Texas 2009 - 81st Regular

Texas House Bill HB3521 Compare Versions

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1	1	81R16104 SLB-F
2	2	By: Miller of Erath H.B. No. 3521
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Fox Crossing Water District.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 7, Chapter 779, Acts of the 69th
10	10	Legislature, Regular Session, 1985, is amended to read as follows:
11	11	Sec. 7. BOARD OF DIRECTORS. (a) The district is [shall
12	12	be] governed by a board of directors composed of five directors
13	13	[members] elected according to the commissioners precinct method as
14	14	provided by this section [at large from the district].
15	15	(b) One director shall be elected by the voters of the
16	16	entire district, and one director shall be elected from each county
17	17	commissioners precinct by the voters of that precinct.
18	18	(c) Except as provided by Subsection (e), to be eligible to
19	19	be a candidate for or to serve as director at large, a person must be
20	20	a registered voter in the district. To be a candidate for or to
21	21	serve as director from a county commissioners precinct, a person
22	22	must be a registered voter of that precinct.
23	23	(d) A person shall indicate on the application for a place
24	24	on the ballot:
25	25	(1) the precinct that the person seeks to represent;
26	26	or
27	27	(2) that the person seeks to represent the district at
28	28	large.
29	29	(e) When the boundaries of the county commissioners
30	30	precincts are redrawn after each federal decennial census to
31	31	reflect population changes, a director in office on the effective
32	32	date of the change, or a director elected or appointed before the
33	33	effective date of the change whose term of office begins on or after
34	34	the effective date of the change, shall serve in the precinct to
35	35	which elected or appointed even though the change in boundaries
36	36	places the person's residence outside the precinct for which the
37	37	person was elected or appointed.
38	38	(f) If territory is added to the district, the board shall
39	39	change the method of electing directors as necessary to ensure that
40	40	all district voters have fair representation on the board. A change
41	41	in the method of electing directors adopted by the board under this
42	42	subsection shall be implemented at the next directors' election at
43	43	which the change may be implemented consistent with federal
44	44	election law and election law of this state.
45	45	SECTION 2. Section 10(a), Chapter 779, Acts of the 69th
46	46	Legislature, Regular Session, 1985, is amended to read as follows:
47	47	(a) On the uniform election date [first Saturday] in
48	48	November [May] in each even-numbered [odd-numbered] year, an
49	49	election shall be held in the district to elect the appropriate
50	50	number of directors to the board.
51	51	SECTION 3. Section 29(c), Chapter 779, Acts of the 69th
52	52	Legislature, Regular Session, 1985, is amended to read as follows:
53	53	(c) In addition to other [the] authority granted by this
54	54	Act, the district has the rights, powers, privileges, authority,
55	55	and functions applicable to groundwater conservation districts as
56	56	provided by Chapter 36, Water Code, and municipal utility districts
57	57	provided by Chapter [Chapters 52 and] 54, Water Code. The district
58	58	has the rights, powers, privileges, authority, and functions under
59	59	Chapter 51, Water Code, to the extent necessary to carry out its
60	60	duties and authority relating to groundwater [underground water].
61	61	Chapter 49, Water Code, applies to the district to the extent that
62	62	it does not conflict with Chapter 36, Water Code. If any provision
63	63	of Chapter 36, 51, [52,] or 54, Water Code, conflicts or is
64	64	inconsistent with this Act, this Act prevails.
65	65	SECTION 4. The following sections of Chapter 779, Acts of
66	66	the 69th Legislature, Regular Session, 1985, are repealed:
67	67	(1) Section 5;
68	68	(2) Section 10(b);
69	69	(3) Section 11;
70	70	(4) Section 12;
71	71	(5) Section 13;
72	72	(6) Section 14;
73	73	(7) Section 15;
74	74	(8) Section 16;
75	75	(9) Section 17;
76	76	(10) Section 18;
77	77	(11) Section 19;
78	78	(12) Section 20;
79	79	(13) Section 21;
80	80	(14) Section 22;
81	81	(15) Section 23;
82	82	(16) Section 24;
83	83	(17) Section 25;
84	84	(18) Section 26;
85	85	(19) Section 27;
86	86	(20) Section 28;
87	87	(21) Section 30;
88	88	(22) Section 32;
89	89	(23) Section 35;
90	90	(24) Section 36;
91	91	(25) Section 52;
92	92	(26) Section 53;
93	93	(27) Section 54;
94	94	(28) Section 55;
95	95	(29) Section 56;
96	96	(30) Section 57;
97	97	(31) Section 58;
98	98	(32) Section 59;
99	99	(33) Section 60;
100	100	(34) Section 61;
101	101	(35) Section 62;
102	102	(36) Section 64;
103	103	(37) Section 65;
104	104	(38) Section 66;
105	105	(39) Section 67;
106	106	(40) Section 68;
107	107	(41) Section 69;
108	108	(42) Section 71;
109	109	(43) Section 72;
110	110	(44) Section 73;
111	111	(45) Section 74;
112	112	(46) Section 75; and
113	113	(47) Section 76.
114	114	SECTION 5. (a) A director of the board of the Fox Crossing
115	115	Water District who is serving on the day before the effective date
116	116	of this Act shall serve until the director's term expires. A
117	117	director whose term expires in May 2010 shall serve until the
118	118	director's successor has qualified following the directors'
119	119	election held on the uniform election date in November 2010 in
120	120	accordance with Section 10(a), Chapter 779, Acts of the 69th
121	121	Legislature, Regular Session, 1985, as amended by this Act. A
122	122	director whose term expires in May 2012 shall serve until the
123	123	director's successor has qualified following the directors'
124	124	election held on the uniform election date in November 2012.
125	125	(b) On the uniform election date in November 2010, the board
126	126	of directors of the Fox Crossing Water District shall hold an
127	127	election to elect successors to directors whose terms expire in
128	128	2010. The at-large director and the appropriate number of
129	129	directors from commissioners precincts shall be elected.
130	130	(c) On the uniform election date in November 2012, the board
131	131	of directors of the Fox Crossing Water District shall hold an
132	132	election to elect successors to directors whose terms expire in
133	133	2012. The appropriate number of directors from commissioners
134	134	precincts shall be elected.
135	135	SECTION 6. (a) All governmental acts and proceedings of the
136	136	Fox Crossing Water District relating to the election of members of
137	137	the board of directors of the district that were taken before the
138	138	effective date of this Act are validated, ratified, and confirmed
139	139	in all respects as if they had been taken as authorized by law.
140	140	(b) This section does not apply to any matter that on the
141	141	effective date of this Act:
142	142	(1) is involved in litigation if the litigation
143	143	ultimately results in the matter being held invalid by a final court
144	144	judgment; or
145	145	(2) has been held invalid by a final court judgment.
146	146	SECTION 7. (a) The legal notice of the intention to
147	147	introduce this Act, setting forth the general substance of this
148	148	Act, has been published as provided by law, and the notice and a
149	149	copy of this Act have been furnished to all persons, agencies,
150	150	officials, or entities to which they are required to be furnished
151	151	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
152	152	Government Code.
153	153	(b) The governor, one of the required recipients, has
154	154	submitted the notice and Act to the Texas Commission on
155	155	Environmental Quality.
156	156	(c) The Texas Commission on Environmental Quality has filed
157	157	its recommendations relating to this Act with the governor, the
158	158	lieutenant governor, and the speaker of the house of
159	159	representatives within the required time.
160	160	(d) All requirements of the constitution and laws of this
161	161	state and the rules and procedures of the legislature with respect
162	162	to the notice, introduction, and passage of this Act are fulfilled
163	163	and accomplished.
164	164	SECTION 8. This Act takes effect immediately if it receives
165	165	a vote of two-thirds of all the members elected to each house, as
166	166	provided by Section 39, Article III, Texas Constitution. If this
167	167	Act does not receive the vote necessary for immediate effect, this
168	168	Act takes effect September 1, 2009.