By Turner of Coleman H.B. No. 179
77R616 MI-D
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 Kimble County Groundwater
1-4 Conservation District.
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 Kimble County Groundwater Conservation
1-8 District, is created in Kimble County, subject to approval at a
1-9 confirmation election under Section 10 of this Act. The district
1-10 is 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 Kimble County Groundwater Conservation District.
1-16 SECTION 3. BOUNDARIES. The boundaries of the district are
1-17 coextensive with the boundaries of Kimble County, Texas.
1-18 SECTION 4. FINDING OF BENEFIT. All of the land and other
1-19 property included within the boundaries of the district will be
1-20 benefitted by the works and projects that are to be accomplished by
1-21 the district under powers conferred by Section 59, Article XVI,
1-22 Texas Constitution. The district is created to serve a public use
1-23 and benefit.
1-24 SECTION 5. GENERAL POWERS. (a) The district has all of the
2-1 rights, powers, privileges, authority, functions, and duties
2-2 provided by the general law of this state, including Chapter 36,
2-3 Water Code, applicable to groundwater conservation districts
2-4 created under Section 59, Article XVI, Texas Constitution. This
2-5 Act prevails over any provision of general law that is in conflict
2-6 or inconsistent with this Act.
2-7 (b) Notwithstanding Subsection (a), the following provisions
2-8 prevail over a conflicting or inconsistent provision of this Act:
2-9 (1) Sections 36.1071-36.108, Water Code;
2-10 (2) Sections 36.159-36.161, Water Code; and
2-11 (3) Subchapter I, Chapter 36, Water Code.
2-12 (c) Chapter 49, Water Code, does not apply to the district.
2-13 SECTION 6. BOARD OF DIRECTORS. (a) The district is governed
2-14 by a board of five directors.
2-15 (b) Temporary directors serve until initial directors are
2-16 elected under Section 10 of this Act.
2-17 (c) Initial directors serve until permanent directors are
2-18 elected under Section 11 of this Act.
2-19 (d) Permanent directors serve staggered four-year terms.
2-20 (e) Each director must qualify to serve as director in the
2-21 manner provided by Section 36.055, Water Code.
2-22 (f) A director serves until the director's successor has
2-23 qualified.
2-24 SECTION 7. COMPENSATION OF DIRECTORS. A director is not
2-25 entitled to fees of office but is entitled to reimbursement of
2-26 actual expenses reasonably and necessarily incurred while engaging
2-27 in activities on behalf of the district.
3-1 SECTION 8. TEMPORARY DIRECTORS. (a) The temporary board of
3-2 directors consists of five members appointed by the Commissioners
3-3 Court of Kimble County.
3-4 (b) If a temporary director fails to qualify for office, the
3-5 Commissioners Court of Kimble County shall appoint a person to
3-6 fill the vacancy.
3-7 SECTION 9. METHOD OF ELECTING DIRECTORS: COMMISSIONERS
3-8 PRECINCTS. (a) The directors of the district shall be elected
3-9 according to the commissioners precinct method as provided by this
3-10 section.
3-11 (b) One director shall be elected by the electors of the
3-12 entire district, and one director shall be elected from each county
3-13 commissioners precinct by the electors of that precinct.
3-14 (c) To be qualified to be a candidate for or to serve as
3-15 director at large, a person must be a registered voter in the
3-16 district. To be a candidate for or to serve as director from a
3-17 county commissioners precinct, a person must be a registered voter
3-18 of that precinct.
3-19 (d) A person shall indicate on the application for a place
3-20 on the ballot:
3-21 (1) the precinct that the person seeks to represent;
3-22 or
3-23 (2) that the person seeks to represent the district at
3-24 large.
3-25 (e) At the first election after the county commissioners
3-26 precincts are redrawn under Section 18, Article V, Texas
3-27 Constitution, four new directors shall be elected to represent the
4-1 precincts. The directors elected shall draw lots to determine
4-2 which two directors serve two-year terms and which two directors
4-3 serve four-year terms.
4-4 SECTION 10. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
4-5 (a) The temporary board of directors shall call and hold an
4-6 election to confirm establishment of the district and to elect
4-7 initial directors.
4-8 (b) At the confirmation and initial directors' election, the
4-9 temporary board of directors shall have placed on the ballot the
4-10 name of any candidate filing for an initial director's position and
4-11 blank spaces to write in the names of other persons. A temporary
4-12 director who is qualified to be a candidate under Section 9 may
4-13 file for an initial director's position.
4-14 (c) Section 41.001(a), Election Code, does not apply to a
4-15 confirmation and initial directors' election held as provided by
4-16 this section.
4-17 (d) Except as provided by this section, a confirmation and
4-18 initial directors' election must be conducted as provided by
4-19 Sections 36.017(b)-(h), Water Code, and the Election Code.
4-20 SECTION 11. ELECTION OF DIRECTORS. (a) On the first
4-21 Saturday in May of the first even-numbered year after the year in
4-22 which the district is authorized to be created at a confirmation
4-23 election, an election shall be held in the district for the
4-24 election of three directors to serve four-year terms and two
4-25 directors to serve two-year terms.
4-26 (b) On the first Saturday in May of each subsequent second
4-27 year following the election, the appropriate number of directors
5-1 shall be elected.
5-2 SECTION 12. TAX RATE. The district may not levy a tax to
5-3 pay any part of bonds or notes issued by the district that exceeds
5-4 20 cents on each $100 of assessed valuation.
5-5 SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. (a)
5-6 The proper and legal notice of the intention to introduce this Act,
5-7 setting forth the general substance of this Act, has been published
5-8 as provided by law, and the notice and a copy of this Act have been
5-9 furnished to all persons, agencies, officials, or entities to which
5-10 they are required to be furnished by the constitution and other
5-11 laws of this state, including the governor, who has submitted the
5-12 notice and Act to the Texas Natural Resource Conservation
5-13 Commission.
5-14 (b) The Texas Natural Resource Conservation Commission has
5-15 filed its recommendations relating to this Act with the governor,
5-16 lieutenant governor, and speaker of the house of representatives
5-17 within the required time.
5-18 (c) All requirements of the constitution and laws of this
5-19 state and the rules and procedures of the legislature with respect
5-20 to the notice, introduction, and passage of this Act are fulfilled
5-21 and accomplished.
5-22 SECTION 14. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
5-23 takes effect September 1, 2001.
5-24 (b) If the creation of the district is not confirmed at a
5-25 confirmation election held under Section 10 of this Act before
5-26 September 1, 2003, this Act expires on that date.