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A BILL TO BE ENTITLED
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AN ACT
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relating to the board of directors of the Red Bluff Water Power |
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Control District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Special District Local Laws Code, is |
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amended by adding Subtitle M to read as follows: |
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SUBTITLE M. WATER POWER CONTROL DISTRICTS |
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CHAPTER 9701. RED BLUFF WATER POWER CONTROL DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9701.001. DEFINITIONS. In this chapter: |
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(1) "Director" means a member of the Red Bluff board. |
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(2) "Member district" means the following water |
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improvement districts and irrigation districts: |
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(A) Loving County Water Improvement District No. |
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1; |
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(B) Pecos County Water Improvement District No. |
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2; |
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(C) Pecos County Water Improvement District No. |
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3; |
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(D) Reeves County Water Improvement District No. |
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2; |
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(E) Ward County Irrigation District No. 1; |
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(F) Ward County Irrigation District No. 3; and |
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(G) Ward County Water Improvement District No. 2. |
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(3) "Red Bluff board" means the board of directors of |
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the Red Bluff District. |
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(4) "Red Bluff District" means the Red Bluff Water |
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Power Control District. |
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Sec. 9701.002. NATURE OF DISTRICT. The Red Bluff District |
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is a water power control district in Loving, Pecos, Reeves, and Ward |
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Counties, created under and essential to accomplish the purposes of |
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Section 59, Article XVI, Texas Constitution. |
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Sec. 9701.003. DISTRICT TYPES ELIGIBLE FOR MEMBERSHIP. A |
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member district may be a water improvement district operating under |
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Chapter 55, Water Code, or an irrigation district operating under |
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Chapter 58, Water Code. |
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Sec. 9701.004. TERRITORY OF RED BLUFF DISTRICT. The |
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territory of the Red Bluff District is only that territory included |
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in the combined territory of the member districts. |
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[Sections 9701.005-9701.050 reserved for expansion] |
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SUBCHAPTER B. ADMINISTRATIVE PROVISIONS |
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Sec. 9701.051. APPOINTED BOARD OF DIRECTORS. (a) The Red |
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Bluff District is governed by a board of seven directors. |
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(b) The governing body of each member district shall appoint |
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one director to serve on the Red Bluff board. Each director |
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represents the member district from which the director was |
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appointed and serves at the pleasure of the governing body of that |
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member district. |
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(c) An elected official of any county, municipality, or |
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other political subdivision in the territory of the district may be |
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appointed to and serve on the Red Bluff board as a director without |
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penalty or forfeiture of office. |
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(d) If a vacancy occurs on the Red Bluff board, the member |
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district that appointed the director to the vacated position shall |
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appoint a person to fill the vacancy. |
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(e) Except as provided by this subsection, directors serve |
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staggered terms of six years. The initially appointed directors |
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shall draw lots to begin the staggering so that one or two directors |
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are appointed every two years. |
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(f) A director may not serve consecutive terms. |
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Sec. 9701.052. COMPENSATION; REIMBURSEMENT. (a) A |
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director is not entitled to compensation for performing the duties |
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of a director but is entitled to reimbursement of expenses |
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necessarily incurred in performing the duties of a director. |
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(b) A position on the Red Bluff board may not be construed to |
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be a civil office of emolument for any purpose, including a purpose |
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described by Section 40, Article XVI, Texas Constitution. |
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Sec. 9701.053. DIRECTOR AS ACTING GENERAL MANAGER. A |
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director may serve as the acting general manager of the district |
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only: |
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(1) during the initial establishment of the appointed |
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Red Bluff board; or |
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(2) for a period not to exceed six months if a vacancy |
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occurs in the position of general manager. |
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Sec. 9701.054. ORGANIZATIONAL MEETING. As soon as |
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practicable after all the initially appointed directors have |
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qualified under Section 49.055, Water Code, the directors shall |
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meet at a location in the Red Bluff District agreeable to a majority |
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of the directors. At the meeting, the directors shall elect |
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officers from among the directors and conduct any other district |
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business. |
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Sec. 9701.055. DISTRICT EMPLOYMENT RESTRICTION. The Red |
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Bluff District may not employ a person who is related to a director |
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within the third degree by consanguinity or affinity, as determined |
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under Subchapter B, Chapter 573, Government Code, during that |
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director's term of office. A district employee who is related |
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within the third degree by consanguinity or affinity to a person |
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appointed as a director shall resign from employment when that |
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director takes office. |
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[Sections 9701.056-9701.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 9701.101. GENERAL POWERS AND DUTIES. The Red Bluff |
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District has all of the rights, powers, privileges, authority, |
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functions, and duties provided by the general law of this state, |
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including Chapters 49 and 51, Water Code, Chapter 76, General Laws, |
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Acts of the 43rd Legislature, Regular Session, 1933 (Article 7807d, |
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Vernon's Texas Civil Statutes), and Chapter 19, Acts of the 43rd |
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Legislature, 1st Called Session, 1933 (Article 7807dd, Vernon's |
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Texas Civil Statutes), applicable to water power control districts |
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created under Section 59, Article XVI, Texas Constitution. |
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SECTION 2. (a) In this section, "member district" has the |
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meaning assigned by Section 9701.001, Special District Local Laws |
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Code, as added by this Act. |
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(b) Not later than the 60th day after the later of the |
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effective date of this Act or the date on which this Act is |
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precleared under Section 5, Voting Rights Act of 1965 (42 U.S.C. |
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Section 1973c), the board of directors of each member district |
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shall appoint a director to the board of the Red Bluff Water Power |
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Control District and file the certificate of appointment with the |
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board of the Red Bluff Water Power Control District. |
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(c) On the date a director's certificate of appointment is |
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filed under Subsection (b) of this section, a director appointed |
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under Subsection (b) of this section replaces the director elected |
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to represent the same member district. |
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SECTION 3. (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 4. 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. |