81R16104 SLB-F
By: Miller of Erath H.B. No. 3521
A BILL TO BE ENTITLED
AN ACT
relating to the Fox Crossing Water District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7, Chapter 779, Acts of the 69th
Legislature, Regular Session, 1985, is amended to read as follows:
Sec. 7. BOARD OF DIRECTORS. (a) The district is [shall
be] governed by a board of directors composed of five directors
[members] elected according to the commissioners precinct method as
provided by this section [at large from the district].
(b) One director shall be elected by the voters of the
entire district, and one director shall be elected from each county
commissioners precinct by the voters of that precinct.
(c) Except as provided by Subsection (e), to be eligible to
be a candidate for or to serve as director at large, a person must be
a registered voter in the district. To be a candidate for or to
serve as director from a county commissioners precinct, a person
must be a registered voter of that precinct.
(d) A person shall indicate on the application for a place
on the ballot:
(1) the precinct that the person seeks to represent;
or
(2) that the person seeks to represent the district at
large.
(e) When the boundaries of the county commissioners
precincts are redrawn after each federal decennial census to
reflect population changes, a director in office on the effective
date of the change, or a director elected or appointed before the
effective date of the change whose term of office begins on or after
the effective date of the change, shall serve in the precinct to
which elected or appointed even though the change in boundaries
places the person's residence outside the precinct for which the
person was elected or appointed.
(f) If territory is added to the district, the board shall
change the method of electing directors as necessary to ensure that
all district voters have fair representation on the board. A change
in the method of electing directors adopted by the board under this
subsection shall be implemented at the next directors' election at
which the change may be implemented consistent with federal
election law and election law of this state.
SECTION 2. Section 10(a), Chapter 779, Acts of the 69th
Legislature, Regular Session, 1985, is amended to read as follows:
(a) On the uniform election date [first Saturday] in
November [May] in each even-numbered [odd-numbered] year, an
election shall be held in the district to elect the appropriate
number of directors to the board.
SECTION 3. Section 29(c), Chapter 779, Acts of the 69th
Legislature, Regular Session, 1985, is amended to read as follows:
(c) In addition to other [the] authority granted by this
Act, the district has the rights, powers, privileges, authority,
and functions applicable to groundwater conservation districts as
provided by Chapter 36, Water Code, and municipal utility districts
provided by Chapter [Chapters 52 and] 54, Water Code. The district
has the rights, powers, privileges, authority, and functions under
Chapter 51, Water Code, to the extent necessary to carry out its
duties and authority relating to groundwater [underground water].
Chapter 49, Water Code, applies to the district to the extent that
it does not conflict with Chapter 36, Water Code. If any provision
of Chapter 36, 51, [52,] or 54, Water Code, conflicts or is
inconsistent with this Act, this Act prevails.
SECTION 4. The following sections of Chapter 779, Acts of
the 69th Legislature, Regular Session, 1985, are repealed:
(1) Section 5;
(2) Section 10(b);
(3) Section 11;
(4) Section 12;
(5) Section 13;
(6) Section 14;
(7) Section 15;
(8) Section 16;
(9) Section 17;
(10) Section 18;
(11) Section 19;
(12) Section 20;
(13) Section 21;
(14) Section 22;
(15) Section 23;
(16) Section 24;
(17) Section 25;
(18) Section 26;
(19) Section 27;
(20) Section 28;
(21) Section 30;
(22) Section 32;
(23) Section 35;
(24) Section 36;
(25) Section 52;
(26) Section 53;
(27) Section 54;
(28) Section 55;
(29) Section 56;
(30) Section 57;
(31) Section 58;
(32) Section 59;
(33) Section 60;
(34) Section 61;
(35) Section 62;
(36) Section 64;
(37) Section 65;
(38) Section 66;
(39) Section 67;
(40) Section 68;
(41) Section 69;
(42) Section 71;
(43) Section 72;
(44) Section 73;
(45) Section 74;
(46) Section 75; and
(47) Section 76.
SECTION 5. (a) A director of the board of the Fox Crossing
Water 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 Section 10(a), Chapter 779, Acts of the 69th
Legislature, Regular Session, 1985, 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.
(b) On the uniform election date in November 2010, the board
of directors of the Fox Crossing Water District shall hold an
election to elect successors to directors whose terms expire in
2010. The at-large director and the appropriate number of
directors from commissioners precincts shall be elected.
(c) On the uniform election date in November 2012, the board
of directors of the Fox Crossing Water District shall hold an
election to elect successors to directors whose terms expire in
2012. The appropriate number of directors from commissioners
precincts shall be elected.
SECTION 6. (a) All governmental acts and proceedings of the
Fox Crossing Water 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 7. (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 8. 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.