By Flores H.B. No. 3848
76R14449 WP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, administration, powers, duties,
1-3 operation, and financing of the Red Sands Groundwater Conservation
1-4 District in Hidalgo County.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. CREATION. (a) A groundwater conservation
1-7 district, to be known as the Red Sands Groundwater Conservation
1-8 District, is created in Hidalgo County, subject to approval at a
1-9 confirmation election under Section 8 of this Act. The district is
1-10 a governmental agency and a body politic and corporate.
1-11 (b) The district is created under and is essential to
1-12 accomplish the purposes of Section 59, Article XVI, Texas
1-13 Constitution.
1-14 SECTION 2. DEFINITION. In this Act, "district" means the
1-15 Red Sands Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The district includes all of the
1-17 territory contained in the following described area:
1-18 A 19,143 acre tract more or less out of San Salvador Del Tule Grant
1-19 as recorded in Volume 10, Page 58 of the Hidalgo County, Texas map
1-20 records and out of the Santa Anita Grant as recorded in Volume 7,
1-21 Page 38 of the Hidalgo County, Texas map records.
1-22 Commencing at the Southeast Corner of this here in described
1-23 boundary tract, said point being the intersection of the centerline
1-24 of U.S. Highway 281 and the centerline of Farm to Market Road
2-1 number 490 (F.M. 490) (West Hargill Road) as shown in the map of
2-2 San Salvador Del Tule Grant as recorded in Volume 10, Page 58 of
2-3 the Hidalgo County map records. Said point is also the point of
2-4 beginning.
2-5 Thence, Westerly along the center line of the F.M. 490, an
2-6 approximate distance of 18,400 feet to a point on the West line of
2-7 San Salvador Del Tule Grant, said point also being the intersection
2-8 of the centerline of F.M. 490 and the West line of the San Salvador
2-9 Del Tule Grant,
2-10 Thence, Northerly along the West line of the San Salvador Del Tule
2-11 Grant and the East line of the Santa Anita Grant at an approximate
2-12 distance of 21,300 feet to a point, said point being an inside
2-13 corner of this herein described tract, and also being the Southeast
2-14 corner of Redland Vineyards Subdivision as recorded in Volume 4,
2-15 Page 51 of the Hidalgo County map records,
2-16 Thence, Westerly along the South line of the Redland Vineyards
2-17 Subdivision, an approximate distance of 4,238 feet to a point, said
2-18 point being an outside corner of this herein described tract, said
2-19 point also being the Southwest corner of the Redland Vineyard
2-20 Subdivision,
2-21 Thence, Northerly with the West line of Redland Vineyards
2-22 Subdivision, at approximately 4,590.50 feet past a point, said
2-23 point being the Northwest corner of Redland Vineyard Subdivision,
2-24 and the Southwest corner of Delbridge Subdivision as recorded in
2-25 Volume 5, Page 11, Hidalgo County map records, and continuing
2-26 Northerly along the West line of Delbridge Subdivision for an
2-27 approximate total distance of 6,646 feet to a point, said point
3-1 being an inside corner of this herein described tract, and also
3-2 being the Northwest corner of Delbridge Subdivision,
3-3 Thence, Westerly along the South line of a 196.37 acres tract,
3-4 known as the A.B. De Kock Tract, an approximate distance of 3,500
3-5 feet past the Southeast corner of share 4, out of the 8,374.70 acre
3-6 tract partition out of the Santa Anita Grant as recorded in Volume
3-7 7, Page 38, in the Hidalgo County map records and continuing
3-8 Westerly for an approximate total distance of 6,500 feet to a
3-9 point, said point being an outside corner of this herein described
3-10 tract and also being the Southwest corner of share 4,
3-11 Thence, Northerly along the West line of share 4, an approximate
3-12 total distance of 19,143 feet to a point, said point being the
3-13 Northwest corner of this herein described tracts and, the
3-14 intersection of the West line of share 4 and the centerline of Farm
3-15 to Market Road number 1017, (F.M. 1017)
3-16 Thence, in a Southeasterly direction, with the Right-of-Way
3-17 centerline of Farm to Market Road number 1017 (F.M. 1017) an
3-18 approximate total distance of 27,800 feet to a point, said point
3-19 being the Northeast corner of this herein described tract, and also
3-20 being the intersection of the centerline of F.M. 1017 Right-of-Way
3-21 and the center line of the U.S. Highway 281 Right-Of-Way,
3-22 Thence, in a Southerly direction, with the centerline of U.S.
3-23 Highway 281 Right-Of-Way, an approximate distance of 7,500 feet
3-24 past Floral Road, and at approximate 21,700 feet past Red Gate Road
3-25 and at approximate 29,700 feet past Laguna Seca Road and for an
3-26 approximate total distance of 39,300 feet to the point of beginning
3-27 of this here in described tract, said tract contains 19,232 Acres,
4-1 More or Less.
4-2 SECTION 4. FINDING OF BENEFIT. All of the land and other
4-3 property included within the boundaries of the district will be
4-4 benefited by the works and projects that are to be accomplished by
4-5 the district under powers conferred by Section 59, Article XVI,
4-6 Texas Constitution. The district is created to serve a public use
4-7 and benefit.
4-8 SECTION 5. POWERS. (a) Except as provided by this Act, the
4-9 district has all of the rights, powers, privileges, authority,
4-10 functions, and duties provided by the general law of this state,
4-11 including Chapter 36, Water Code, applicable to groundwater
4-12 conservation districts created under Section 59, Article XVI,
4-13 Texas Constitution. This Act prevails over any provision of
4-14 general law that is in conflict or inconsistent with this Act.
4-15 (b) Chapter 49, Water Code, does not apply to the district.
4-16 (c) Notwithstanding Subsection (a) of this section, the
4-17 following provisions prevail over a conflicting or inconsistent
4-18 provision in this Act:
4-19 (1) Sections 36.107-36.108, Water Code;
4-20 (2) Sections 36.159-36.161, Water Code; and
4-21 (3) Subchapter I, Chapter 36, Water Code.
4-22 SECTION 6. BOARD OF DIRECTORS. (a) The district is
4-23 governed by a board of five directors, each elected at-large to one
4-24 of five numbered places.
4-25 (b) To qualify to serve as a director for places one through
4-26 four, an individual must own real property in and reside in the
4-27 district. An individual serving as a director for place five must
5-1 own real property in the district, but is not required to reside in
5-2 the district.
5-3 (c) Each director must qualify to serve as director in the
5-4 manner provided by Section 36.055, Water Code.
5-5 (d) Permanent directors serve staggered three-year terms.
5-6 (e) A director serves until the director's successor has
5-7 qualified.
5-8 (f) A vacancy in the office of director shall be filled by
5-9 appointment of the board until the next election for directors. At
5-10 the next election for directors, a person shall be elected to fill
5-11 the position. If the position is not scheduled to be filled at the
5-12 election, the person elected to fill the position shall serve only
5-13 for the remainder of the unexpired term.
5-14 (g) An appointed director is eligible to run for election to
5-15 the board.
5-16 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of
5-17 directors is composed of:
5-18 (1) Lucas Hinojosa;
5-19 (2) Becky Guerra;
5-20 (3) Arcadio Guerra;
5-21 (4) Elizabeth Ann Sweet; and
5-22 (5) John Cozad.
5-23 (b) The temporary directors are not required to meet the
5-24 eligibility requirements of permanent directors.
5-25 (c) Temporary directors serve until permanent directors are
5-26 elected at the confirmation election under Section 8 of this Act.
5-27 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
6-1 (a) The temporary board of directors shall call and hold an
6-2 election to confirm establishment of the district and to elect
6-3 initial directors.
6-4 (b) At the confirmation election and initial directors'
6-5 election, the temporary board of directors shall have placed on the
6-6 ballot the names of the candidates for each of the five numbered
6-7 positions. Names on the ballot may include persons serving as
6-8 temporary directors who intend to run for an initial director's
6-9 position together with the name of any candidate filing for an
6-10 initial director's position and blank spaces to write in the names
6-11 of other persons.
6-12 (c) If a majority of the votes cast at the election favor
6-13 the creation of the district, the temporary directors shall declare
6-14 the district created. If a majority of the votes cast at the
6-15 election are against the creation of the district, the temporary
6-16 directors shall declare the district defeated. The temporary
6-17 directors shall file a copy of the election results with the Texas
6-18 Natural Resource Conservation Commission.
6-19 (d) If a majority of the votes cast at the election are
6-20 against the creation of the district, the temporary directors may
6-21 call and hold subsequent elections to confirm establishment of the
6-22 district. If the establishment of the district has not been
6-23 confirmed at an election held under this section before the second
6-24 anniversary of the effective date of this Act, this Act expires on
6-25 that date.
6-26 (e) If the district is created at the election, the
6-27 temporary board of directors, at the time the vote is canvassed,
7-1 shall:
7-2 (1) declare the qualified person who receives the most
7-3 votes for each position to be elected as the initial director for
7-4 that position; and
7-5 (2) include the results of the initial directors'
7-6 election in the district's election report to the Texas Natural
7-7 Resource Conservation Commission.
7-8 (f) The initial directors shall draw lots to determine their
7-9 terms so that:
7-10 (1) one director serves a one-year term that expires
7-11 on the anniversary of the date the initial directors were elected;
7-12 (2) two directors serve two-year terms that expire on
7-13 the anniversary of the date the initial directors were elected; and
7-14 (3) two directors serve three-year terms that expire
7-15 on the anniversary of the date the initial directors were elected.
7-16 (g) Section 41.001(a), Election Code, does not apply to a
7-17 confirmation and initial directors' election held as provided by
7-18 this section.
7-19 (h) Except as provided by this section, a confirmation
7-20 election must be conducted as provided by Sections 36.017(b)-(h),
7-21 Water Code, and the Election Code.
7-22 SECTION 9. ELECTION OF PERMANENT DIRECTORS. Beginning in
7-23 the first year after the year in which the district is authorized
7-24 to be created at a confirmation election, the board shall call an
7-25 election to be held in the district on the first Saturday in the
7-26 month in which the initial directors were elected under Section 8
7-27 of this Act and every year after that date to elect the appropriate
8-1 number of directors to the board.
8-2 SECTION 10. ELIGIBLE DISTRICT VOTERS. (a) Any person
8-3 qualified to vote under the Election Code is an eligible voter in
8-4 the district.
8-5 (b) Notwithstanding Subsection (a) of this section,
8-6 nonresidents of the district who own real property in the district
8-7 are eligible to vote.
8-8 SECTION 11. TAXATION AUTHORITY. (a) The board of directors
8-9 shall impose taxes in accordance with the procedures under
8-10 Subchapter G, Chapter 36, Water Code.
8-11 (b) Notwithstanding Section 36.201, Water Code, the board of
8-12 directors may annually impose an ad valorem tax at a rate not to
8-13 exceed two cents on each $100 of assessed valuation, unless a
8-14 higher rate is approved by a majority of the voters of the district
8-15 voting at an election called and held for that purpose.
8-16 SECTION 12. TRANSPORTATION OF GROUNDWATER. (a) The board
8-17 of directors may adopt rules as provided by Section 36.122, Water
8-18 Code, requiring a permit to transport district groundwater outside
8-19 the district. The board of directors shall authorize the
8-20 transportation of groundwater for use outside the district if the
8-21 board determines that the use is in the public interest. The board
8-22 of directors may:
8-23 (1) designate uses of water that are in the public
8-24 interest; and
8-25 (2) establish criteria for permits issued under the
8-26 rules.
8-27 (b) Transportation projects for the use of groundwater
9-1 outside the district that began before the effective date of this
9-2 Act may continue without a permit if the use of groundwater is on
9-3 land contiguous to the district's boundaries and is for domestic or
9-4 livestock purposes.
9-5 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS.
9-6 (a) The proper and legal notice of the intention to introduce this
9-7 Act, setting forth the general substance of this Act, has been
9-8 published as provided by law, and the notice and a copy of this Act
9-9 have been furnished to all persons, agencies, officials, or
9-10 entities to which they are required to be furnished by the
9-11 constitution and other laws of this state, including the governor,
9-12 who has submitted the notice and Act to the Texas Natural Resource
9-13 Conservation Commission.
9-14 (b) The Texas Natural Resource Conservation Commission has
9-15 filed its recommendations relating to this Act with the governor,
9-16 lieutenant governor, and speaker of the house of representatives
9-17 within the required time.
9-18 (c) All requirements of the constitution and laws of this
9-19 state and the rules and procedures of the legislature with respect
9-20 to the notice, introduction, and passage of this Act are fulfilled
9-21 and accomplished.
9-22 SECTION 14. EFFECTIVE DATE. This Act takes effect September
9-23 1, 1999.
9-24 SECTION 15. EMERGENCY. The importance of this legislation
9-25 and the crowded condition of the calendars in both houses create an
9-26 emergency and an imperative public necessity that the
9-27 constitutional rule requiring bills to be read on three several
10-1 days in each house be suspended, and this rule is hereby suspended.