By King of Uvalde H.B. No. 3481
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the governance and the validation of acts and
1-3 proceedings of the Bexar-Medina-Atascosa Counties Water Control and
1-4 Improvement District No. 1.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 2, Chapter 544, Acts of the 74th
1-7 Legislature, Regular Session, 1995, is amended to read as follows:
1-8 Sec. 2. CONVERSION TO SEVEN-MEMBER BOARD. (a) The board in
1-9 office on the effective date of this Act shall divide the district
1-10 into five numbered single-member precincts not later than January
1-11 1, 1996.
1-12 (b) The division of the district into single-member
1-13 precincts does not affect the terms of directors in office on the
1-14 effective date of this Act. Each director serves until the
1-15 director's term expires. On expiration of a director's term, the
1-16 director's position is converted to a single-member precinct
1-17 position.
1-18 (c) At the board election held on the first Saturday in May
1-19 of 1996, five directors shall be elected. One director shall be
1-20 elected from each of single-member precincts numbers two [one],
1-21 four [three], and five. Two directors shall be elected from the
2-1 district at large. A director whose term expires in 1996 may seek
2-2 election to an at-large position or a single-member position for
2-3 which the director qualifies.
2-4 (d) The directors elected to single-member precinct
2-5 positions and the director elected at large who receives the most
2-6 votes in the May 1996 election serve four-year terms. The
2-7 remaining at-large director serves a two-year term.
2-8 (e) At the board election held on the first Saturday in May
2-9 of 1998, one director shall be elected from each of single-member
2-10 precincts numbers one [two] and three [four] to serve four-year
2-11 terms. One director shall be elected from the district at large to
2-12 serve a four-year term. A director whose term expires in 1998 may
2-13 seek election to a vacant at-large position or a single-member
2-14 precinct position for which the director qualifies.
2-15 (f) At each subsequent board election on the first Saturday
2-16 in May of even-numbered years, the appropriate number of directors
2-17 shall be elected so that the board consists of one director elected
2-18 from each of the district's five single-member precincts and two
2-19 directors elected from the district at large.
2-20 SECTION 2. Chapter 544, Acts of the 74th Legislature,
2-21 Regular Session, 1995, is amended by adding Section 2A to read as
2-22 follows:
2-23 Sec. 2A. VALIDATION OF ACTS AND PROCEEDINGS. (a) All
2-24 governmental acts and proceedings of the district not excepted by
2-25 this Act are validated as of the dates on which they occurred.
3-1 (b) Board elections held on the first Saturday in May of
3-2 1996, and the first Saturday in May of 1998, including all
3-3 proceedings related to these board elections, are validated as of
3-4 the dates on which they occurred.
3-5 (c) This Act does not validate any governmental acts or
3-6 proceedings that were void or which, under the statutes of this
3-7 state at the time the actions or proceedings occurred, were a
3-8 misdemeanor or felony.
3-9 (d) This Act does not apply to any matter that on the
3-10 effective date of this Act:
3-11 (1) is involved in litigation if the litigation
3-12 ultimately results in the matter being held invalid by a final
3-13 judgment of a court of competent jurisdiction; or
3-14 (2) has been held invalid by a final judgment of a
3-15 court of competent jurisdiction.
3-16 SECTION 3. Proof of publication of the constitutional notice
3-17 required in the enactment of this Act under the provisions of
3-18 Section 59(d), Article XVI, Texas Constitution, and the statutory
3-19 notice required by Chapter 313, Government Code, have been made in
3-20 the manner provided therein and a copy of the notice and bill as
3-21 originally introduced have been delivered to the governor of the
3-22 State of Texas, as required in such constitutional provision, and
3-23 to all other persons, agencies, officials, or entities required to
3-24 be furnished by the constitution and other laws of the state, and
3-25 that notice and delivery are found and declared to be proper and
4-1 sufficient to satisfy those requirements. The Texas Natural
4-2 Resource Conservation Commission has filed its recommendations
4-3 relating to this Act with the governor, lieutenant governor, and
4-4 speaker of the house of representatives within the required time.
4-5 All other procedural requirements for the notice, introduction, and
4-6 passage of this Act have been fulfilled and accomplished.
4-7 SECTION 4. EMERGENCY. The importance of this legislation
4-8 and the crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended,
4-12 and that this Act take effect and be in force from and after its
4-13 passage, and it is so enacted.