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A BILL TO BE ENTITLED
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AN ACT
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relating to the Fox Crossing Water District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7, Chapter 779, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended to read as follows: |
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Sec. 7. BOARD OF DIRECTORS. (a) The district is [shall
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be] governed by a board of directors composed of five directors |
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[members] elected according to the commissioners precinct method as |
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provided by this section [at large from the district]. |
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(b) One director shall be elected by the voters of the |
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entire district, and one director shall be elected from each county |
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commissioners precinct by the voters of that precinct. |
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(c) Except as provided by Subsection (e), to be eligible to |
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be a candidate for or to serve as director at large, a person must be |
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a registered voter in the district. To be a candidate for or to |
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serve as director from a county commissioners precinct, a person |
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must be a registered voter of that precinct. |
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(d) A person shall indicate on the application for a place |
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on the ballot: |
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(1) the precinct that the person seeks to represent; |
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or |
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(2) that the person seeks to represent the district at |
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large. |
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(e) When the boundaries of the county commissioners |
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precincts are redrawn after each federal decennial census to |
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reflect population changes, a director in office on the effective |
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date of the change, or a director elected or appointed before the |
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effective date of the change whose term of office begins on or after |
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the effective date of the change, shall serve in the precinct to |
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which elected or appointed even though the change in boundaries |
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places the person's residence outside the precinct for which the |
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person was elected or appointed. |
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(f) If territory is added to the district, the board shall |
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change the method of electing directors as necessary to ensure that |
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all district voters have fair representation on the board. A change |
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in the method of electing directors adopted by the board under this |
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subsection shall be implemented at the next directors' election at |
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which the change may be implemented consistent with federal |
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election law and election law of this state. |
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SECTION 2. Section 10(a), Chapter 779, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended to read as follows: |
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(a) On the uniform election date [first Saturday] in |
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November [May] in each even-numbered [odd-numbered] year, an |
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election shall be held in the district to elect the appropriate |
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number of directors to the board. |
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SECTION 3. Section 29(c), Chapter 779, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended to read as follows: |
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(c) In addition to other [the] authority granted by this |
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Act, the district has the rights, powers, privileges, authority, |
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and functions applicable to groundwater conservation districts as |
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provided by Chapter 36, Water Code, and municipal utility districts |
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provided by Chapter [Chapters 52 and] 54, Water Code. The district |
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has the rights, powers, privileges, authority, and functions under |
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Chapter 51, Water Code, to the extent necessary to carry out its |
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duties and authority relating to groundwater [underground water]. |
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Chapter 49, Water Code, applies to the district to the extent that |
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it does not conflict with Chapter 36, Water Code. If any provision |
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of Chapter 36, 51, [52,] or 54, Water Code, conflicts or is |
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inconsistent with this Act, this Act prevails. |
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SECTION 4. The following sections of Chapter 779, Acts of |
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the 69th Legislature, Regular Session, 1985, are repealed: |
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(1) Section 5; |
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(2) Section 10(b); |
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(3) Section 11; |
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(4) Section 12; |
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(5) Section 13; |
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(6) Section 14; |
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(7) Section 15; |
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(8) Section 16; |
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(9) Section 17; |
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(10) Section 18; |
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(11) Section 19; |
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(12) Section 20; |
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(13) Section 21; |
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(14) Section 22; |
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(15) Section 23; |
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(16) Section 24; |
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(17) Section 25; |
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(18) Section 26; |
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(19) Section 27; |
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(20) Section 28; |
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(21) Section 30; |
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(22) Section 32; |
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(23) Section 35; |
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(24) Section 36; |
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(25) Section 52; |
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(26) Section 53; |
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(27) Section 54; |
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(28) Section 55; |
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(29) Section 56; |
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(30) Section 57; |
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(31) Section 58; |
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(32) Section 59; |
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(33) Section 60; |
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(34) Section 61; |
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(35) Section 62; |
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(36) Section 64; |
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(37) Section 65; |
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(38) Section 66; |
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(39) Section 67; |
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(40) Section 68; |
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(41) Section 69; |
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(42) Section 71; |
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(43) Section 72; |
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(44) Section 73; |
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(45) Section 74; |
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(46) Section 75; and |
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(47) Section 76. |
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SECTION 5. (a) A director of the board of the Fox Crossing |
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Water District who is serving on the day before the effective date |
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of this Act shall serve until the director's term expires. A |
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director whose term expires in May 2010 shall serve until the |
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director's successor has qualified following the directors' |
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election held on the uniform election date in November 2010 in |
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accordance with Section 10(a), Chapter 779, Acts of the 69th |
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Legislature, Regular Session, 1985, as amended by this Act. A |
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director whose term expires in May 2012 shall serve until the |
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director's successor has qualified following the directors' |
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election held on the uniform election date in November 2012. |
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(b) On the uniform election date in November 2010, the board |
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of directors of the Fox Crossing Water District shall hold an |
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election to elect successors to directors whose terms expire in |
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2010. The at-large director and the appropriate number of |
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directors from commissioners precincts shall be elected. |
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(c) On the uniform election date in November 2012, the board |
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of directors of the Fox Crossing Water District shall hold an |
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election to elect successors to directors whose terms expire in |
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2012. The appropriate number of directors from commissioners |
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precincts shall be elected. |
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SECTION 6. (a) All governmental acts and proceedings of the |
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Fox Crossing Water District relating to the election of members of |
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the board of directors of the district that were taken before the |
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effective date of this Act are validated, ratified, and confirmed |
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in all respects as if they had been taken as authorized by law. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 7. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |