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AN ACT
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relating to the appointment of temporary directors and the |
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confirmation election of the Starr County Groundwater Conservation |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 8803, Special District |
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Local Laws Code, is amended by adding Section 8803.004 to read as |
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follows: |
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Sec. 8803.004. CONFIRMATION ELECTION REQUIRED. If the |
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creation of the district is not confirmed at a confirmation |
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election held before September 1, 2009: |
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(1) the district is dissolved on September 1, 2009, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to Starr County; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2012. |
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SECTION 2. Chapter 8803, Special District Local Laws Code, |
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is amended by adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. TEMPORARY PROVISIONS |
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Sec. 8803.021. APPOINTMENT OF TEMPORARY DIRECTORS. (a) |
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Not later than the 45th day after the effective date of this |
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subchapter, five temporary directors shall be appointed as follows: |
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(1) the Starr County Commissioners Court shall appoint |
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four temporary directors, with one of the temporary directors |
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appointed from each of the four commissioners precincts in the |
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county to represent the precinct in which the temporary director |
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resides; and |
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(2) the county judge of Starr County shall appoint one |
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temporary director who resides in the district to represent the |
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district at large. |
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(b) If there is a vacancy on the temporary board of |
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directors of the district, the remaining temporary directors shall |
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appoint a person to fill the vacancy in a manner that meets the |
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representational requirements of this section. |
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(c) Temporary directors serve until the earlier of: |
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(1) the time the temporary directors become initial |
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directors as provided by Section 8803.024; or |
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(2) the date this chapter expires under Section |
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8803.004. |
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Sec. 8803.022. ORGANIZATIONAL MEETING OF TEMPORARY |
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DIRECTORS. As soon as practicable after all the temporary |
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directors have qualified under Section 36.055, Water Code, a |
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majority of the temporary directors shall convene the |
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organizational meeting of the district at a location within the |
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district agreeable to a majority of the directors. If an agreement |
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on location cannot be reached, the organizational meeting shall be |
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at the Starr County Courthouse. |
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Sec. 8803.023. CONFIRMATION ELECTION. (a) The temporary |
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directors shall hold an election to confirm the creation of the |
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district. |
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(b) Section 41.001(a), Election Code, does not apply to a |
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confirmation election held as provided by this section. |
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(c) Except as provided by this section, a confirmation |
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election must be conducted as provided by Sections 36.017(b)-(i), |
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Water Code, and the Election Code. The provision of Section |
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36.017(d), Water Code, relating to the election of permanent |
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directors does not apply to a confirmation election under this |
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section. |
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(d) Starr County may pay for any portion of the costs |
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incident to the district's confirmation election. |
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Sec. 8803.024. INITIAL DIRECTORS. (a) If creation of the |
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district is confirmed at an election held under Section 8803.023, |
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the temporary directors of the district become the initial |
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directors of the district and serve on the board of directors until |
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permanent directors are elected under Section 8803.025. |
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(b) The initial directors for county precincts 2 and 3 serve |
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a term expiring June 1 following the first regularly scheduled |
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election of directors under Section 8803.025, and the initial |
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directors for county precincts 1 and 4 serve a term expiring June 1 |
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following the second regularly scheduled election of directors. |
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The at-large director shall serve a term expiring June 1 following |
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the second regularly scheduled election of directors. |
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Sec. 8803.025. INITIAL ELECTION OF PERMANENT DIRECTORS. On |
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the uniform election date prescribed by Section 41.001, Election |
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Code, in May of the first even-numbered year after the year in which |
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the district is authorized to be created at a confirmation |
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election, an election shall be held in the district for the election |
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of two directors to replace the initial directors who, under |
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Section 8803.024(b), serve a term expiring June 1 following that |
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election. |
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Sec. 8803.026. EXPIRATION OF SUBCHAPTER. This subchapter |
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expires September 1, 2012. |
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SECTION 3. Sections 5, 6, 7, 8, 9, and 11, Chapter 451, Acts |
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of the 79th Legislature, Regular Session, 2005, are repealed. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2072 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2072 on May 25, 2007, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2072 on May 28, 2007, by the following vote: Yeas 144, |
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Nays 0, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2072 was passed by the Senate, with |
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amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2072 on May 27, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |