Texas 2017 - 85th Regular

Texas House Bill HB886 Compare Versions

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1-By: King of Hemphill (Senate Sponsor - Seliger) H.B. No. 886
2- (In the Senate - Received from the House March 27, 2017;
3- April 24, 2017, read first time and referred to Committee on
4- Agriculture, Water & Rural Affairs; May 10, 2017, reported
5- favorably by the following vote: Yeas 7, Nays 0; May 10, 2017,
6- sent to printer.)
7-Click here to see the committee vote
1+H.B. No. 886
82
93
10- A BILL TO BE ENTITLED
114 AN ACT
125 relating to the powers and election dates of the Hemphill County
136 Underground Water Conservation District.
147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
158 SECTION 1. Section 1(a), Chapter 157, Acts of the 74th
169 Legislature, Regular Session, 1995, is amended to read as follows:
1710 (a) An underground water conservation district, to be known
1811 as the Hemphill County Underground Water Conservation District, is
1912 created in Hemphill County[, subject to approval at a confirmation
2013 election under Section 8 of this Act. The district is a
2114 governmental agency and a body politic and corporate].
2215 SECTION 2. Section 5, Chapter 157, Acts of the 74th
2316 Legislature, Regular Session, 1995, is amended to read as follows:
2417 Sec. 5. POWERS. (a) The district has all of the rights,
2518 powers, privileges, [authority,] functions, and duties provided by
2619 the general law of this state, including Chapter 36 [Chapters 50 and
2720 52], Water Code, applicable to groundwater [underground water]
2821 conservation districts created under Section 59, Article XVI, Texas
2922 Constitution, except the district may not exercise the power of
3023 eminent domain for any purpose. This Act prevails over any
3124 provision of general law that is in conflict or inconsistent with
3225 this Act.
3326 (b) The rights, powers, privileges, [authority,] functions,
3427 and duties of the district are subject to the continuing right of
3528 supervision of the state to be exercised by and through the Texas
3629 Commission on Environmental Quality [Natural Resource Conservation
3730 Commission].
3831 SECTION 3. Section 6(e), Chapter 157, Acts of the 74th
3932 Legislature, Regular Session, 1995, is amended to read as follows:
4033 (e) Each director must qualify to serve as director in the
4134 manner provided by Section 36.055 [Sections 51.078 and 51.079],
4235 Water Code.
4336 SECTION 4. Section 9, Chapter 157, Acts of the 74th
4437 Legislature, Regular Session, 1995, is amended to read as follows:
4538 Sec. 9. ELECTION OF DIRECTORS. [(a) On the first Saturday
4639 in May of the second year after the year in which the district is
4740 authorized to be created at a confirmation election, an election
4841 shall be held in the district for the election of two directors,
4942 each of whom shall serve a two-year term, and three directors, each
5043 of whom shall serve a four-year term.
5144 [(b)] On the uniform election date [first Saturday] in May
5245 of each even-numbered [subsequent second] year [following the
5346 election], the district shall hold an election to elect the
5447 appropriate number of directors [shall be elected] to the board.
5548 SECTION 5. Sections 6(b) and (c), 7, 8, and 10, Chapter
5649 157, Acts of the 74th Legislature, Regular Session, 1995, are
5750 repealed.
5851 SECTION 6. (a) The legal notice of the intention to
5952 introduce this Act, setting forth the general substance of this
6053 Act, has been published as provided by law, and the notice and a
6154 copy of this Act have been furnished to all persons, agencies,
6255 officials, or entities to which they are required to be furnished
6356 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
6457 Government Code.
6558 (b) The governor, one of the required recipients, has
6659 submitted the notice and Act to the Texas Commission on
6760 Environmental Quality.
6861 (c) The Texas Commission on Environmental Quality has filed
6962 its recommendations relating to this Act with the governor, the
7063 lieutenant governor, and the speaker of the house of
7164 representatives within the required time.
7265 (d) All requirements of the constitution and laws of this
7366 state and the rules and procedures of the legislature with respect
7467 to the notice, introduction, and passage of this Act are fulfilled
7568 and accomplished.
7669 SECTION 7. This Act takes effect immediately if it receives
7770 a vote of two-thirds of all the members elected to each house, as
7871 provided by Section 39, Article III, Texas Constitution. If this
7972 Act does not receive the vote necessary for immediate effect, this
8073 Act takes effect September 1, 2017.
81- * * * * *
74+ ______________________________ ______________________________
75+ President of the Senate Speaker of the House
76+ I certify that H.B. No. 886 was passed by the House on March
77+ 23, 2017, by the following vote: Yeas 142, Nays 0, 1 present, not
78+ voting.
79+ ______________________________
80+ Chief Clerk of the House
81+ I certify that H.B. No. 886 was passed by the Senate on May
82+ 12, 2017, by the following vote: Yeas 31, Nays 0.
83+ ______________________________
84+ Secretary of the Senate
85+ APPROVED: _____________________
86+ Date
87+ _____________________
88+ Governor