| 1 | 1 | | By: Seliger S.B. No. 689 |
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| 2 | 2 | | (In the Senate - Filed January 31, 2017; February 15, 2017, |
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| 3 | 3 | | read first time and referred to Committee on Agriculture, Water & |
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| 4 | 4 | | Rural Affairs; March 14, 2017, reported favorably by the following |
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| 5 | 5 | | vote: Yeas 6, Nays 0; March 14, 2017, sent to printer.) |
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| 6 | 6 | | Click here to see the committee vote |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the powers and election dates of the Hemphill County |
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| 12 | 12 | | Underground Water Conservation District. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 1(a), Chapter 157, Acts of the 74th |
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| 15 | 15 | | Legislature, Regular Session, 1995, is amended to read as follows: |
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| 16 | 16 | | (a) An underground water conservation district, to be known |
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| 17 | 17 | | as the Hemphill County Underground Water Conservation District, is |
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| 18 | 18 | | created in Hemphill County[, subject to approval at a confirmation |
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| 19 | 19 | | election under Section 8 of this Act. The district is a |
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| 20 | 20 | | governmental agency and a body politic and corporate]. |
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| 21 | 21 | | SECTION 2. Section 5, Chapter 157, Acts of the 74th |
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| 22 | 22 | | Legislature, Regular Session, 1995, is amended to read as follows: |
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| 23 | 23 | | Sec. 5. POWERS. (a) The district has all of the rights, |
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| 24 | 24 | | powers, privileges, [authority,] functions, and duties provided by |
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| 25 | 25 | | the general law of this state, including Chapter 36 [Chapters 50 and |
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| 26 | 26 | | 52], Water Code, applicable to groundwater [underground water] |
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| 27 | 27 | | conservation districts created under Section 59, Article XVI, Texas |
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| 28 | 28 | | Constitution, except the district may not exercise the power of |
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| 29 | 29 | | eminent domain for any purpose. This Act prevails over any |
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| 30 | 30 | | provision of general law that is in conflict or inconsistent with |
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| 31 | 31 | | this Act. |
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| 32 | 32 | | (b) The rights, powers, privileges, [authority,] functions, |
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| 33 | 33 | | and duties of the district are subject to the continuing right of |
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| 34 | 34 | | supervision of the state to be exercised by and through the Texas |
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| 35 | 35 | | Commission on Environmental Quality [Natural Resource Conservation |
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| 36 | 36 | | Commission]. |
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| 37 | 37 | | SECTION 3. Section 6(e), Chapter 157, Acts of the 74th |
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| 38 | 38 | | Legislature, Regular Session, 1995, is amended to read as follows: |
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| 39 | 39 | | (e) Each director must qualify to serve as director in the |
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| 40 | 40 | | manner provided by Section 36.055 [Sections 51.078 and 51.079], |
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| 41 | 41 | | Water Code. |
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| 42 | 42 | | SECTION 4. Section 9, Chapter 157, Acts of the 74th |
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| 43 | 43 | | Legislature, Regular Session, 1995, is amended to read as follows: |
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| 44 | 44 | | Sec. 9. ELECTION OF DIRECTORS. [(a) On the first Saturday |
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| 45 | 45 | | in May of the second year after the year in which the district is |
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| 46 | 46 | | authorized to be created at a confirmation election, an election |
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| 47 | 47 | | shall be held in the district for the election of two directors, |
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| 48 | 48 | | each of whom shall serve a two-year term, and three directors, each |
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| 49 | 49 | | of whom shall serve a four-year term. |
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| 50 | 50 | | [(b)] On the uniform election date [first Saturday] in May |
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| 51 | 51 | | of each even-numbered [subsequent second] year [following the |
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| 52 | 52 | | election], the district shall hold an election to elect the |
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| 53 | 53 | | appropriate number of directors [shall be elected] to the board. |
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| 54 | 54 | | SECTION 5. Sections 6(b) and (c), 7, 8, and 10, Chapter |
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| 55 | 55 | | 157, Acts of the 74th Legislature, Regular Session, 1995, are |
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| 56 | 56 | | repealed. |
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| 57 | 57 | | SECTION 6. (a) The legal notice of the intention to |
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| 58 | 58 | | introduce this Act, setting forth the general substance of this |
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| 59 | 59 | | Act, has been published as provided by law, and the notice and a |
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| 60 | 60 | | copy of this Act have been furnished to all persons, agencies, |
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| 61 | 61 | | officials, or entities to which they are required to be furnished |
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| 62 | 62 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 63 | 63 | | Government Code. |
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| 64 | 64 | | (b) The governor, one of the required recipients, has |
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| 65 | 65 | | submitted the notice and Act to the Texas Commission on |
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| 66 | 66 | | Environmental Quality. |
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| 67 | 67 | | (c) The Texas Commission on Environmental Quality has filed |
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| 68 | 68 | | its recommendations relating to this Act with the governor, the |
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| 69 | 69 | | lieutenant governor, and the speaker of the house of |
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| 70 | 70 | | representatives within the required time. |
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| 71 | 71 | | (d) All requirements of the constitution and laws of this |
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| 72 | 72 | | state and the rules and procedures of the legislature with respect |
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| 73 | 73 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 74 | 74 | | and accomplished. |
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| 75 | 75 | | SECTION 7. This Act takes effect immediately if it receives |
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| 76 | 76 | | a vote of two-thirds of all the members elected to each house, as |
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| 77 | 77 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 78 | 78 | | Act does not receive the vote necessary for immediate effect, this |
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| 79 | 79 | | Act takes effect September 1, 2017. |
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| 80 | 80 | | * * * * * |
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