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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Rio Grande Regional Water |
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Authority and the establishment of a member conference. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.01, Chapter 385, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended by adding |
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Subdivisions (4-a) and (6) through (8) to read as follows: |
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(4-a) "Conference" means the conference under Section |
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1A.01 of this Act. |
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(6) "Municipal class entity" means one of the |
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following entities that is located in the authority: |
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(A) a municipality; |
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(B) a municipal utility district operating under |
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Chapter 54, Water Code; or |
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(C) a special utility district operating under |
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Chapter 65, Water Code. |
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(7) "Water supply corporation" means a nonprofit water |
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supply corporation operating under Chapter 67, Water Code. |
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(8) "Watermaster" means the watermaster appointed by |
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the commission under Subchapter G, Chapter 11, Water Code, for the |
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segment of the Rio Grande basin inside the boundaries of the |
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authority. |
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SECTION 2. Chapter 385, Acts of the 78th Legislature, |
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Regular Session, 2003, is amended by adding Article IA to read as |
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follows: |
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ARTICLE IA. CONFERENCE |
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Sec. 1A.01. CONFERENCE MEMBERSHIP. (a) Subject to |
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Subsection (b) of this section, each county, municipal class |
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entity, water supply corporation, and irrigation district or other |
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water district in the authority is a member of the conference. |
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(b) The board may determine whether a prospective member is |
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qualified to become a member of the conference. |
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Sec. 1A.02. ADVISORY COMMITTEE. The board may appoint an |
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advisory committee composed of representatives of the conference |
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members to advise the board in administering this Act. |
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Sec. 1A.03. IRRIGATION DISTRICTS COMMITTEE. (a) The |
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irrigation districts that are members of the conference shall |
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convene as a committee to prepare a list of nominees for director |
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positions under Section 2.01(b)(1) of this Act at least 60 days |
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before directors' terms are scheduled to expire or whenever a |
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vacancy occurs in those positions. The committee shall provide the |
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list to the governor not later than the 21st day after the date on |
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which the committee convenes. |
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(b) The irrigation district conference members may select a |
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presiding officer to conduct committee meetings and represent the |
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entire committee. |
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SECTION 3. Section 2.01, Chapter 385, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended by amending |
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Subsections (a), (b), (c), and (f) and adding Subsections (c-1), |
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(h), and (i) to read as follows: |
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(a) The board consists of 18 [15] directors. |
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(b) Twelve [Nine] directors are appointed by the governor, |
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with the advice and consent of the senate, as follows: |
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(1) nine [six] directors who represent irrigation |
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districts that are members of the conference from a list of nominees |
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submitted by the committee of irrigation districts convened under |
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Section 1A.03 of this Act; |
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(2) one director who represents the public; |
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(3) one director who represents municipal class |
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entities that are members of the conference [water utilities]; and |
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(4) one director who represents water supply |
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corporations that are members of the conference [municipalities]. |
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(c) One director is appointed from each of the six counties |
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in the authority by majority vote of the commissioners court of that |
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county. In January of a year in which a director's term expires, |
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the commissioners court of the appropriate county shall appoint a |
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director for a four-year [two-year] term beginning February 1 of |
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that year. In addition to meeting the requirements of Subsection |
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(c-1) of this section, if applicable, a [A] director appointed as |
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provided by this subsection must: |
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(1) be a registered voter; |
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(2) reside in the county from which the director is |
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appointed; and |
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(3) work in a water-related field or have special |
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knowledge of water issues [be certified to the board by the county
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judge of the county from which the director is appointed]. |
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(c-1) A director appointed under Subsection (c) of this |
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section must reside in the most populous municipality in the county |
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from which the director is appointed if the county: |
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(1) does not hold water rights; |
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(2) does not have a certificate of convenience and |
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necessity to provide water service; and |
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(3) is not a water service provider. |
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(f) Directors [Permanent directors] appointed under |
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Subsection (b) or (c) of this section serve staggered four-year |
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terms. [Permanent directors appointed under Subsection (c) of this
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section serve staggered two-year terms.] |
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(h) In making an appointment under Subsection (b)(1) of this |
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section, the governor may reject one or more of the nominees on a |
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list submitted by the committee of irrigation districts and |
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request a new list of different nominees. The second list of |
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nominees must be submitted to the governor not later than the 14th |
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day after the date of the governor's request for a new list. If the |
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governor rejects one or more of the nominees on the second list, the |
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governor may request a third, final list of nominees, that must be |
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submitted to the governor not later than the 14th day after the date |
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of the governor's request for the third list. If the governor |
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rejects one or more of the nominees on the third list, the governor |
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may select any person who represents an irrigation district that is |
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a member of the conference to serve as a director. |
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(i) The watermaster serves as a nonvoting advisor to the |
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board. |
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SECTION 4. Chapter 385, Acts of the 78th Legislature, |
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Regular Session, 2003, is amended by adding Section 2.035 to read as |
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follows: |
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Sec. 2.035. REMOVAL FROM OFFICE. It is a ground for removal |
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from the board that a director is absent from more than half of the |
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regularly scheduled board meetings that the director is eligible to |
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attend during a calendar year without an excuse approved by a |
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majority vote of the board. |
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SECTION 5. Section 2.06(b), Chapter 385, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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(b) The president is the chief executive officer of the |
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authority. The president may not vote at a board meeting except to |
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break a tie vote. |
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SECTION 6. Section 3.07, Chapter 385, Acts of the 78th |
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Legislature, Regular Session, 2003, is amended to read as follows: |
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Sec. 3.07. COURT-APPOINTED RECEIVER. The authority may |
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serve as the court-appointed receiver in a matter determined by a |
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court concerning the disposition of assets of any political |
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subdivision, municipally owned utility, or water supply |
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corporation [district authorized by Section 59, Article XVI, Texas
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Constitution]. |
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SECTION 7. Chapter 385, Acts of the 78th Legislature, |
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Regular Session, 2003, is amended by adding Section 3.08 to read as |
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follows: |
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Sec. 3.08. DETERMINATION OF WATER RIGHTS. (a) Not later |
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than September 1 of each year, the watermaster shall provide to the |
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board a list of all water rights held inside the boundaries of the |
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authority and the authorized use for each right. |
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(b) The board shall timely review and certify each list. |
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(c) Not later than December 1 of each even-numbered year, |
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the board shall provide in writing to the governor and to each |
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member of the legislature whose legislative district is located |
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wholly or partly inside the boundaries of the authority: |
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(1) the most current list certified by the board under |
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this section; and |
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(2) a summary of the authorized uses for the water |
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rights on the most current list, including irrigation, municipal, |
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and industrial uses. |
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SECTION 8. Chapter 385, Acts of the 78th Legislature, |
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Regular Session, 2003, is amended by adding Section 4.04 to read as |
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follows: |
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Sec. 4.04. FEES AND ASSESSMENTS; AUTHORIZED CONTRIBUTIONS. |
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(a) The authority may impose a fee or assessment on a member of the |
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conference or another water user to pay authorized expenses of the |
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authority. |
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(b) Each fiscal year, the board shall determine the amount |
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of the fee or assessment based on the water rights held by the |
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affected entity. |
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(c) To determine the number of water rights, the board: |
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(1) shall, for a domestic, municipal, or industrial |
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water right, multiply by two the number of water rights certified by |
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the board under Section 3.08 of this Act; or |
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(2) shall, for any other water right, use the number of |
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water rights certified by the board under Section 3.08 of this Act. |
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(d) An initial fee or assessment imposed under this section |
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may not exceed five cents for each water right held by the affected |
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entity. |
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(e) The board may adopt standardized forms and procedures to |
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implement this section. |
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(f) The affected entity may charge any fee or assessment |
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paid to the authority to the operation and maintenance fund of the |
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entity or raise and pay the fee or assessment in any other |
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authorized manner. |
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(g) Any county in the authority, as authorized by the |
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commissioners court of the county, may contribute county money to |
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support the operations, projects, or other authorized expenses of |
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the authority. A county's contribution must be made as part of a |
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contract with the authority, and the contract must make clear how |
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the contribution serves a public purpose of the county. |
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SECTION 9. On or after the 90th day after the effective date |
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of this Act, and not later than one year after the effective date of |
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this Act, the watermaster appointed by the Texas Commission on |
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Environmental Quality under Subchapter G, Chapter 11, Water Code, |
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for the segment of the Rio Grande basin inside the boundaries of the |
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Rio Grande Regional Water Authority shall determine the number of |
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water rights held by each member of the conference of the Rio Grande |
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Regional Water Authority. |
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SECTION 10. (a) The terms of the members of the Board of |
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Directors of the Rio Grande Regional Water Authority serving on the |
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effective date of this Act expire on the date a majority of the |
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members required to be appointed under Subsection (c) of this |
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section qualify to serve. |
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(b) Not later than September 21, 2007, the committee of |
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irrigation districts shall convene as provided by Section 1A.03, |
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Chapter 385, Acts of the 78th Legislature, Regular Session, 2003, |
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as added by this Act, and submit to the governor an initial list of |
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nominees for the director positions under Section 2.01(b)(1) of |
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that chapter, as amended by this Act. |
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(c) Except as provided by Subsection (d) of this section, |
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not later than September 30, 2007: |
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(1) the governor shall appoint 12 members of the Board |
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of Directors of the Rio Grande Regional Water Authority as provided |
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by Section 2.01(b), Chapter 385, Acts of the 78th Legislature, |
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Regular Session, 2003, as amended by this Act; and |
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(2) the Commissioners Courts of Cameron, Hidalgo, |
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Starr, Webb, Willacy, and Zapata Counties shall each appoint a |
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member of the Board of Directors of the Rio Grande Regional Water |
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Authority as provided by Section 2.01(c), Chapter 385, Acts of the |
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78th Legislature, Regular Session, 2003, as amended by this Act. |
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(d) Appointments to the Board of Directors of the Rio Grande |
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Regional Water Authority under Subsection (c)(1) of this section |
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required to be made on or before September 30, 2007, are not: |
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(1) required to be made from the list of nominees |
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submitted by the committee of irrigation districts convened under |
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Section 1A.03, Chapter 385, Acts of the 78th Legislature, Regular |
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Session, 2003, as added by this Act; or |
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(2) subject to senate confirmation. |
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(e) At the first meeting of the Board of Directors of the Rio |
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Grande Regional Water Authority after directors are appointed under |
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Subsection (c) of this section, the directors shall draw lots to |
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determine their terms so that nine directors serve terms expiring |
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February 1, 2009, and nine directors serve terms expiring February |
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1, 2011. |
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SECTION 11. Sections 1.07, 2.01(d), and 3.03, Chapter 385, |
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Acts of the 78th Legislature, Regular Session, 2003, are repealed. |
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SECTION 12. This Act takes effect September 1, 2007. |