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.