11 | 4 | | AN ACT |
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12 | 5 | | relating to the powers and election dates of the Hemphill County |
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13 | 6 | | Underground Water Conservation District. |
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14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 8 | | SECTION 1. Section 1(a), Chapter 157, Acts of the 74th |
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16 | 9 | | Legislature, Regular Session, 1995, is amended to read as follows: |
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17 | 10 | | (a) An underground water conservation district, to be known |
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18 | 11 | | as the Hemphill County Underground Water Conservation District, is |
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19 | 12 | | created in Hemphill County[, subject to approval at a confirmation |
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20 | 13 | | election under Section 8 of this Act. The district is a |
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21 | 14 | | governmental agency and a body politic and corporate]. |
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22 | 15 | | SECTION 2. Section 5, Chapter 157, Acts of the 74th |
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23 | 16 | | Legislature, Regular Session, 1995, is amended to read as follows: |
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24 | 17 | | Sec. 5. POWERS. (a) The district has all of the rights, |
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25 | 18 | | powers, privileges, [authority,] functions, and duties provided by |
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26 | 19 | | the general law of this state, including Chapter 36 [Chapters 50 and |
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27 | 20 | | 52], Water Code, applicable to groundwater [underground water] |
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28 | 21 | | conservation districts created under Section 59, Article XVI, Texas |
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29 | 22 | | Constitution, except the district may not exercise the power of |
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30 | 23 | | eminent domain for any purpose. This Act prevails over any |
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31 | 24 | | provision of general law that is in conflict or inconsistent with |
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32 | 25 | | this Act. |
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33 | 26 | | (b) The rights, powers, privileges, [authority,] functions, |
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34 | 27 | | and duties of the district are subject to the continuing right of |
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35 | 28 | | supervision of the state to be exercised by and through the Texas |
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36 | 29 | | Commission on Environmental Quality [Natural Resource Conservation |
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37 | 30 | | Commission]. |
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38 | 31 | | SECTION 3. Section 6(e), Chapter 157, Acts of the 74th |
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39 | 32 | | Legislature, Regular Session, 1995, is amended to read as follows: |
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40 | 33 | | (e) Each director must qualify to serve as director in the |
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41 | 34 | | manner provided by Section 36.055 [Sections 51.078 and 51.079], |
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42 | 35 | | Water Code. |
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43 | 36 | | SECTION 4. Section 9, Chapter 157, Acts of the 74th |
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44 | 37 | | Legislature, Regular Session, 1995, is amended to read as follows: |
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45 | 38 | | Sec. 9. ELECTION OF DIRECTORS. [(a) On the first Saturday |
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46 | 39 | | in May of the second year after the year in which the district is |
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47 | 40 | | authorized to be created at a confirmation election, an election |
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48 | 41 | | shall be held in the district for the election of two directors, |
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49 | 42 | | each of whom shall serve a two-year term, and three directors, each |
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50 | 43 | | of whom shall serve a four-year term. |
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51 | 44 | | [(b)] On the uniform election date [first Saturday] in May |
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52 | 45 | | of each even-numbered [subsequent second] year [following the |
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53 | 46 | | election], the district shall hold an election to elect the |
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54 | 47 | | appropriate number of directors [shall be elected] to the board. |
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55 | 48 | | SECTION 5. Sections 6(b) and (c), 7, 8, and 10, Chapter |
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56 | 49 | | 157, Acts of the 74th Legislature, Regular Session, 1995, are |
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57 | 50 | | repealed. |
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58 | 51 | | SECTION 6. (a) The legal notice of the intention to |
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59 | 52 | | introduce this Act, setting forth the general substance of this |
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60 | 53 | | Act, has been published as provided by law, and the notice and a |
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61 | 54 | | copy of this Act have been furnished to all persons, agencies, |
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62 | 55 | | officials, or entities to which they are required to be furnished |
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63 | 56 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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64 | 57 | | Government Code. |
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65 | 58 | | (b) The governor, one of the required recipients, has |
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66 | 59 | | submitted the notice and Act to the Texas Commission on |
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67 | 60 | | Environmental Quality. |
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68 | 61 | | (c) The Texas Commission on Environmental Quality has filed |
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69 | 62 | | its recommendations relating to this Act with the governor, the |
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70 | 63 | | lieutenant governor, and the speaker of the house of |
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71 | 64 | | representatives within the required time. |
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72 | 65 | | (d) All requirements of the constitution and laws of this |
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73 | 66 | | state and the rules and procedures of the legislature with respect |
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74 | 67 | | to the notice, introduction, and passage of this Act are fulfilled |
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75 | 68 | | and accomplished. |
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76 | 69 | | SECTION 7. This Act takes effect immediately if it receives |
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77 | 70 | | a vote of two-thirds of all the members elected to each house, as |
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78 | 71 | | provided by Section 39, Article III, Texas Constitution. If this |
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79 | 72 | | Act does not receive the vote necessary for immediate effect, this |
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80 | 73 | | Act takes effect September 1, 2017. |
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