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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and election dates of the Hemphill County |
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Underground Water Conservation District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1(a), Chapter 157, Acts of the 74th |
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Legislature, Regular Session, 1995, is amended to read as follows: |
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(a) An underground water conservation district, to be known |
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as the Hemphill County Underground Water Conservation District, is |
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created in Hemphill County[, subject to approval at a confirmation
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election under Section 8 of this Act. The district is a
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governmental agency and a body politic and corporate]. |
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SECTION 2. Section 5, Chapter 157, Acts of the 74th |
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Legislature, Regular Session, 1995, is amended to read as follows: |
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Sec. 5. POWERS. (a) The district has all of the rights, |
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powers, privileges, [authority,] functions, and duties provided by |
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the general law of this state, including Chapter 36 [Chapters 50 and
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52], Water Code, applicable to groundwater [underground water] |
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conservation districts created under Section 59, Article XVI, Texas |
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Constitution, except the district may not exercise the power of |
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eminent domain for any purpose. This Act prevails over any |
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provision of general law that is in conflict or inconsistent with |
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this Act. |
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(b) The rights, powers, privileges, [authority,] functions, |
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and duties of the district are subject to the continuing right of |
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supervision of the state to be exercised by and through the Texas |
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Commission on Environmental Quality [Natural Resource Conservation
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Commission]. |
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SECTION 3. Section 6(e), Chapter 157, Acts of the 74th |
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Legislature, Regular Session, 1995, is amended to read as follows: |
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(e) Each director must qualify to serve as director in the |
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manner provided by Section 36.055 [Sections 51.078 and 51.079], |
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Water Code. |
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SECTION 4. Section 9, Chapter 157, Acts of the 74th |
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Legislature, Regular Session, 1995, is amended to read as follows: |
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Sec. 9. ELECTION OF DIRECTORS. [(a) On the first Saturday
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in May of the second year after the year in which the district is
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authorized to be created at a confirmation election, an election
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shall be held in the district for the election of two directors,
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each of whom shall serve a two-year term, and three directors, each
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of whom shall serve a four-year term.
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[(b)] On the uniform election date [first Saturday] in May |
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of each even-numbered [subsequent second] year [following the
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election], the district shall hold an election to elect the |
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appropriate number of directors [shall be elected] to the board. |
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SECTION 5. Sections 6(b) and (c), 7, 8, and 10, Chapter |
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157, Acts of the 74th Legislature, Regular Session, 1995, are |
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repealed. |
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SECTION 6. (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 7. 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, 2017. |
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* * * * * |