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By: Madla S.B. No. 1877
(In the Senate - Filed March 21, 2003; March 24, 2003, read
first time and referred to Committee on Natural Resources;
April 7, 2003, reported favorably by the following vote: Yeas 10,
Nays 0; April 7, 2003, sent to printer.)
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. Subsection (b), Section 11, 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.
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