By Flores H.B. No. 3848 76R13968 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) The rights, powers, privileges, authority, functions, 4-16 and duties of the district are subject to the continuing right of 4-17 supervision of the state to be exercised by and through the Texas 4-18 Natural Resource Conservation Commission. 4-19 (c) Chapter 49, Water Code, does not apply to the district. 4-20 (d) Notwithstanding Subsection (a) of this section, the 4-21 following provisions prevail over a conflicting or inconsistent 4-22 provision in this Act: 4-23 (1) Sections 36.107-36.108, Water Code; 4-24 (2) Sections 36.159-36.161, Water Code; and 4-25 (3) Subchapter I, Chapter 36, Water Code. 4-26 SECTION 6. BOARD OF DIRECTORS. (a) The district is 4-27 governed by a board of five directors, each elected at-large to one 5-1 of five numbered places. 5-2 (b) To qualify to serve as a director for places one through 5-3 four, an individual must own real property in and reside in the 5-4 district. An individual serving as a director for place five must 5-5 own real property in the district, but is not required to reside in 5-6 the district. 5-7 (c) Each director must qualify to serve as director in the 5-8 manner provided by Section 36.055, Water Code. 5-9 (d) Permanent directors serve staggered three-year terms. 5-10 (e) A director serves until the director's successor has 5-11 qualified. 5-12 (f) A vacancy in the office of director shall be filled by 5-13 appointment of the board until the next election for directors. At 5-14 the next election for directors, a person shall be elected to fill 5-15 the position. If the position is not scheduled to be filled at the 5-16 election, the person elected to fill the position shall serve only 5-17 for the remainder of the unexpired term. 5-18 (g) An appointed director is eligible to run for election to 5-19 the board. 5-20 SECTION 7. TEMPORARY DIRECTORS. (a) The temporary board of 5-21 directors is composed of: 5-22 (1) Lucas Hinojosa; 5-23 (2) Becky Guerra; 5-24 (3) Arcadio Guerra; 5-25 (4) Elizabeth Ann Sweet; and 5-26 (5) John Cozad. 5-27 (b) The temporary directors are not required to meet the 6-1 eligibility requirements of permanent directors. 6-2 (c) Temporary directors serve until permanent directors are 6-3 elected at the confirmation election under Section 8 of this Act. 6-4 SECTION 8. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. 6-5 (a) The temporary board of directors shall call and hold an 6-6 election to confirm establishment of the district and to elect 6-7 initial directors. 6-8 (b) At the confirmation election and initial directors' 6-9 election, the temporary board of directors shall have placed on the 6-10 ballot the names of the candidates for each of the five numbered 6-11 positions. Names on the ballot may include persons serving as 6-12 temporary directors who intend to run for an initial director's 6-13 position together with the name of any candidate filing for an 6-14 initial director's position and blank spaces to write in the names 6-15 of other persons. 6-16 (c) If a majority of the votes cast at the election favor 6-17 the creation of the district, the temporary directors shall declare 6-18 the district created. If a majority of the votes cast at the 6-19 election are against the creation of the district, the temporary 6-20 directors shall declare the district defeated. The temporary 6-21 directors shall file a copy of the election results with the Texas 6-22 Natural Resource Conservation Commission. 6-23 (d) If a majority of the votes cast at the election are 6-24 against the creation of the district, the temporary directors may 6-25 call and hold subsequent elections to confirm establishment of the 6-26 district. If the establishment of the district has not been 6-27 confirmed at an election held under this section before the fourth 7-1 anniversary of the effective date of this Act, this Act expires on 7-2 that date. 7-3 (e) If the district is created at the election, the 7-4 temporary board of directors, at the time the vote is canvassed, 7-5 shall: 7-6 (1) declare the qualified person who receives the most 7-7 votes for each position to be elected as the initial director for 7-8 that position; and 7-9 (2) include the results of the initial directors' 7-10 election in the district's election report to the Texas Natural 7-11 Resource Conservation Commission. 7-12 (f) The initial directors shall draw lots to determine their 7-13 terms so that: 7-14 (1) one director serves a one-year term that expires 7-15 on the anniversary of the date the initial directors were elected; 7-16 (2) two directors serve two-year terms that expire on 7-17 the anniversary of the date the initial directors were elected; and 7-18 (3) two directors serve three-year terms that expire 7-19 on the anniversary of the date the initial directors were elected. 7-20 (g) Section 41.001(a), Election Code, does not apply to a 7-21 confirmation and initial directors' election held as provided by 7-22 this section. 7-23 (h) Except as provided by this section, a confirmation 7-24 election must be conducted as provided by Sections 36.017(b)-(h), 7-25 Water Code, and the Election Code. 7-26 SECTION 9. ELECTION OF PERMANENT DIRECTORS. Beginning in 7-27 the first year after the year in which the district is authorized 8-1 to be created at a confirmation election, the board shall call an 8-2 election to be held in the district on the first Saturday in the 8-3 month in which the initial directors were elected under Section 8 8-4 of this Act and every year after that date to elect the appropriate 8-5 number of directors to the board. 8-6 SECTION 10. ELIGIBLE DISTRICT VOTERS. (a) Any person 8-7 qualified to vote under the Election Code is an eligible voter in 8-8 the district. 8-9 (b) Notwithstanding Subsection (a) of this section, 8-10 nonresidents of the district who own real property in the district 8-11 are eligible to vote. 8-12 SECTION 11. TAXATION AUTHORITY. (a) The board of directors 8-13 shall impose taxes in accordance with the procedures under 8-14 Subchapter G, Chapter 36, Water Code. 8-15 (b) Notwithstanding Section 36.201, Water Code, the board of 8-16 directors may annually impose an ad valorem tax at a rate not to 8-17 exceed two cents on each $100 of assessed valuation, unless a 8-18 higher rate is approved by a majority of the voters of the district 8-19 voting at an election called and held for that purpose. 8-20 SECTION 12. TRANSPORTATION OF GROUNDWATER. (a) The board 8-21 of directors may adopt rules as provided by Section 36.122, Water 8-22 Code, requiring a permit to transport district groundwater outside 8-23 the district. The board of directors shall authorize the 8-24 transportation of groundwater for use outside the district if the 8-25 board determines that the use is in the public interest. The board 8-26 of directors may: 8-27 (1) designate uses of water that are in the public 9-1 interest; and 9-2 (2) establish criteria for permits issued under the 9-3 rules. 9-4 (b) Transportation projects for the use of groundwater 9-5 outside the district that began before the effective date of this 9-6 Act may continue without a permit if the use of groundwater is on 9-7 land contiguous to the district's boundaries and is for domestic or 9-8 livestock purposes. 9-9 SECTION 13. FINDINGS RELATING TO PROCEDURAL REQUIREMENTS. 9-10 (a) The proper and legal notice of the intention to introduce this 9-11 Act, setting forth the general substance of this Act, has been 9-12 published as provided by law, and the notice and a copy of this Act 9-13 have been furnished to all persons, agencies, officials, or 9-14 entities to which they are required to be furnished by the 9-15 constitution and other laws of this state, including the governor, 9-16 who has submitted the notice and Act to the Texas Natural Resource 9-17 Conservation Commission. 9-18 (b) The Texas Natural Resource Conservation Commission has 9-19 filed its recommendations relating to this Act with the governor, 9-20 lieutenant governor, and speaker of the house of representatives 9-21 within the required time. 9-22 (c) All requirements of the constitution and laws of this 9-23 state and the rules and procedures of the legislature with respect 9-24 to the notice, introduction, and passage of this Act are fulfilled 9-25 and accomplished. 9-26 SECTION 14. EFFECTIVE DATE. This Act takes effect September 9-27 1, 1999. 10-1 SECTION 15. EMERGENCY. The importance of this legislation 10-2 and the crowded condition of the calendars in both houses create an 10-3 emergency and an imperative public necessity that the 10-4 constitutional rule requiring bills to be read on three several 10-5 days in each house be suspended, and this rule is hereby suspended.