81R28428 SGA-D
By: Gallego H.B. No. 4807
A BILL TO BE ENTITLED
AN ACT
relating to the board of directors of the Red Bluff Water Power
Control District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Special District Local Laws Code, is
amended by adding Subtitle M to read as follows:
SUBTITLE M. WATER POWER CONTROL DISTRICTS
CHAPTER 9701. RED BLUFF WATER POWER CONTROL DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9701.001. DEFINITIONS. In this chapter:
(1) "Director" means a member of the Red Bluff board.
(2) "Member district" means the following water
improvement districts and irrigation districts:
(A) Loving County Water Improvement District No.
1;
(B) Pecos County Water Improvement District No.
2;
(C) Pecos County Water Improvement District No.
3;
(D) Reeves County Water Improvement District No.
2;
(E) Ward County Irrigation District No. 1;
(F) Ward County Irrigation District No. 3; and
(G) Ward County Water Improvement District No. 2.
(3) "Red Bluff board" means the board of directors of
the Red Bluff District.
(4) "Red Bluff District" means the Red Bluff Water
Power Control District.
Sec. 9701.002. NATURE OF DISTRICT. The Red Bluff District
is a water power control district in Loving, Pecos, Reeves, and Ward
Counties, created under and essential to accomplish the purposes of
Section 59, Article XVI, Texas Constitution.
Sec. 9701.003. DISTRICT TYPES ELIGIBLE FOR MEMBERSHIP. A
member district may be a water improvement district operating under
Chapter 55, Water Code, or an irrigation district operating under
Chapter 58, Water Code.
Sec. 9701.004. TERRITORY OF RED BLUFF DISTRICT. The
territory of the Red Bluff District is only that territory included
in the combined territory of the member districts.
[Sections 9701.005-9701.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 9701.051. APPOINTED BOARD OF DIRECTORS. (a) The Red
Bluff District is governed by a board of seven directors.
(b) The governing body of each member district shall appoint
one director to serve on the Red Bluff board. Each director
represents the member district from which the director was
appointed and serves at the pleasure of the governing body of that
member district.
(c) An elected official of any county, municipality, or
other political subdivision in the territory of the district may be
appointed to and serve on the Red Bluff board as a director without
penalty or forfeiture of office.
(d) If a vacancy occurs on the Red Bluff board, the member
district that appointed the director to the vacated position shall
appoint a person to fill the vacancy.
(e) Except as provided by this subsection, directors serve
staggered terms of six years. The initially appointed directors
shall draw lots to begin the staggering so that one or two directors
are appointed every two years.
(f) A director may not serve consecutive terms.
Sec. 9701.052. COMPENSATION; REIMBURSEMENT. (a) A
director is not entitled to compensation for performing the duties
of a director but is entitled to reimbursement of expenses
necessarily incurred in performing the duties of a director.
(b) A position on the Red Bluff board may not be construed to
be a civil office of emolument for any purpose, including a purpose
described by Section 40, Article XVI, Texas Constitution.
Sec. 9701.053. DIRECTOR AS ACTING GENERAL MANAGER. A
director may serve as the acting general manager of the district
only:
(1) during the initial establishment of the appointed
Red Bluff board; or
(2) for a period not to exceed six months if a vacancy
occurs in the position of general manager.
Sec. 9701.054. ORGANIZATIONAL MEETING. As soon as
practicable after all the initially appointed directors have
qualified under Section 49.055, Water Code, the directors shall
meet at a location in the Red Bluff District agreeable to a majority
of the directors. At the meeting, the directors shall elect
officers from among the directors and conduct any other district
business.
Sec. 9701.055. DISTRICT EMPLOYMENT RESTRICTION. The Red
Bluff District may not employ a person who is related to a director
within the third degree by consanguinity or affinity, as determined
under Subchapter B, Chapter 573, Government Code, during that
director's term of office. A district employee who is related
within the third degree by consanguinity or affinity to a person
appointed as a director shall resign from employment when that
director takes office.
[Sections 9701.056-9701.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9701.101. GENERAL POWERS AND DUTIES. The Red Bluff
District has all of the rights, powers, privileges, authority,
functions, and duties provided by the general law of this state,
including Chapters 49 and 51, Water Code, Chapter 76, General Laws,
Acts of the 43rd Legislature, Regular Session, 1933 (Article 7807d,
Vernon's Texas Civil Statutes), and Chapter 19, Acts of the 43rd
Legislature, 1st Called Session, 1933 (Article 7807dd, Vernon's
Texas Civil Statutes), applicable to water power control districts
created under Section 59, Article XVI, Texas Constitution.
SECTION 2. (a) In this section, "member district" has the
meaning assigned by Section 9701.001, Special District Local Laws
Code, as added by this Act.
(b) Not later than the 60th day after the later of the
effective date of this Act or the date on which this Act is
precleared under Section 5, Voting Rights Act of 1965 (42 U.S.C.
Section 1973c), the board of directors of each member district
shall appoint a director to the board of the Red Bluff Water Power
Control District and file the certificate of appointment with the
board of the Red Bluff Water Power Control District.
(c) On the date a director's certificate of appointment is
filed under Subsection (b) of this section, a director appointed
under Subsection (b) of this section replaces the director elected
to represent the same member district.
SECTION 3. (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 4. 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.