act. 1-48 (d) Permanent directors other than initial permanent 1-49 directors serve staggered four-year terms. 1-50 (e) Each director must qualify to serve as director in the 1-51 manner provided by Sections 51.078 and 51.079, Water Code. 1-52 (f) A director serves until the director's successor has 1-53 qualified. 1-54 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 1-55 directors is composed of: 1-56 (1) Robert L. Jacobson; 1-57 (2) Charles R. Robinson; 1-58 (3) Kim Montgomery; 1-59 (4) Jeffrey N. Fairchild; and 1-60 (5) Larry B. Berry. 1-61 (b) If a temporary director fails to qualify for office, the 1-62 temporary directors who have qualified shall appoint a person to 1-63 fill the vacancy. If at any time there are fewer than three 1-64 qualified temporary directors, the Texas Natural Resource 1-65 Conservation Commission shall appoint the necessary number of 1-66 persons to fill all vacancies on the board. 1-67 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 1-68 (a) The temporary board of directors shall call and hold an 2-1 election to confirm establishment of the district and to elect five 2-2 initial directors. 2-3 (b) A person who desires to be a candidate for the office of 2-4 initial director may file an application with the temporary board 2-5 to have the candidate's name printed on the ballot as provided by 2-6 Section 52.107, Water Code. 2-7 (c) At the confirmation and initial directors' election, the 2-8 temporary board of directors shall have the names of the five 2-9 persons serving as temporary directors placed on the ballot 2-10 together with the name of any candidate filing for the office of 2-11 director as provided by Subsection (b) of this section and blank 2-12 spaces to write in the names of other persons. If the district is 2-13 created at the election, the temporary board of directors, at the 2-14 time the vote is canvassed, shall declare the five persons who 2-15 receive the most votes to be elected as the initial directors and 2-16 shall include the results of the directors' election in its 2-17 election report to the Texas Natural Resource Conservation 2-18 Commission. 2-19 (d) Subsection (a), Section 41.001, Election Code, does not 2-20 apply to a confirmation and initial directors' election held as 2-21 provided by this section. 2-22 (e) Except as provided by this section, a confirmation and 2-23 initial directors' election must be conducted as provided by 2-24 Subsections (b) through (g), Section 52.059, Water Code, and the 2-25 Election Code. 2-26 SECTION 9. ELECTION OF DIRECTORS. (a) On the first 2-27 Saturday in May of the second year after the year in which the 2-28 district is authorized to be created at a confirmation election, an 2-29 election shall be held in the district for the election of two 2-30 directors, each of whom shall serve a two-year term, and three 2-31 directors, each of whom shall serve a four-year term. 2-32 (b) On the first Saturday in May of each subsequent second 2-33 year following the election, the appropriate number of directors 2-34 shall be elected to the board. 2-35 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 2-36 (a) The proper and legal notice of the intention to introduce this 2-37 Act, setting forth the general substance of this Act, has been 2-38 published as provided by law, and the notice and a copy of this Act 2-39 have been furnished to all persons, agencies, officials, or 2-40 entities to which they are required to be furnished by the 2-41 constitution and other laws of this state, including the governor, 2-42 who has submitted the notice and Act to the Texas Natural Resource 2-43 Conservation Commission. 2-44 (b) The Texas Natural Resource Conservation Commission has 2-45 filed its recommendations relating to this Act with the governor, 2-46 lieutenant governor, and speaker of the house of representatives 2-47 within the required time. 2-48 (c) All requirements of the constitution and laws of this 2-49 state and the rules and procedures of the legislature with respect 2-50 to the notice, introduction, and passage of this Act are fulfilled 2-51 and accomplished. 2-52 SECTION 11. EMERGENCY. The importance of this legislation 2-53 and the crowded condition of the calendars in both houses create an 2-54 emergency and an imperative public necessity that the 2-55 constitutional rule requiring bills to be read on three several 2-56 days in each house be suspended, and this rule is hereby suspended, 2-57 and that this Act take effect and be in force from and after its 2-58 passage, and it is so enacted. 2-59 * * * * *