By: Seliger S.B. No. 1870
A BILL TO BE ENTITLED
AN ACT
relating to the board of directors of the Permian Basin Underground
Water Conservation District; validating certain district actions
and proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Chapter 408, Acts of the 69th
Legislature, Regular Session, 1985, is amended to read as follows:
Sec. 11. ANNEXATION. Additional territory may be added to
the district as provided by Chapter 36 [52], Water Code. [Unless
the number of directors is increased in accordance with Section 12A
of this Act, the board of directors shall determine to which
precinct the annexed land will be added for purposes of election of
directors.]
SECTION 2. Subsection (a), Section 12, Chapter 408, Acts of
the 69th Legislature, Regular Session, 1985, is amended to read as
follows:
(a) The district shall be governed by a board of directors
that consists of not less than five and not more than nine directors
[unless the number of directors is increased in accordance with
Section 12A of this Act]. The number of directors may be changed as
determined by the board when territory is annexed by the district.
SECTION 3. Chapter 408, Acts of the 69th Legislature,
Regular Session, 1985, is amended by adding Section 12B to read as
follows:
Sec. 12B. BOARD COMPOSITION AND ELECTIONS FOLLOWING
ANNEXATION OF TERRITORY. (a) If the district contains territory
in more than one county, the board shall consist of an equal number
of directors elected from each county and one director elected from
the district at large.
(b) To be eligible to serve as director at large, a person
must be a registered voter in the district. To be eligible to serve
as director from a county in the district, a person must be:
(1) a registered voter of that county; and
(2) if the district contains only part of the county, a
resident of the part of the county included in the district.
(c) A person shall indicate on the application for a place
on the ballot:
(1) the county that the person seeks to represent; or
(2) that the person seeks to represent the district at
large.
SECTION 4. Section 12A, Chapter 408, Acts of the 69th
Legislature, Regular Session, 1985, is repealed.
SECTION 5. (a) The following actions of the Permian Basin
Underground Water Conservation District are validated and
confirmed in all respects as if the actions had been done as
authorized by law:
(1) all acts and proceedings of the district taken
before the effective date of this Act; and
(2) the election or appointment of directors or other
officers of the district who took office before the effective date
of this Act.
(b) A governmental act or proceeding of the Permian Basin
Underground Water Conservation District occurring after an act or
proceeding validated by this Act may not be held invalid on the
ground that the prior act or proceeding, in the absence of this Act,
was invalid.
(c) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court of competent jurisdiction; or
(2) has been held invalid by a final judgment of a
court of competent jurisdiction.
SECTION 6. (a) A director of the Permian Basin Underground
Water Conservation District serving on the effective date of this
Act continues to serve until the expiration of the term for which
the director was elected.
(b) In the first regularly scheduled directors' election
for the Permian Basin Underground Water Conservation District after
the effective date of this Act, in addition to the election of one
director from Martin County and one director from Howard County,
one director shall be elected from the district at large.
SECTION 7. 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, 2005.