Texas 2011 - 82nd Regular

Texas House Bill HB3805 Compare Versions

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1	1	82R9653 SGA-F
2	2	By: Morrison H.B. No. 3805
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to director elections and powers of the Texana Groundwater
8	8	Conservation District.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. ELECTION DATE
11	11	SECTION 1.01. NOVEMBER ELECTIONS. Section 8(b), Chapter
12	12	307, Acts of the 77th Legislature, Regular Session, 2001, is
13	13	amended to read as follows:
14	14	(b) On the uniform election date in November of each
15	15	even-numbered year [first Saturday in May of each subsequent second
16	16	year following the election], the appropriate number of directors
17	17	shall be elected.
18	18	SECTION 1.02. NOVEMBER ELECTIONS. Section 3.1108(b),
19	19	Chapter 966, Acts of the 77th Legislature, Regular Session, 2001,
20	20	is amended to read as follows:
21	21	(b) On the uniform election date in November of each
22	22	even-numbered year [first Saturday in May of each subsequent second
23	23	year following the election], the appropriate number of directors
24	24	shall be elected.
25	25	ARTICLE 2. DISTRICT POWERS
26	26	SECTION 2.01. NO EMINENT DOMAIN POWER. (a) Chapter 307,
27	27	Acts of the 77th Legislature, Regular Session, 2001, is amended by
28	28	adding Section 4A to read as follows:
29	29	Sec. 4A. NO EMINENT DOMAIN POWER. The district may not
30	30	exercise the powers granted by Section 36.105, Water Code.
31	31	(b) Chapter 966, Acts of the 77th Legislature, Regular
32	32	Session, 2001, is amended by adding Section 3.11041 to read as
33	33	follows:
34	34	Sec. 3.11041. NO EMINENT DOMAIN POWER. The district may not
35	35	exercise the powers granted by Section 36.105, Water Code.
36	36	SECTION 2.02. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.
37	37	Section 10(b), Chapter 307, Acts of the 77th Legislature, Regular
38	38	Session, 2001, is amended to read as follows:
39	39	(b) The district may contract with other governmental
40	40	entities[, including river authorities located in the district,]
41	41	for the performance of any or all district functions. The district
42	42	may not contract with a [A] river authority to perform district
43	43	functions except as provided by Chapter 791, Government Code [with
44	44	which the district contracts under this section may perform
45	45	district functions as provided by the contract]. The district may
46	46	not exercise the powers granted by Section 36.105, Water Code.
47	47	SECTION 2.03. CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES.
48	48	Section 3.1110(b), Chapter 966, Acts of the 77th Legislature,
49	49	Regular Session, 2001, is amended to read as follows:
50	50	(b) The district may contract with other governmental
51	51	entities[, including river authorities located in the district,]
52	52	for the performance of any or all district functions. The district
53	53	may not contract with a [A] river authority to perform district
54	54	functions except as provided by Chapter 791, Government Code [with
55	55	which the district contracts under this section may perform
56	56	district functions as provided by the contract].
57	57	ARTICLE 3. TRANSITION; VALIDATION; EFFECTIVE DATE
58	58	SECTION 3.01. TRANSITION. A member of the board of
59	59	directors of the Texana Groundwater Conservation District who is
60	60	serving as a director on the day before the effective date of this
61	61	Act shall serve until the director's term expires. A director whose
62	62	term expires in May 2012 shall continue to serve until the
63	63	director's successor has qualified following the directors'
64	64	election held on the uniform election date in November 2012 in
65	65	accordance with Section 8, Chapter 307, and Section 3.1108, Chapter
66	66	966, Acts of the 77th Legislature, Regular Session, 2001, as
67	67	amended by this Act. A director whose term expires in May 2014
68	68	shall continue to serve until the director's successor has
69	69	qualified following the directors' election held on the uniform
70	70	election date in November 2014.
71	71	SECTION 3.02. VALIDATION. (a) All governmental acts and
72	72	proceedings of the Texana Groundwater Conservation District
73	73	relating to the election or appointment of members of the board of
74	74	directors of the district that were taken before the effective date
75	75	of this Act are validated, ratified, and confirmed in all respects
76	76	as if they had been taken as authorized by law.
77	77	(b) This section does not apply to any matter that on the
78	78	effective date of this Act:
79	79	(1) is involved in litigation if the litigation
80	80	ultimately results in the matter being held invalid by a final court
81	81	judgment; or
82	82	(2) has been held invalid by a final court judgment.
83	83	SECTION 3.03. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
84	84	(a) The legal notice of the intention to introduce this Act,
85	85	setting forth the general substance of this Act, has been published
86	86	as provided by law, and the notice and a copy of this Act have been
87	87	furnished to all persons, agencies, officials, or entities to which
88	88	they are required to be furnished under Section 59, Article XVI,
89	89	Texas Constitution, and Chapter 313, Government Code.
90	90	(b) The governor, one of the required recipients, has
91	91	submitted the notice and Act to the Texas Commission on
92	92	Environmental Quality.
93	93	(c) The Texas Commission on Environmental Quality has filed
94	94	its recommendations relating to this Act with the governor, the
95	95	lieutenant governor, and the speaker of the house of
96	96	representatives within the required time.
97	97	(d) All requirements of the constitution and laws of this
98	98	state and the rules and procedures of the legislature with respect
99	99	to the notice, introduction, and passage of this Act are fulfilled
100	100	and accomplished.
101	101	SECTION 3.04. EFFECTIVE DATE. This Act takes effect
102	102	immediately if it receives a vote of two-thirds of all the members
103	103	elected to each house, as provided by Section 39, Article III, Texas
104	104	Constitution. If this Act does not receive the vote necessary for
105	105	immediate effect, this Act takes effect September 1, 2011.