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 * * * * *