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78R3191 RCJ-D

By:  Madla                                                        S.B. No. 1877



A BILL TO BE ENTITLED

AN ACT

relating to the election of directors and validation of acts of the 
governing board of the Real-Edwards Conservation and Reclamation 
District.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 11(b), Chapter 341, Acts of the 56th 
Legislature, Regular Session, 1959, is amended to read as follows:
	(b)  There shall be held in the District on the first Tuesday 
after the first Monday in November [Saturday of May] in each 
even-numbered year an election within the District for the 
selection of Directors to succeed those whose terms expire on said 
date.  Such election shall be held in such voting boxes as are 
designated by the Board of Directors, and notice of such election 
shall be given by the Secretary of the Board of Directors by posting 
in three (3) public places within the District a copy of the order 
of the Board of Directors directing the time and places of holding 
the election.  No person shall be selected a Director unless he be 
above the age of twenty-one (21) years and a resident within the 
territorial limits of the District.
	SECTION 2.  (a)  The following actions of the Real-Edwards 
Conservation and Reclamation District are validated and confirmed 
as if the actions had been done as authorized by law:
		(1)  all acts and governmental proceedings of the 
district taken before the effective date of this Act; and
		(2)  the election or appointment of directors or other 
officials of the district who took office before the effective date 
of this Act.
	(b)  This Act does not apply to:                                               
		(1)  an act or proceeding that was void at the time it 
occurred;            
		(2)  an act or proceeding that, under a statute of this 
state or the United States, was a misdemeanor or felony at the time 
the act or proceeding occurred;
		(3)  a rule that, at the time it was passed, was 
preempted by a statute of this state or the United States; or
		(4)  a matter that on the effective date of this Act:                         
			(A)  is involved in litigation if the litigation 
ultimately results in the matter being held invalid by a final 
judgment of a court; or
			(B)  has been held invalid by a final judgment of a 
court.                 
	SECTION 3.  (a)  A member of the board of directors of the 
Real-Edwards Conservation and Reclamation District serving on the 
effective date of this Act shall continue in office until the 
member's successor, elected at the election held November 2, 2004, 
qualifies for office.
	(b)  At the election held November 2, 2004, nine directors 
shall be elected to the board.  The nine directors elected shall 
draw lots to determine which four directors serve two-year terms 
and which five directors serve four-year terms beginning January 1 
following the election.
	(c)  Directors elected at the election held November 7, 2006, 
and in successive even-numbered years as provided by Section 11, 
Chapter 341, Acts of the 56th Legislature, Regular Session, 1959, 
as amended by this Act, serve four-year terms beginning January 1 
following the election.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.