| 1 | 1 | | 89R22241 SCF-F |
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| 2 | 2 | | By: Blanco S.B. No. 3044 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the composition of the board of directors and the powers |
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| 10 | 10 | | of the Presidio County Underground Water Conservation District. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 5, Chapter 453, Acts of the 73rd |
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| 13 | 13 | | Legislature, Regular Session, 1993, is amended to read as follows: |
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| 14 | 14 | | SECTION 5. POWERS. (a) The district has all of the rights, |
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| 15 | 15 | | powers, privileges, authority, functions, and duties provided by |
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| 16 | 16 | | the general law of this state, including Chapters 50 and 52, Water |
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| 17 | 17 | | Code, applicable to groundwater [underground water] conservation |
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| 18 | 18 | | districts created under Article XVI, Section 59, of the Texas |
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| 19 | 19 | | Constitution. This Act prevails over any provision of general law |
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| 20 | 20 | | that is in conflict or inconsistent with this Act. |
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| 21 | 21 | | (b) The rights, powers, privileges, authority, functions, |
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| 22 | 22 | | and duties of the district are subject to the continuing right of |
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| 23 | 23 | | supervision of the state to be exercised by and through the Texas |
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| 24 | 24 | | [Water] Commission on Environmental Quality. |
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| 25 | 25 | | (c) Section 36.121, Water Code, does not apply to the |
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| 26 | 26 | | district. |
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| 27 | 27 | | SECTION 2. Section 6, Chapter 453, Acts of the 73rd |
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| 28 | 28 | | Legislature, Regular Session, 1993, is amended by amending |
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| 29 | 29 | | Subsections (a), (g), and (h) and adding Subsections (d-1) and |
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| 30 | 30 | | (d-2) to read as follows: |
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| 31 | 31 | | (a) The district is governed by a board of seven [five] |
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| 32 | 32 | | directors. |
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| 33 | 33 | | (d-1) One member of the board shall be appointed by the |
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| 34 | 34 | | governing body of the City of Marfa. |
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| 35 | 35 | | (d-2) One member of the board shall be appointed by the |
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| 36 | 36 | | governing body of the City of Presidio. |
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| 37 | 37 | | (g) A [If there is a] vacancy on the board shall be filled |
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| 38 | 38 | | for the unexpired term in the same manner provided for the |
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| 39 | 39 | | appointment of the position [, the commissioners court of Presidio |
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| 40 | 40 | | County, as appropriate, shall appoint a director to serve the |
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| 41 | 41 | | remainder of the term]. |
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| 42 | 42 | | (h) An appointing entity [The commissioners court of |
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| 43 | 43 | | Presidio County, as appropriate,] shall appoint a director to |
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| 44 | 44 | | succeed a director appointed by that entity on or before the date |
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| 45 | 45 | | the director's term expires. |
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| 46 | 46 | | SECTION 3. Section 6(e), Chapter 453, Acts of the 73rd |
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| 47 | 47 | | Legislature, Regular Session, 1993, is repealed. |
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| 48 | 48 | | SECTION 4. (a) The legal notice of the intention to |
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| 49 | 49 | | introduce this Act, setting forth the general substance of this |
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| 50 | 50 | | Act, has been published as provided by law, and the notice and a |
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| 51 | 51 | | copy of this Act have been furnished to all persons, agencies, |
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| 52 | 52 | | officials, or entities to which they are required to be furnished |
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| 53 | 53 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 54 | 54 | | Government Code. |
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| 55 | 55 | | (b) The governor, one of the required recipients, has |
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| 56 | 56 | | submitted the notice and Act to the Texas Commission on |
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| 57 | 57 | | Environmental Quality. |
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| 58 | 58 | | (c) The Texas Commission on Environmental Quality has filed |
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| 59 | 59 | | its recommendations relating to this Act with the governor, the |
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| 60 | 60 | | lieutenant governor, and the speaker of the house of |
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| 61 | 61 | | representatives within the required time. |
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| 62 | 62 | | (d) All requirements of the constitution and laws of this |
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| 63 | 63 | | state and the rules and procedures of the legislature with respect |
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| 64 | 64 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 65 | 65 | | and accomplished. |
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| 66 | 66 | | SECTION 5. This Act takes effect immediately if it receives |
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| 67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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| 68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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| 70 | 70 | | Act takes effect September 1, 2025. |
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