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.