Texas 2019 - 86th Regular

Texas House Bill HB4746 Latest Draft

Bill / Introduced Version Filed 04/17/2019

                            86R12680 SLB-D
 By: Stephenson H.B. No. 4746


 A BILL TO BE ENTITLED
 AN ACT
 relating to the board of directors of the Boling Municipal Water
 District.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 9018.001, Special District Local Laws
 Code, is amended by adding Subdivisions (1-a) and (1-b) to read as
 follows:
 (1-a)  "Commission" means the Texas Commission on
 Environmental Quality.
 (1-b)  "Director" means a board member.
 SECTION 2.  Subchapter C, Chapter 9018, Special District
 Local Laws Code, is amended by adding Section 9018.102 to read as
 follows:
 Sec. 9018.102.  TEMPORARY DIRECTORS.  (a)  The temporary
 board shall hold an election under Section 49.102, Water Code, to
 elect permanent directors.  The temporary board consists of:
 (1)  Brett Glenn;
 (2)  Steve Nelson;
 (3)  James Ezell;
 (4)  Theodore Rangel; and
 (5)  Bobby Charles.
 (b)  Temporary directors serve until the earlier of:
 (1)  the date permanent directors are elected at an
 election held under Section 49.102, Water Code; or
 (2)  the fourth anniversary of the effective date of
 the Act enacting this section.
 (c)  If permanent directors have not been elected at an
 election held under Section 49.102, Water Code, and the terms of the
 temporary directors have expired, successor temporary directors
 shall be appointed or reappointed as provided by Subsection (d) to
 serve terms that expire on the earlier of:
 (1)  the date permanent directors are elected at an
 election held under Section 49.102, Water Code; or
 (2)  the fourth anniversary of the date of the
 appointment or reappointment.
 (d)  If Subsection (c) applies, the owner or owners of a
 majority of the assessed value of the real property in the district
 may submit a petition to the commission requesting that the
 commission appoint as successor temporary directors the five
 persons named in the petition.  The commission shall appoint as
 successor temporary directors the five persons named in the
 petition.
 SECTION 3.  The Boling Municipal Water District retains all
 the rights, powers, privileges, authority, duties, and functions
 that it had before the effective date of this Act.
 SECTION 4.  (a)  The legislature validates and confirms all
 governmental acts and proceedings of the Boling Municipal Water
 District that were taken before the effective date of this Act.
 (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 5.  (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 6.  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, 2019.