82R9653 SGA-F
 
  By: Morrison H.B. No. 3805
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to director elections and powers of the Texana Groundwater
  Conservation District.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. ELECTION DATE
         SECTION 1.01.  NOVEMBER ELECTIONS. Section 8(b), Chapter
  307, Acts of the 77th Legislature, Regular Session, 2001, is
  amended to read as follows:
         (b)  On the uniform election date in November of each
  even-numbered year [first Saturday in May of each subsequent second
  year following the election], the appropriate number of directors
  shall be elected.
         SECTION 1.02.  NOVEMBER ELECTIONS. Section 3.1108(b),
  Chapter 966, Acts of the 77th Legislature, Regular Session, 2001,
  is amended to read as follows:
         (b)  On the uniform election date in November of each
  even-numbered year [first Saturday in May of each subsequent second
  year following the election], the appropriate number of directors
  shall be elected.
  ARTICLE 2. DISTRICT POWERS
         SECTION 2.01.  NO EMINENT DOMAIN POWER. (a) Chapter 307,
  Acts of the 77th Legislature, Regular Session, 2001, is amended by
  adding Section 4A to read as follows:
         Sec. 4A.  NO EMINENT DOMAIN POWER.  The district may not
  exercise the powers granted by Section 36.105, Water Code.
         (b)  Chapter 966, Acts of the 77th Legislature, Regular
  Session, 2001, is amended by adding Section 3.11041 to read as
  follows:
         Sec. 3.11041.  NO EMINENT DOMAIN POWER.  The district may not
  exercise the powers granted by Section 36.105, Water Code.
         SECTION 2.02. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.
  Section 10(b), Chapter 307, Acts of the 77th Legislature, Regular
  Session, 2001, is amended to read as follows:
         (b)  The district may contract with other governmental
  entities[, including river authorities located in the district,]
  for the performance of any or all district functions. The district
  may not contract with a [A] river authority to perform district
  functions except as provided by Chapter 791, Government Code [with
  which the district contracts under this section may perform
  district functions as provided by the contract].  The district may
  not exercise the powers granted by Section 36.105, Water Code.
         SECTION 2.03. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.
  Section 3.1110(b), Chapter 966, Acts of the 77th Legislature,
  Regular Session, 2001, is amended to read as follows:
         (b)  The district may contract with other governmental
  entities[, including river authorities located in the district,]
  for the performance of any or all district functions. The district
  may not contract with a [A] river authority to perform district
  functions except as provided by Chapter 791, Government Code [with
  which the district contracts under this section may perform
  district functions as provided by the contract].
         ARTICLE 3.  TRANSITION; VALIDATION; EFFECTIVE DATE
         SECTION 3.01.  TRANSITION. A member of the board of
  directors of the Texana Groundwater Conservation District who is
  serving as a director 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 2012 shall continue to serve until the
  director's successor has qualified following the directors'
  election held on the uniform election date in November 2012 in
  accordance with Section 8, Chapter 307, and Section 3.1108, Chapter
  966, Acts of the 77th Legislature, Regular Session, 2001, as
  amended by this Act. A director whose term expires in May 2014
  shall continue to serve until the director's successor has
  qualified following the directors' election held on the uniform
  election date in November 2014.
         SECTION 3.02.  VALIDATION. (a) All governmental acts and
  proceedings of the Texana Groundwater Conservation District
  relating to the election or appointment 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 3.03.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.  
  (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 3.04.  EFFECTIVE DATE.  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, 2011.