SRC-MKV S.B. 404 77(R)BILL ANALYSIS


Senate Research CenterS.B. 404
By: Fraser
Natural Resources
5/22/2001
Enrolled


DIGEST AND PURPOSE 

The followup election of directors from five separate precincts of the
Clearwater Underground Water Conservation District is scheduled for the
first Saturday in May 2001.  The manner and timing of the election could
present problems, such as the establishment of special election precincts
for this district only and low voter turnout caused by elections in
odd-numbered years.  S.B. 404 provides for the election of one director
from each of Bell County's four established county commissioners' precincts
and one director elected at large.  The bill also provides for an election
date in May in even-numbered years.    

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 10, Chapter 524, Acts of the 71st Legislature,
Regular Session 1989, as follows: 

Sec. 10.  New heading:  METHOD OF ELECTING DIRECTORS.  (a) Requires the
directors of the Clearwater Underground Water Conservation District
(district) to be elected according to the commissioners precinct method as
provided by this section. 

(b) Requires that one director be elected by the electors of the entire
district and one director to be elected from each county commissioners
precinct by the electors of that precinct. 

(c) Requires that to be qualified to be a candidate for or to serve as
director at large, a person must be a registered voter in the district.
Requires that to be a candidate for or to serve as director from a county
commissioners precinct, a person must be a registered voter of that
precinct. 

(d) Requires a person to indicate certain information on the application
for a place on the ballot. 

(e) Requires that after the initial election of directors, that all
directors be elected to serve four-year terms, except as provided by
subsection (f).  Provides that the terms of directors are staggered.
Requires that on the first Saturday in May of even-numbered years, the
appropriate number of directors are to be elected. 

(f) Requires that at the first election after the county commissioners
precincts are redrawn under Section 18, Article V, Texas Constitution, that
four new directors be elected to represent the newly redrawn precincts.
Requires that the directors from precincts one and three be elected for
two-year terms and the directors from precincts  two and four be elected
for four-year terms.  Provides that when the directors elected from the new
precincts take office, the terms of the directors elected from previous
precincts expire.  Deletes existing text regarding election of directors
and terms of office. 

SECTION 2.  Sets forth certain conditions for the election and terms of
directors of the Clearwater Underground Water Conservation District, if
this Act takes effect before May 5, 2001. 

SECTION 3.  Sets forth certain conditions for the election and terms of
directors of the Clearwater Underground Water Conservation District, if
this Act takes effect on or after May 5, 2001, and notwithstanding Section
10(f), Chapter 524, Acts of the 71st Legislature, Regular Session, 1989, as
amended by this Act. 

SECTION 4.  Effective date: upon passage or September 1, 2001.