S.B. No. 1755

AN ACT

relating to the election of directors of the Clearwater Underground Water Conservation District.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (e), Section 10, Chapter 524, Acts of the 71st Legislature, Regular Session, 1989, is amended to read as follows:

(e) After the initial election of directors, all directors shall be elected to serve four-year terms, except as provided by Subsection (f). The terms of directors are staggered. On the uniform election date in November [first Saturday in May] of even-numbered years, the appropriate number of directors shall be elected.

SECTION 2. A director of the board of the Clearwater Underground Water Conservation District who is serving on the day before the effective date of this Act shall serve until the director's term expires. A director whose term expires in May 2010 shall serve until the director's successor has qualified following the directors' election held on the uniform election date in November 2010 in accordance with Subsection (e), Section 10, Chapter 524, Acts of the 71st Legislature, Regular Session, 1989, as amended by this Act. A director whose term expires in May 2012 shall serve until the director's successor has qualified following the directors' election held on the uniform election date in November 2012.

SECTION 3. (a) All governmental acts and proceedings of the Clearwater Underground Water Conservation District relating to the election of members of the board of directors of the district that were taken before the effective date of this Act are validated, ratified, and confirmed in all respects as if they had been taken as authorized by law.

(b) 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 court judgment; or

(2) has been held invalid by a final court judgment.

SECTION 4. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 5. 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, 2009.

______________________________ ______________________________

President of the Senate Speaker of the House

I hereby certify that S.B. No. 1755 passed the Senate on April 9, 2009, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate

I hereby certify that S.B. No. 1755 passed the House on May 7, 2009, by the following vote: Yeas 146, Nays 0, one present not voting.

______________________________ Chief Clerk of the House

Approved:

______________________________

Date

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Governor