BLS H.B. 3607 75(R)BILL ANALYSIS NATURAL RESOURCES H.B. 3607 By: Counts 5-6-97 Committee Report (Unamended) BACKGROUND During the 74th Regular Session, the Legislature passed House Bill 846, which created the Garza County Underground and Fresh Water Conservation District ("the district"). The district is governed by a board of five directors, with one director being elected at large and the other four being elected per single-member precincts. After House Bill 846 became law, it was discovered that another fresh water supply district already existed in the City of Post (located in Garza County). This discovery of two similar districts overlapping the same territory led to some confusion in the November 1996 board elections of the district. In an attempt to resolve the problem with the two districts in the City of Post, the district's temporary board of directors did not strictly follow the prescribed procedures in the election of initial directors. Thus, this legislation is needed to validate their confirmation election and actions until the problem can be properly addressed. PURPOSE To validate the confirmation election and other actions of the Garza County Underground and Fresh Water Conservation District. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. (a) Validates and confirms the following actions of the Garza County Underground and Fresh Water Conservation District (district) and the district's temporary and initial board of directors: (1) the election confirming the creation of the district and electing initial directors. (2) any action of the district's temporary board of directors taken to call or conduct the election to confirm the creation of the district and elect initial directors; and (3) any action of the district's initial board of directors taken before the effective date of this Act. (b) States that each initial director of the district elected in conjunction with the district's confirmation election, is confirmed and validated as a district director and may serve the term to which the director was elected. SECTION 2. Legislative findings related to boundaries. SECTION 3. States that after the effective date of this Act, the board of directors of the district shall call and hold elections to elect district directors in accordance with Sections 6, 7, and 11, Chapter 188, Acts of the 74th Legislature, Regular Session, 1995. SECTION 4. States that this Act does not apply to any matter that is the subject of litigation and the effective date of this Act. SECTION 5. Emergency clause.