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A BILL TO BE ENTITLED
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AN ACT
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relating to director elections and powers of the Texana Groundwater |
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Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ELECTION DATE |
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SECTION 1.01. NOVEMBER ELECTIONS. Section 8(b), Chapter |
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307, Acts of the 77th Legislature, Regular Session, 2001, is |
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amended to read as follows: |
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(b) On the uniform election date in November of each |
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even-numbered year [first Saturday in May of each subsequent second |
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year following the election], the appropriate number of directors
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shall be elected. |
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SECTION 1.02. NOVEMBER ELECTIONS. Section 3.1108(b), |
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Chapter 966, Acts of the 77th Legislature, Regular Session, 2001, |
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is amended to read as follows: |
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(b) On the uniform election date in November of each |
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even-numbered year [first Saturday in May of each subsequent second |
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year following the election], the appropriate number of directors
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shall be elected. |
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ARTICLE 2. DISTRICT POWERS |
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SECTION 2.01. NO EMINENT DOMAIN POWER. (a) Chapter 307, |
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Acts of the 77th Legislature, Regular Session, 2001, is amended by |
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adding Section 4A to read as follows: |
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Sec. 4A. NO EMINENT DOMAIN POWER. The district may not |
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exercise the powers granted by Section 36.105, Water Code. |
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(b) Chapter 966, Acts of the 77th Legislature, Regular |
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Session, 2001, is amended by adding Section 3.11041 to read as |
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follows: |
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Sec. 3.11041. NO EMINENT DOMAIN POWER. The district may not |
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exercise the powers granted by Section 36.105, Water Code. |
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SECTION 2.02. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. |
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Section 10(b), Chapter 307, Acts of the 77th Legislature, Regular |
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Session, 2001, is amended to read as follows: |
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(b) The district may contract with other governmental |
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entities[, including river authorities located in the district,]
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for the performance of any or all district functions. The district |
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may not contract with a [A] river authority to perform district |
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functions except as provided by Chapter 791, Government Code [with |
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which the district contracts under this section may perform |
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district functions as provided by the contract]. The district may |
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not exercise the powers granted by Section 36.105, Water Code. |
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SECTION 2.03. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES. |
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Section 3.1110(b), Chapter 966, Acts of the 77th Legislature, |
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Regular Session, 2001, is amended to read as follows: |
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(b) The district may contract with other governmental |
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entities[, including river authorities located in the district,]
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for the performance of any or all district functions. The district |
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may not contract with a [A] river authority to perform district |
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functions except as provided by Chapter 791, Government Code [with |
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which the district contracts under this section may perform |
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district functions as provided by the contract].
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ARTICLE 3. TRANSITION; VALIDATION; EFFECTIVE DATE |
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SECTION 3.01. TRANSITION. A member of the board of |
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directors of the Texana Groundwater Conservation District who is |
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serving as a director on the day before the effective date of this |
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Act shall serve until the director's term expires. A director whose |
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term expires in May 2012 shall continue to 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 in |
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accordance with Section 8, Chapter 307, and Section 3.1108, Chapter |
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966, Acts of the 77th Legislature, Regular Session, 2001, as |
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amended by this Act. A director whose term expires in May 2014 |
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shall continue to serve until the director's successor has |
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qualified following the directors' election held on the uniform |
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election date in November 2014. |
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SECTION 3.02. VALIDATION. (a) All governmental acts and |
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proceedings of the Texana Groundwater Conservation District |
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relating to the election or appointment of members of the board of |
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directors of the district that were taken before the effective date |
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of this Act are validated, ratified, and confirmed in all respects |
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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 3.03. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. |
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(a) The legal notice of the intention to introduce this Act, |
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setting forth the general substance of this Act, has been published |
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as provided by law, and the notice and a copy of this Act have been |
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furnished to all persons, agencies, officials, or entities to which |
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they are required to be furnished under Section 59, Article XVI, |
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Texas Constitution, and Chapter 313, 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 3.04. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2011. |