Texas 2009 - 81st Regular

Texas House Bill HB4807 Compare Versions

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1	1	81R28428 SGA-D
2	2	By: Gallego H.B. No. 4807
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the board of directors of the Red Bluff Water Power
8	8	Control District.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 6, Special District Local Laws Code, is
11	11	amended by adding Subtitle M to read as follows:
12	12	SUBTITLE M. WATER POWER CONTROL DISTRICTS
13	13	CHAPTER 9701. RED BLUFF WATER POWER CONTROL DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 9701.001. DEFINITIONS. In this chapter:
16	16	(1) "Director" means a member of the Red Bluff board.
17	17	(2) "Member district" means the following water
18	18	improvement districts and irrigation districts:
19	19	(A) Loving County Water Improvement District No.
20	20	1;
21	21	(B) Pecos County Water Improvement District No.
22	22	2;
23	23	(C) Pecos County Water Improvement District No.
24	24	3;
25	25	(D) Reeves County Water Improvement District No.
26	26	2;
27	27	(E) Ward County Irrigation District No. 1;
28	28	(F) Ward County Irrigation District No. 3; and
29	29	(G) Ward County Water Improvement District No. 2.
30	30	(3) "Red Bluff board" means the board of directors of
31	31	the Red Bluff District.
32	32	(4) "Red Bluff District" means the Red Bluff Water
33	33	Power Control District.
34	34	Sec. 9701.002. NATURE OF DISTRICT. The Red Bluff District
35	35	is a water power control district in Loving, Pecos, Reeves, and Ward
36	36	Counties, created under and essential to accomplish the purposes of
37	37	Section 59, Article XVI, Texas Constitution.
38	38	Sec. 9701.003. DISTRICT TYPES ELIGIBLE FOR MEMBERSHIP. A
39	39	member district may be a water improvement district operating under
40	40	Chapter 55, Water Code, or an irrigation district operating under
41	41	Chapter 58, Water Code.
42	42	Sec. 9701.004. TERRITORY OF RED BLUFF DISTRICT. The
43	43	territory of the Red Bluff District is only that territory included
44	44	in the combined territory of the member districts.
45	45	[Sections 9701.005-9701.050 reserved for expansion]
46	46	SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
47	47	Sec. 9701.051. APPOINTED BOARD OF DIRECTORS. (a) The Red
48	48	Bluff District is governed by a board of seven directors.
49	49	(b) The governing body of each member district shall appoint
50	50	one director to serve on the Red Bluff board. Each director
51	51	represents the member district from which the director was
52	52	appointed and serves at the pleasure of the governing body of that
53	53	member district.
54	54	(c) An elected official of any county, municipality, or
55	55	other political subdivision in the territory of the district may be
56	56	appointed to and serve on the Red Bluff board as a director without
57	57	penalty or forfeiture of office.
58	58	(d) If a vacancy occurs on the Red Bluff board, the member
59	59	district that appointed the director to the vacated position shall
60	60	appoint a person to fill the vacancy.
61	61	(e) Except as provided by this subsection, directors serve
62	62	staggered terms of six years. The initially appointed directors
63	63	shall draw lots to begin the staggering so that one or two directors
64	64	are appointed every two years.
65	65	(f) A director may not serve consecutive terms.
66	66	Sec. 9701.052. COMPENSATION; REIMBURSEMENT. (a) A
67	67	director is not entitled to compensation for performing the duties
68	68	of a director but is entitled to reimbursement of expenses
69	69	necessarily incurred in performing the duties of a director.
70	70	(b) A position on the Red Bluff board may not be construed to
71	71	be a civil office of emolument for any purpose, including a purpose
72	72	described by Section 40, Article XVI, Texas Constitution.
73	73	Sec. 9701.053. DIRECTOR AS ACTING GENERAL MANAGER. A
74	74	director may serve as the acting general manager of the district
75	75	only:
76	76	(1) during the initial establishment of the appointed
77	77	Red Bluff board; or
78	78	(2) for a period not to exceed six months if a vacancy
79	79	occurs in the position of general manager.
80	80	Sec. 9701.054. ORGANIZATIONAL MEETING. As soon as
81	81	practicable after all the initially appointed directors have
82	82	qualified under Section 49.055, Water Code, the directors shall
83	83	meet at a location in the Red Bluff District agreeable to a majority
84	84	of the directors. At the meeting, the directors shall elect
85	85	officers from among the directors and conduct any other district
86	86	business.
87	87	Sec. 9701.055. DISTRICT EMPLOYMENT RESTRICTION. The Red
88	88	Bluff District may not employ a person who is related to a director
89	89	within the third degree by consanguinity or affinity, as determined
90	90	under Subchapter B, Chapter 573, Government Code, during that
91	91	director's term of office. A district employee who is related
92	92	within the third degree by consanguinity or affinity to a person
93	93	appointed as a director shall resign from employment when that
94	94	director takes office.
95	95	[Sections 9701.056-9701.100 reserved for expansion]
96	96	SUBCHAPTER C. POWERS AND DUTIES
97	97	Sec. 9701.101. GENERAL POWERS AND DUTIES. The Red Bluff
98	98	District has all of the rights, powers, privileges, authority,
99	99	functions, and duties provided by the general law of this state,
100	100	including Chapters 49 and 51, Water Code, Chapter 76, General Laws,
101	101	Acts of the 43rd Legislature, Regular Session, 1933 (Article 7807d,
102	102	Vernon's Texas Civil Statutes), and Chapter 19, Acts of the 43rd
103	103	Legislature, 1st Called Session, 1933 (Article 7807dd, Vernon's
104	104	Texas Civil Statutes), applicable to water power control districts
105	105	created under Section 59, Article XVI, Texas Constitution.
106	106	SECTION 2. (a) In this section, "member district" has the
107	107	meaning assigned by Section 9701.001, Special District Local Laws
108	108	Code, as added by this Act.
109	109	(b) Not later than the 60th day after the later of the
110	110	effective date of this Act or the date on which this Act is
111	111	precleared under Section 5, Voting Rights Act of 1965 (42 U.S.C.
112	112	Section 1973c), the board of directors of each member district
113	113	shall appoint a director to the board of the Red Bluff Water Power
114	114	Control District and file the certificate of appointment with the
115	115	board of the Red Bluff Water Power Control District.
116	116	(c) On the date a director's certificate of appointment is
117	117	filed under Subsection (b) of this section, a director appointed
118	118	under Subsection (b) of this section replaces the director elected
119	119	to represent the same member district.
120	120	SECTION 3. (a) The legal notice of the intention to
121	121	introduce this Act, setting forth the general substance of this
122	122	Act, has been published as provided by law, and the notice and a
123	123	copy of this Act have been furnished to all persons, agencies,
124	124	officials, or entities to which they are required to be furnished
125	125	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
126	126	Government Code.
127	127	(b) The governor, one of the required recipients, has
128	128	submitted the notice and Act to the Texas Commission on
129	129	Environmental Quality.
130	130	(c) The Texas Commission on Environmental Quality has filed
131	131	its recommendations relating to this Act with the governor, the
132	132	lieutenant governor, and the speaker of the house of
133	133	representatives within the required time.
134	134	(d) All requirements of the constitution and laws of this
135	135	state and the rules and procedures of the legislature with respect
136	136	to the notice, introduction, and passage of this Act are fulfilled
137	137	and accomplished.
138	138	SECTION 4. This Act takes effect immediately if it receives
139	139	a vote of two-thirds of all the members elected to each house, as
140	140	provided by Section 39, Article III, Texas Constitution. If this
141	141	Act does not receive the vote necessary for immediate effect, this
142	142	Act takes effect September 1, 2009.