82R9653 SGA-F
By: Morrison H.B. No. 3805
A BILL TO BE ENTITLED
AN ACT
relating to director elections and powers of the Texana Groundwater
Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ELECTION DATE
SECTION 1.01. NOVEMBER ELECTIONS. Section 8(b), Chapter
307, Acts of the 77th Legislature, Regular Session, 2001, is
amended to read as follows:
(b) On the uniform election date in November of each
even-numbered year [first Saturday in May of each subsequent second
year following the election], the appropriate number of directors
shall be elected.
SECTION 1.02. NOVEMBER ELECTIONS. Section 3.1108(b),
Chapter 966, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
(b) On the uniform election date in November of each
even-numbered year [first Saturday in May of each subsequent second
year following the election], the appropriate number of directors
shall be elected.
ARTICLE 2. DISTRICT POWERS
SECTION 2.01. NO EMINENT DOMAIN POWER. (a) Chapter 307,
Acts of the 77th Legislature, Regular Session, 2001, is amended by
adding Section 4A to read as follows:
Sec. 4A. NO EMINENT DOMAIN POWER. The district may not
exercise the powers granted by Section 36.105, Water Code.
(b) Chapter 966, Acts of the 77th Legislature, Regular
Session, 2001, is amended by adding Section 3.11041 to read as
follows:
Sec. 3.11041. NO EMINENT DOMAIN POWER. The district may not
exercise the powers granted by Section 36.105, Water Code.
SECTION 2.02. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.
Section 10(b), Chapter 307, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(b) The district may contract with other governmental
entities[, including river authorities located in the district,]
for the performance of any or all district functions. The district
may not contract with a [A] river authority to perform district
functions except as provided by Chapter 791, Government Code [with
which the district contracts under this section may perform
district functions as provided by the contract]. The district may
not exercise the powers granted by Section 36.105, Water Code.
SECTION 2.03. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.
Section 3.1110(b), Chapter 966, Acts of the 77th Legislature,
Regular Session, 2001, is amended to read as follows:
(b) The district may contract with other governmental
entities[, including river authorities located in the district,]
for the performance of any or all district functions. The district
may not contract with a [A] river authority to perform district
functions except as provided by Chapter 791, Government Code [with
which the district contracts under this section may perform
district functions as provided by the contract].
ARTICLE 3. TRANSITION; VALIDATION; EFFECTIVE DATE
SECTION 3.01. TRANSITION. A member of the board of
directors of the Texana Groundwater Conservation District who is
serving as a director 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 2012 shall continue to serve until the
director's successor has qualified following the directors'
election held on the uniform election date in November 2012 in
accordance with Section 8, Chapter 307, and Section 3.1108, Chapter
966, Acts of the 77th Legislature, Regular Session, 2001, as
amended by this Act. A director whose term expires in May 2014
shall continue to serve until the director's successor has
qualified following the directors' election held on the uniform
election date in November 2014.
SECTION 3.02. VALIDATION. (a) All governmental acts and
proceedings of the Texana Groundwater Conservation District
relating to the election or appointment 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 3.03. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(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 3.04. EFFECTIVE DATE. 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, 2011.